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Free Speech > Free Speech 3- Unpacking Media Freedom Part 1 > Flashcards

Free Speech 3- Unpacking Media Freedom Part 1 Flashcards

0
Q

What was the following 2 lectures will consider in concept of media freedom?

A

Part 1 - mf as a distinct concept to f.o.s

Part 2- unpacking mf

  • why is media freedom important - actually includes for those entires that are operating as media
  • assessment of its contents
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1
Q

What is the 1st lec about?

A

Media freedom

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2
Q

Special protection for the media? - what is traditional progressional media?

A 
Print press 
Tv 
Radio 
Filmed in street 
- continues to benefit from significant protection beyond that talked into prov Indic and non media organizations
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3
Q

Special protection for media points?

A

Media actors benefit from significant protection over and above non media actors

Evident within a number of jursidictions/ pursuant to conventions and constitutions

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4
Q

Special protection for media points?

A

Media actors benefit from significant protection over and above non media actors

Evident within a number of jursidictions/ pursuant to conventions and constitutions

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5
Q

Special protection for the media examples? 1

A

Art 11 (2) of the charter of fundamental rights of Eu, freedom and pluralism of media shall be respected

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6
Q

Special protection for the media examples? 1

A

Art 11 (2) of the charter of fundamental rights of Eu, freedom and pluralism of media shall be respected

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7
Q

Special protection for the media examples? 2

A

In Germany - art 5 (2) - German basic law provides a sep provision for the specific protection of media expression - therefore creating a clear distinct of free expression- guarantees for private individ - article 5(1)2 - German base states freedom of press - freedom of reporting means broadcast films shall be guaranteed

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8
Q

Special protection for the media examples? 2

A

In Germany - art 5 (2) - German basic law provides a sep provision for the specific protection of media expression - therefore creating a clear distinct of free expression- guarantees for private individ - article 5(1)2 - German base states freedom of press - freedom of reporting means broadcast films shall be guaranteed

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9
Q

What can u also see about examples ?

A

An enhanced right media freedom - media protection guarantee in article 2(1)

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10
Q

What can u also see about examples ?

A

An enhanced right media freedom - media protection guarantee in article 2(1)

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11
Q

Special protection for the media examples? 3

A

Italian const - art 2 (5) (1)

Belgium const and also media clauses in art 70 of Swiss const

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12
Q

Special protection for the media examples? 3

A

Italian const - art 2 (5) (1)

Belgium const and also media clauses in art 70 of Swiss const

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13
Q

So what about protection for media or enhanced protection for media?

A

Operating for media is wide spread and is recognized by a number of juris partic in Europe

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14
Q

So what about protection for media or enhanced protection for media?

A

Operating for media is wide spread and is recognized by a number of juris partic in Europe

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15
Q

So what about the US What s the position here

A

Look on next slide

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16
Q

So what about the US What s the position here

A

Look on next slide

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17
Q

Special protection for the media the US position - under 1st ammend constitution it says?

A

“ congresss shall make no law respecting an establishment of religion or prohibiting the free excercise thereof or abridinginf the freedom of speech or of the press or of the richt of peaceably to assemble”

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18
Q

Special protection for the media the US position - under 1st ammend constitution it says?

A

“ congresss shall make no law respecting an establishment of religion or prohibiting the free excercise thereof or abridinginf the freedom of speech or of the press or of the richt of peaceably to assemble”

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19
Q

Special protection for the media the US position - what is the important bit here?

A

Abriding freedom of press - free press clause -

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20
Q

Special protection for the media the US position - what is the important bit here?

A

Abriding freedom of press - free press clause -

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21
Q

Special protection for the media the US position - looking at what said in const

A

1st ammend of consortiorkn states that the congress shall make no law, abriding freedom of speech of press

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22
Q

Special protection for the media the US position - looking at what said in const

A

1st ammend of consortiorkn states that the congress shall make no law, abriding freedom of speech of press

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23
Q

Special protection for the media the US position - wat about the free speech clause

A

Despite free speech clause - the us is very different to the jurisdictions and conventions looked at on previous slide

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24
Q

Special protection for the media the US position - wat about the free speech clause

A

Despite free speech clause - the us is very different to the jurisdictions and conventions looked at on previous slide

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25
Q

Special protection for the media the US position - what do we do with us and Europe

A

Compare it with the juris of Eu ct rights

You’ll see although it has specific free press not as simple as that

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26
Q

Special protection for the media the US position - what do we do with us and Europe

A

Compare it with the juris of Eu ct rights

You’ll see although it has specific free press not as simple as that

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27
Q

Article 10 ECHR - what is it important to understand here?

A

Important to understand that right to freedom of expression as protected by art 10 echr applies to individs AND media

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28
Q

Article 10 ECHR - what is it important to understand here?

A

Important to understand that right to freedom of expression as protected by art 10 echr applies to individs AND media

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29
Q

ART 10 ECHR- also provide for?

A

Provides those acting as media with additional protection over and above that applicable to private individs

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30
Q

ART 10 ECHR- also provide for?

A

Provides those acting as media with additional protection over and above that applicable to private individs

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31
Q

ART 10 ECHR- what did this enhance?

A

Enhance right of media freedom

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32
Q

ART 10 ECHR- what did this enhance?

