Media Freedom Under The Human Rights Act

"Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media."--BOOK JACKET.

This book examines why press freedom has not become part of the established international human rights debate, despite its centrality to democratic theory. It argues that an unrestricted press is not just an important economic actor, but also an influential power in the political process, a status that interferes with government interests of sustaining their own power and influence. Despite the popularity of ideational explanations in the field of human rights studies, in the case of promoting press freedom, considerations of power and strategic interests rather than ideas dominate state behavior. The author makes the case that the current place of press freedom in the human rights debate needs to be rethought not only in developing countries, but in liberal democracies as well.

The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups. Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined. The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.

Canadian news reports are riddled with accounts of Access to Information requests denied and government reports released with large swaths of content redacted. The Unfulfilled Promise of Press Freedom in Canada offers a vast array of viewpoints that critically analyze the application and interpretation of press freedom under the Charter of Rights. This collection, assiduously put together by editors Lisa Taylor and Cara-Marie O'Hagan, showcases the insights of leading authorities in law, journalism, and academia as well as broadcasters and public servants. The contributors explore the ways in which press freedom has been constrained by outside forces, like governmental interference, threats of libel suits, and financial constraints. These intersectional and multifaceted lines of inquiry provide the reader with a 360-degree assessment of press freedom in Canada while discouraging complacency among Canadian citizens. After all, an informed citizenry is a free citizenry.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.

Canadian news reports are riddled with accounts of Access to Information requests denied and government reports released with large swaths of content redacted. The Unfulfilled Promise of Press Freedom in Canada offers a vast array of viewpoints that critically analyze the application and interpretation of press freedom under the Charter of Rights. This collection, assiduously put together by editors Lisa Taylor and Cara-Marie O’Hagan, showcases the insights of leading authorities in law, journalism, and academia as well as broadcasters and public servants. The contributors explore the ways in which press freedom has been constrained by outside forces, like governmental interference, threats of libel suits, and financial constraints. These intersectional and multifaceted lines of inquiry provide the reader with a 360-degree assessment of press freedom in Canada while discouraging complacency among Canadian citizens. After all, an informed citizenry is a free citizenry.