Chapter

The Media and the Liberal Democratic State

Perry Keller

in European and International Media Law

Published in print May 2011 | ISBN: 9780198268550
Published online September 2011 | e-ISBN: 9780191728518 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268550.003.0003
The Media and the Liberal Democratic State

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Chapter Two examines the foundations of the relationship between the media and the liberal democratic state, breaking it down into three broad perspectives: the liberty to publish free from external interference, the protection of state interests in security and public order, and lastly the protection of individuals, communities and society at large from the harmful effects of media publication. This Chapter then compares consequential and autonomy based liberal arguments for freedom of expression, underscoring the critical role that democracy has acquired as an argument for greater liberty to publish. Ideas of harm and offence, also grounded in autonomy as well as human dignity, are explored. Chapter Two also looks at positive intervention by the state in media markets for social and cultural purposes. Finally, in considering different constitutional approaches to freedom of expression, the Chapter examines proportionality analysis and its alternatives in liberal democratic media law.

Keywords: liberalism; democracy; freedom of expression; autonomy; human dignity; marketplace of ideas; harm; offence; negative liberty; positive liberty

Chapter.  19255 words. 

Subjects: Intellectual Property Law

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