Media Freedom

Оглавление

Damian Tambini. Media Freedom

CONTENTS

Guide

Pages

Dedication

Media Freedom

Acknowledgements

Abbreviations

Introduction

1 Media Freedom: Unresolved Tensions. Introduction: Media Freedom and Global Governance

Why Protect Media Freedom?

Is Media Freedom Absolute?

What Are Media?

Freedom From or Freedom To?

Freedom from the State or from Private Actors?

‘Noise Reduction’ or Censorship?

Is Self-Regulation Voluntary?

Information Sovereignty versus ‘Regardless of Frontiers’?

How to Regulate Media Power?

Institution Building or a Slippery Slope?

Tech Giants or Free Media?

Global Standards or American Exceptionalism?

Media Policy Stasis: Why Theoretical Confusion Matters

Dynamics of Change

The Approach of This Book

Notes

2 Constructing Press Freedom

Theory and the ‘Fourth Estate’

The Captive Press

Press Freedom and the American Revolution

Constitutionalizing Press Freedom

Institutionalization: From Licensing to Liability and Social Responsibility

Distribution, Copyright and ‘Taxes on Knowledge’

International Human Rights and American Exceptionalism

The Impact of Article 10 ECHR on Journalistic Privilege in Europe

Press Freedom, ‘Journalism Privilege’ and the Post-War Compact

Political Economy: Monopoly, Tax, Distribution

An Audit of Press Privilege

Press Freedom: Conditional on Duties?

Conclusions. Press Freedom and the Fourth Estate: Thousands of Choices

Notes

3 Broadcasting Freedom. Introduction: The Socio-Legal Construction of Broadcasting

A Spectrum of Approaches

Towards a Broadcasting Market: The Coase Challenge

The ‘Spectrum for Service’ Compact

Fundamental Rights and Broadcasting

The Rise and Fall of Public Service Broadcasting

What is Broadcasting Freedom?

Conclusions

Notes

4 ‘Internet Freedom’ Introduction: What Is the Internet?

The Internet as a Layer Cake

Making the Internet: Access, Interconnection, Net Neutrality and the Data Economy

Absolute Freedom on the Net: A Very Brief History

The First Settlement for Internet Content and Liability

The Clinton Paradox: Internet Freedom as a Policy Objective

Eight Ways to Censor the Net

1 Content Host Takedown

2 Search-Based Filtering

3 Domain Names, Registries, ICANN and TLDs

4 ISP Filtering

5 Graduated Response: Release of Consumer Data and Internet Suspension

6 Hash Databases

7 DDoS and Malicious Code

8 Kill Switches and Internet Shutdowns

The Emergence of Pseudo-Media on the Internet: The Search for an Analogy

Building Responsibility, or Censorship by the Blob?

Conclusions

Notes

5 A Theory of Media Freedom. Introduction: A Positive and Negative Approach

Who Should Be Free? Defining the Media

Free From Whom?

Freedom To Do What?

Outline of the Theory: Reconciling Negative and Positive Approaches to Press, Broadcasting and the Early Internet

Conclusion

Notes

6 The New Social Contract. Trumpeting Free Speech

The Impasse

The First Settlement for Media Freedom on the Internet

Surveillance Democracy and AI

Jurisdiction

Content Liability

Will ‘Content Neutrality’ Kill Journalism?

Media Freedom on the Internet: Policy Principles

The Role of International Law and Human Rights

Fiscal Policy

Public Service

Antitrust and the New Social Contract

Copyright and News Revenue

Names, Numbers, Resources, Standards

Constructing the Social Contract

How to Manage Reform?

Conclusions: Recreating Common Ground

Notes

References

Statutes, bills and directives

Cases

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

X

Y

Z

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Отрывок из книги

To Helen

Many identify the roots of our democratic tribulations in a crisis in our media: citizens have lost trust in common facts and authoritative voices, which are drowned out by the noise and distraction of the internet. Democratic self-confidence has evaporated as populists both within and outside democracies seek to control media, and construct new tools of targeted propaganda.

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Since the emergence of significant intermediaries with power to decide which messages are widely received, such as search and social media platforms in the first decade of the twenty-first century, states have been keen to delegate to those platforms various regulatory or censorship functions, with the result that there has been an expansion of private enforcement of censorship.69 From the point of view of a negative rights approach where state restraint on communication is the chief concern, this enables states to achieve policy objectives – such as child protection or the removal of terrorist content – because private enforcers are not in general constrained by free speech rights.

From the point of view of the individual autonomy and expressive rights of the speaker, however, it may be irrelevant whether a censorship function is carried out by a private or a state actor. What matters is whether their voice is heard. But the development in 2021 of proposals for new regulatory agencies to ensure that private actors censor speech more effectively raises fundamental questions of where the boundary between state and self-regulation is deemed to lie.

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