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Items
Details
Author
Title
Media freedom as a fundamental right / Jan Oster.
Imprint
Cambridge : Cambridge University Press, 2015.
Description
1 online resource (xlii, 292 pages) : digital, PDF file(s).
Series
Cambridge intellectual property and information law ; 30.
Formatted Contents Note
Part I. The Theoretical Foundations of Media Freedom
The rationales for freedom of expression
Theory of media freedom
Part II. General Rules on Media Freedom
Beneficiaries of media freedom: who is 'the media'?
The content of media freedom: media speech privileges and institutional protection of the media
The notion of an 'interference' with media freedom
Justification of an interference with media freedom
Part III. Specific Limitations to Media Freedom
Personality rights and intellectual property as 'rights of others'
Threats to public order interests: national security, territorial integrity, public safety and prevention of disorder and crime
The protection of health and morals
Maintaining the authority and impartiality of the judiciary
Incitement to hatred
Religiously offensive publications
Restrictions on commercial publications
Media pluralism.
The rationales for freedom of expression
Theory of media freedom
Part II. General Rules on Media Freedom
Beneficiaries of media freedom: who is 'the media'?
The content of media freedom: media speech privileges and institutional protection of the media
The notion of an 'interference' with media freedom
Justification of an interference with media freedom
Part III. Specific Limitations to Media Freedom
Personality rights and intellectual property as 'rights of others'
Threats to public order interests: national security, territorial integrity, public safety and prevention of disorder and crime
The protection of health and morals
Maintaining the authority and impartiality of the judiciary
Incitement to hatred
Religiously offensive publications
Restrictions on commercial publications
Media pluralism.
Summary
Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781316162736 (ebook)
9781107098954 (hardback)
9781107491809 (paperback)
9781107098954 (hardback)
9781107491809 (paperback)
Record Appears in