Critical Perspectives On The Scope And Interpretation Of Article 10 Of The European Convention On Human Rights

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Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 51,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

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.

The European Convention on Human Rights

Author : Loukis Loucaides
Publisher : BRILL
Page : 287 pages
File Size : 48,8 Mb
Release : 2007-10-15
Category : Law
ISBN : 9789047422259

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The European Convention on Human Rights by Loukis Loucaides Pdf

This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.

A Commentary on the United Nations Convention on the Rights of the Child, Article 13: The Right to Freedom of Expression

Author : Herdís Thorgeirsdóttir
Publisher : BRILL
Page : 65 pages
File Size : 44,6 Mb
Release : 2006-10-05
Category : Law
ISBN : 9789047408642

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A Commentary on the United Nations Convention on the Rights of the Child, Article 13: The Right to Freedom of Expression by Herdís Thorgeirsdóttir Pdf

This volume constitutes a commentary on Article 13 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Freedom of Expression and the Media

Author : Merris Amos,Jackie Harrison,Lorna Woods
Publisher : Martinus Nijhoff Publishers
Page : 272 pages
File Size : 46,9 Mb
Release : 2012-07-26
Category : Law
ISBN : 9789004229402

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Freedom of Expression and the Media by Merris Amos,Jackie Harrison,Lorna Woods Pdf

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. Justifications for freedom of expression do, in the end, inevitably involve the conduct of the media and it is this that concerns our authors. This book is concerned with these issues as they affect the contemporary media, the practice of journalism and why imposed constraints and the extent of the freedoms attached to freedom of expression are managed, and why they may or may not be ultimately regarded as legitimate or not legitimate. It is the practical matter of contemporary journalism and freedom of expression that concerns us. Consequently this is not a philosophical work so much as a work concerned with the way that freedom of expression is evoked and applied and those arguments that support or refute such evocation and application, focussing on areas of tension between freedom of expression and other considerations. In short, this is a book concerned with what the various authors regard as good practice as well as what they regard as problematic and why. Most of the chapters in this book assume a UK regulatory framework, which, influenced by the EU requirements, imposes a differentiated burden on the broadcast media by comparison with the press and, to some degree, content on the Internet.

Journalism Worthy of the Name

Author : Herdís Thorgeirsdóttir
Publisher : BRILL
Page : 593 pages
File Size : 51,6 Mb
Release : 2005-06-01
Category : Law
ISBN : 9789047415206

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Journalism Worthy of the Name by Herdís Thorgeirsdóttir Pdf

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.

Protecting Human Rights in the EU

Author : Tanel Kerikmäe
Publisher : Springer Science & Business Media
Page : 200 pages
File Size : 41,7 Mb
Release : 2013-08-30
Category : Law
ISBN : 9783642389023

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Protecting Human Rights in the EU by Tanel Kerikmäe Pdf

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.

Reinventing Media

Author : Mikl¢s S?k”sd,P‚ter Bajomi-L z r
Publisher : Central European University Press
Page : 284 pages
File Size : 46,8 Mb
Release : 2003-01-01
Category : Political Science
ISBN : 9639241490

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Reinventing Media by Mikl¢s S?k”sd,P‚ter Bajomi-L z r Pdf

This title focuses on the shortcomings of reforms and includes proposals for the current media scene in East-Central Europe and the Balkans

Protecting Children in the Digital Era

Author : Eva Lievens
Publisher : BRILL
Page : 604 pages
File Size : 48,5 Mb
Release : 2010-07-26
Category : Law
ISBN : 9789004189720

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Protecting Children in the Digital Era by Eva Lievens Pdf

Against the background of the European legal framework, this books offers a comprehensive analysis of the use of alternative regulatory instruments, such as self- and co-regulation, to protect minors in the digital media environment.

Limits of Tolerance

Author : Sebastian Brett,Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 210 pages
File Size : 54,8 Mb
Release : 1998
Category : Political Science
ISBN : 1564321924

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Limits of Tolerance by Sebastian Brett,Human Rights Watch (Organization) Pdf

History and Legal Norms

Television and Politics in Evolving European Democracies

Author : Lynda Lee Kaid
Publisher : Nova Publishers
Page : 260 pages
File Size : 51,6 Mb
Release : 1999
Category : Performing Arts
ISBN : 1560727535

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Television and Politics in Evolving European Democracies by Lynda Lee Kaid Pdf

Throughout the world, television has become an important part of the way in which political candidates and parties present their messages to voters during election campaigns. This is particularly true in campaigns at the national level where voters have little personal contact with candidates and must rely on experiencing candidates through the media. Despite the importance of the media for voter-government interaction, however, many new reform governments in the post-communist era in Eastern European countries failed to appreciate the demands of creating workable new media systems.

Media Freedom

Author : Damian Tambini
Publisher : John Wiley & Sons
Page : 206 pages
File Size : 44,8 Mb
Release : 2021-08-12
Category : Social Science
ISBN : 9781509544707

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Media Freedom by Damian Tambini Pdf

The contentious role of social media in recent elections and referendums has brought to the fore once again the fundamental question of media freedom and the extent to which, and the way in which, the media should be regulated in a modern democratic society. This book surveys the history of media in the US, the UK and Europe in order to develop a new theory of media freedom that is capable of resolving current controversies about how best to regulate the media, including the internet and social media. Tambini argues that democratic regulation of the media must build upon – and learn from – the long history of accommodation between the press, broadcasting, the state and corporate power. By attending to this history, we can see that media freedom is not absolute but rather conditional, taking the form of a social contract of privileges and connected duties. Tambini develops this social contract account of media freedom and applies it to different media sectors, from the press and broadcasting to the internet and social media. Above all, he argues for a renewed role for international human rights law standards in media governance, and an end to American exceptionalism. Written for students, scholars, policymakers and media professionals, this wide-ranging book will be of interest to everyone concerned about the role of the media in our societies and about the health of our democracies.

Western Media Systems

Author : Jonathan Hardy
Publisher : Routledge
Page : 304 pages
File Size : 46,5 Mb
Release : 2010-02-25
Category : History
ISBN : 9781135253707

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Western Media Systems by Jonathan Hardy Pdf

Western Media Systems offers a critical introduction to media systems in North America and Western Europe. The book offers a wide-ranging survey of comparative media analysis addressing the economic, social, political, regulatory and cultural aspects of Western media systems. Jonathan Hardy takes a thematic approach, guiding the reader through critical issues and debates, introducing key concepts and specialist literature. Western Media Systems is essential reading for undergraduate and postgraduate students studying comparative and global media.

Mass Media Files

Author : Anonim
Publisher : Unknown
Page : 790 pages
File Size : 42,6 Mb
Release : 1982
Category : Mass media
ISBN : UOM:39015046782564

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Mass Media Files by Anonim Pdf

Media and Democracy

Author : Council of Europe
Publisher : Council of Europe
Page : 180 pages
File Size : 43,7 Mb
Release : 1998-01-01
Category : Political Science
ISBN : 9287134138

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Media and Democracy by Council of Europe Pdf

This volume features seven essays which discuss the regulation of media acitivities, the roles and responsibilities of journalists, and new dilemmas faced with the advent of new technologies.