Journalism worthy of the name : freedom within the press and the affirmative side of Article 10 of the European Convention on Human Rights / Herdís Thorgeirsdóttir.

Format:

Book

Author/Creator:

Herdís Thorgeirsdóttir, author.

Series:

The Raoul Wallenberg Institute Human Rights Library ; 21.

The Raoul Wallenberg Institute Human Rights Library ; 21

Language:

English

Subjects (All):

Freedom of the press--Europe.

Freedom of the press.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Physical Description:

1 online resource.

Edition:

First edition.

Place of Publication:

Leiden, The Netherlands : Brill, [2005]

Summary:

The subject of this study is 'freedom within the press', the nature and limits of the protection afforded to the journalistic imparting process, which has been a neglected area of research. The analysis draws on the classical defenders of freedom of speech, Milton and Mill, to show that at the dawn of the 21st century the intertwined alliance between big business and public authorities resulting in the widespread phenomena of self-censorship within the media constitutes an almost insurmountable obstacle. Instead of enlightening the public and inspiring the individual the press may be contributing to an inert public and individual cowardice antithetical to the objectives of human dignity and democracy. The core of the problem is that prima facie the infringement of freedom within the media is not exercised on legal premises and cannot therefore be solved within the legal framework. The operation of the press in society is conditioned by three types of regulation, legal regulation, market regulation and self-regulation. Legal regulation does not adequately presuppose the impact of the latter as it is based on the assumption that press freedom is mainly a negative liberty. The book explores the affirmative side of Article 10 of the European Convention on Human Rights to guarantee press freedom that is not merely illusory but practical and effective. Convention jurisprudence has not only influenced the domestic courts of the Contracting Parties but also the legislators of the Member States. In an era of globalization dominant media operators wield power in their own domestic markets to impede national regulators in adopting interventionist media policies to secure journalistic freedoms. The Convention jurisprudence represents a kind of European ius commune, which is here set in the context of an analysis reflecting the problems and values at issue and offering recommendations to alleviate a situation which threatens democratic ideals and public-spirited journalism.

Contents:

Foreword;

Acknowledgements;

Introduction;

I Subject and Terminology;

II Method;

III Scope;

IV Purpose;

PART I THE EUROPEAN CONVENTION AND ITS PUBLIC WATCHDOG;

Chapter 1: Article 10 and the Press;

Chapter 2: The Democratic Right to Receive;

Chapter 3: Opinion, Journalism and Dignity;

Chapter 4: The Vital Role of Imparting;

PART II FREEDOM WITHIN THE MEDIA: THE DILEMMA OF AN 'IRON CAGE';

Introduction; Chapter 5: Self-Censorship in Journalism;

Chapter 6: The Proprietor's Position;

Chapter 7: The Political Nature of Advertising;

Chapter 8: Self-Regulation Contested;

PART III JOURNALISM WORTHY OF THE NAME;

Chapter 9: Affirmative Action on the Basis of Article 10;

Table of Cases;

Table of Legislation;

Bibliography;

Index.

Notes:

Description based on print version record.

Based on the author's doctoral thesis from the Faculty of Law, Lund University, 2003.

Includes bibliographical references and index.

ISBN:

9789047415206

9047415205

OCLC:

1286426999

Publisher Number:

10.1163/9789047415206 DOI