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- Title
Redefining ‘media’ using a ‘media-as-a-constitutional- component’ concept: an evaluation of the need for the European Court of Human Rights to alter its understanding of ‘media’ within a new media landscape.
- Authors
Coe, Peter
- Abstract
This paper considers the impact of new media on freedom of expression and media freedom within the context of the European Convention on Human Rights and European Court of Human Rights jurisprudence. Through comparative analysis of US jurisprudence and scholarship, this paper deals with the following three issues. First, it explores the traditional purpose of the media, and how media freedom, as opposed to freedom of expression, has been subject to privileged protection, within an ECHR context at least. Secondly, it considers the emergence of new media, and how it can be differentiated from the traditional media. Finally, it analyses the philosophical justifications for freedom of expression, and how they enable a workable definition of the media based upon the concept of the media-as-aconstitutional- component.
- Subjects
EUROPEAN Court of Human Rights; FREEDOM of expression; SCHOLARLY method; SOCIAL media; JURISPRUDENCE
- Publication
Legal Studies, 2017, Vol 37, Issue 1, p25
- ISSN
0261-3875
- Publication type
Article
- DOI
10.1111/lest.12133