Chapter

Liberal Democracy and the Media in European and International Law

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/9780198268550.003.0004
Liberal Democracy and the Media in European and International Law

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Chapter Three examines the political and legal foundations of European and international media law. These stem from long running efforts to entrench liberal economic and political principles into European and international public order. The Chapter identifies the main fault lines in these two spheres: the distinction between economic and human rights law and the distinction between national autonomy and supranational law. It also sets out the common structure of European and international treaty obligations affecting the media, whose primary provisions protect the free flow of media content through obligations on states to secure non-discriminatory, liberalised market access for media goods and services and to guarantee the right to freedom of expression. These however are also substantially limited by exceptions and other provisions that protect non-market public policy goals. Chapter Three then contrasts ideas of constitutionalism in European and international media law with the alternative concept of legal pluralism.

Keywords: European Union; free movement; freedom of expression; TFEU; ECHR; GATT; GATS; ICCPR; constitutionalism; pluralism

Chapter.  19806 words. 

Subjects: Intellectual Property Law

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