Pub Date : 2024-05-13DOI: 10.1080/17577632.2024.2345982
Mark Hanna
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Pub Date : 2024-03-25DOI: 10.1080/17577632.2024.2326278
Katie Pentney
In its seminal decision in Dink v Turkey, the European Court of Human Rights recognised that States have a positive obligation, under Article 10, to create a favourable environment for participatio...
{"title":"States' positive obligation to create a favourable environment for participation in public debate: a principle in search of a practical effect?","authors":"Katie Pentney","doi":"10.1080/17577632.2024.2326278","DOIUrl":"https://doi.org/10.1080/17577632.2024.2326278","url":null,"abstract":"In its seminal decision in Dink v Turkey, the European Court of Human Rights recognised that States have a positive obligation, under Article 10, to create a favourable environment for participatio...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140299441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-22DOI: 10.1080/17577632.2024.2305419
Robert Spano
European systems have long had rules in place to secure pluralism in media ownership and to ensure that audiences are exposed to diverse content. The role of those regulations has come under increa...
{"title":"The concept of media pluralism under the European Convention on Human Rights – substantive principles and procedural safeguards","authors":"Robert Spano","doi":"10.1080/17577632.2024.2305419","DOIUrl":"https://doi.org/10.1080/17577632.2024.2305419","url":null,"abstract":"European systems have long had rules in place to secure pluralism in media ownership and to ensure that audiences are exposed to diverse content. The role of those regulations has come under increa...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140202945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-20DOI: 10.1080/17577632.2024.2316360
Peter Coe
It is commonly recognised that the publication of false information can be harmful to the public sphere. The Online Safety Act 2023 places statutory responsibilities on regulated services to preven...
{"title":"Tackling online false information in the United Kingdom: The Online Safety Act 2023 and its disconnection from free speech law and theory*","authors":"Peter Coe","doi":"10.1080/17577632.2024.2316360","DOIUrl":"https://doi.org/10.1080/17577632.2024.2316360","url":null,"abstract":"It is commonly recognised that the publication of false information can be harmful to the public sphere. The Online Safety Act 2023 places statutory responsibilities on regulated services to preven...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139951953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-31DOI: 10.1080/17577632.2023.2299097
M. Z. van Drunen, C. Papaevangelou, D. Buijs, R. Ó. Fathaigh
The media privilege has been one of the most controversial aspects of the proposed European Media Freedom Act (EMFA). However, it is important not to assess the drawbacks of the media privilege in ...
{"title":"What can a media privilege look like? Unpacking three versions in the EMFA","authors":"M. Z. van Drunen, C. Papaevangelou, D. Buijs, R. Ó. Fathaigh","doi":"10.1080/17577632.2023.2299097","DOIUrl":"https://doi.org/10.1080/17577632.2023.2299097","url":null,"abstract":"The media privilege has been one of the most controversial aspects of the proposed European Media Freedom Act (EMFA). However, it is important not to assess the drawbacks of the media privilege in ...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139759045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.1080/17577632.2024.2307678
Ricki-Lee Gerbrandt
In the digital era, journalists are targeted with online abuse including serious threats of violence. These censorship tactics are a direct threat to media freedom. Although the UK Government inten...
{"title":"Media freedom and journalist safety in the UK Online Safety Act","authors":"Ricki-Lee Gerbrandt","doi":"10.1080/17577632.2024.2307678","DOIUrl":"https://doi.org/10.1080/17577632.2024.2307678","url":null,"abstract":"In the digital era, journalists are targeted with online abuse including serious threats of violence. These censorship tactics are a direct threat to media freedom. Although the UK Government inten...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139586432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.1080/17577632.2023.2288395
Hilary Young
The Supreme Court of Canada’s most recent pronouncement on defamation and anti-SLAPP law concerns allegations of bigotry. While the Court protected these allegations as valuable counterspeech, the ...
{"title":"Hansman v Neufeld: The Supreme Court of Canada protects counterspeech under anti-SLAPP law, but is it even defamatory?","authors":"Hilary Young","doi":"10.1080/17577632.2023.2288395","DOIUrl":"https://doi.org/10.1080/17577632.2023.2288395","url":null,"abstract":"The Supreme Court of Canada’s most recent pronouncement on defamation and anti-SLAPP law concerns allegations of bigotry. While the Court protected these allegations as valuable counterspeech, the ...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138563643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.1080/17577632.2023.2287954
Päivi Korpisaari
A politician was fined for not removing Islamophobic comments posted by third parties on his public Facebook ‘wall’. Whereas the Court had previously given special protection to political debate, i...
