Chapter

The Media in European and International Human Rights 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/9780198268550.003.0007
The Media in European and International Human Rights Law

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Chapter Six sets out, separately, the principles and rules of European and international human rights law that most directly affect the media. The Chapter examines the ECHR Article 10 right to freedom of expression, explaining the judicial development of its core purpose of protecting scrutiny and comment on public affairs. It also examines competing ECHR based rights and interests and the use of proportionality analysis to achieve a balance between these and the liberty to publish. The Chapter looks at other Council of Europe treaties and instruments concerning media issues, including regulatory independence, public service media and prescriptive rules protecting state and public interests. Chapter Six then discusses Article 19 of the ICCPR in comparison to Article 10 of the ECHR, including various successes and failures in developing a liberal democratic interpretation of freedom of expression in international law in different venues.

Keywords: Council of Europe; ECHR; United Nations; UNESCO; ICCPR; freedom of expression; privacy; public morals; security

Chapter.  22288 words. 

Subjects: Intellectual Property Law

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