{"title":"Sanchez v France: ECtHR judgment raises questions about politician’s liability to moderate his own Facebook ‘wall’","authors":"Päivi Korpisaari","doi":"10.1080/17577632.2023.2287954","DOIUrl":"https://doi.org/10.1080/17577632.2023.2287954","url":null,"abstract":"A politician was fined for not removing Islamophobic comments posted by third parties on his public Facebook ‘wall’. Whereas the Court had previously given special protection to political debate, i...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138559882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/17577632.2023.2240998
T. Seipp, R. Fathaigh, M. V. van Drunen
ABSTRACT This comment examines the definition of ‘media’ under the recently-proposed European Media Freedom Act (EMFA), and highlights its potential flaws, while pointing to possible considerations for future improvement. Notably, the narrow service-based approach to defining ‘media’ under Article 2 EMFA appears to be in conflict with the functional approach to defining media under European and international human rights law. Additionally, a lack of transparency and safeguards regarding how the criteria of ‘editorial independence’ is to be assessed, especially under Article 17 EMFA, is problematic. The risk that such decisions are made based on commercial and/or political considerations rather than established standards of media freedom must be avoided, especially when platforms are to assess editorial independence.
{"title":"Defining the ‘media’ in Europe: pitfalls of the proposed European Media Freedom Act","authors":"T. Seipp, R. Fathaigh, M. V. van Drunen","doi":"10.1080/17577632.2023.2240998","DOIUrl":"https://doi.org/10.1080/17577632.2023.2240998","url":null,"abstract":"ABSTRACT This comment examines the definition of ‘media’ under the recently-proposed European Media Freedom Act (EMFA), and highlights its potential flaws, while pointing to possible considerations for future improvement. Notably, the narrow service-based approach to defining ‘media’ under Article 2 EMFA appears to be in conflict with the functional approach to defining media under European and international human rights law. Additionally, a lack of transparency and safeguards regarding how the criteria of ‘editorial independence’ is to be assessed, especially under Article 17 EMFA, is problematic. The risk that such decisions are made based on commercial and/or political considerations rather than established standards of media freedom must be avoided, especially when platforms are to assess editorial independence.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41307052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/17577632.2023.2234691
C. Lombardi
ABSTRACT Journalism plays a crucial role in providing reliable information and holding those in power accountable. However, newspapers have experienced a significant drop in profitability, with digital platforms controlling the industry's main revenue sources being one contributing factor. To tackle this problem, the EU has granted press publishers the right to demand payment for copyright licenses from digital platforms. This article examines the nature and history of the new neighbouring right introduced by the EU Directive 790/2019 (DCSM) and considers the relationship between copyright and competition law in this area. While this move aims to enhance the bargaining power of publishers, it alone might not be sufficient to safeguard the public's right to information, freedom of speech, and a diverse news media landscape. Consequently, the effectiveness of the EU Directive will require additional regulatory measures, including bargaining codes, information-sharing mechanisms, and the implementation of specific ‘choice architectures’.
{"title":"Rethinking journalism protection: looking beyond copyright","authors":"C. Lombardi","doi":"10.1080/17577632.2023.2234691","DOIUrl":"https://doi.org/10.1080/17577632.2023.2234691","url":null,"abstract":"ABSTRACT Journalism plays a crucial role in providing reliable information and holding those in power accountable. However, newspapers have experienced a significant drop in profitability, with digital platforms controlling the industry's main revenue sources being one contributing factor. To tackle this problem, the EU has granted press publishers the right to demand payment for copyright licenses from digital platforms. This article examines the nature and history of the new neighbouring right introduced by the EU Directive 790/2019 (DCSM) and considers the relationship between copyright and competition law in this area. While this move aims to enhance the bargaining power of publishers, it alone might not be sufficient to safeguard the public's right to information, freedom of speech, and a diverse news media landscape. Consequently, the effectiveness of the EU Directive will require additional regulatory measures, including bargaining codes, information-sharing mechanisms, and the implementation of specific ‘choice architectures’.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47790876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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