A

Enhance right of media freedom

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33
Q

ART 10 ECHR- what does the same apply to

A

Article 19 of the United Nations intenerarional convention on civil and political rights - the iccpr and article 14 of the American convention on human rights , they have the same enhanced protection that applies to those partic articles

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34
Q

ART 10 ECHR- what does the same apply to

A

Article 19 of the United Nations intenerarional convention on civil and political rights - the iccpr and article 14 of the American convention on human rights , they have the same enhanced protection that applies to those partic articles

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35
Q

ART 10 ECHR- art 10 - 1 say?

A

-

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36
Q

ART 10 ECHR- art 10 - 1 say?

A

-

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37
Q

ART 10 ECHR- art 10 - 2 day

A

-

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38
Q

ART 10 ECHR- art 10 - 2 day

A

-

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39
Q

⭐️Ecthr - art 10 jusriprudence - so like what?

A

So like art 19 of United Nations internal convenant on civil and political art 3

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40
Q

⭐️Ecthr - art 10 jusriprudence - so like what?

A

So like art 19 of United Nations internal convenant on civil and political art 3

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41
Q

⭐️Ecthr - art 10 jusriprudence - what does art 10 not do?

A

Art 10 does not specially provide for the protection of mf

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42
Q

⭐️Ecthr - art 10 jusriprudence - what does art 10 not do?

A

Art 10 does not specially provide for the protection of mf

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43
Q

⭐️Ecthr - art 10 jusriprudence - what about this?

A

Although art 10 1 euproean convention does not specially provide protection of mf - in distinction

To that of private undivided and non media institutions-interpret art 10, Eu ct have attached great importance to role of media

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44
Q

⭐️Ecthr - art 10 jusriprudence - what about this?

A

Although art 10 1 euproean convention does not specially provide protection of mf - in distinction

To that of private undivided and non media institutions-interpret art 10, Eu ct have attached great importance to role of media

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45
Q

⭐️Ecthr - art 10 jusriprudence - so article 10 does not spec provide for protection of mf similar to

A

Art 19 UN ICCPR and art 13- ACHR

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46
Q

⭐️Ecthr - art 10 jusriprudence - so article 10 does not spec provide for protection of mf similar to

A

Art 19 UN ICCPR and art 13- ACHR

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47
Q

⭐️Ecthr - art 10 jusriprudence -hw what do you see in ecthr interp of art 10 ?

A

Attached important of role of media see in case

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48
Q

⭐️Ecthr - art 10 jusriprudence -hw what do you see in ecthr interp of art 10 ?

A

Attached important of role of media see in case

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49
Q

⭐️Ecthr - art 10 jusriprudence - which case do u see there interp in?

A

Bladet tromso and stensaas v Norway (2000) 29 EHRR 125 [59]

Bergens tindande v Norway

Busuioc v Moldova

Jersild v Denmark

Janowski v Poland no.1

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50
Q

⭐️Ecthr - art 10 jusriprudence - which case do u see there interp in?

A

Bladet tromso and stensaas v Norway (2000) 29 EHRR 125 [59]

Bergens tindande v Norway

Busuioc v Moldova

Jersild v Denmark

Janowski v Poland no.1

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51
Q

⭐️Ecthr - art 10 jusriprudence - what about these case?

A

All cases illustrate great importance of European cr has attached role in what they animate the demonsty? Involve the concept of mf

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52
Q

⭐️Ecthr - art 10 jusriprudence - what about these case?

A

All cases illustrate great importance of European cr has attached role in what they animate the demonsty? Involve the concept of mf

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53
Q

⭐️Ecthr - art 10 jusriprudence - the important attached to media freedom by the ecthr means?

A

The media’s contribution to democracy and the process self gov and ;

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54
Q

⭐️Ecthr - art 10 jusriprudence - the important attached to media freedom by the ecthr means?

A

The media’s contribution to democracy and the process self gov and ;

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55
Q

⭐️Ecthr - art 10 jusriprudence - case in relation to previous?

A

Perna v Italy 2004

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56
Q

⭐️Ecthr - art 10 jusriprudence - case in relation to previous?

A

Perna v Italy 2004

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57
Q

⭐️Ecthr - art 10 jusriprudence - what does it also mean

A

And it’s a public watchdog role

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58
Q

⭐️Ecthr - art 10 jusriprudence - what does it also mean

A

And it’s a public watchdog role

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59
Q

⭐️Ecthr - art 10 jusriprudence - cases for Public watchdog?

A

The observer and the guardian v United Kingdom

Goodwin v United kingdom

Thorgeirson v Iceland

Bladet tromso and stensaas v norway

= clearly established

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60
Q

⭐️Ecthr - art 10 jusriprudence - cases for Public watchdog?

A

The observer and the guardian v United Kingdom

Goodwin v United kingdom

Thorgeirson v Iceland

Bladet tromso and stensaas v norway

= clearly established

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61
Q

⭐️Ecthr - art 10 jusriprudence - so accordingly the media’s contribution to democracy?

A

Dmeoncratic self governance and its role of public watchdog has been clearly established by jusris of the court,

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62
Q

⭐️Ecthr - art 10 jusriprudence - so accordingly the media’s contribution to democracy?

A

Dmeoncratic self governance and its role of public watchdog has been clearly established by jusris of the court,

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63
Q

⭐️Ecthr - art 10 jusriprudence - indeed Eu ct recognize ?

A

That dirt on media to convey info and ideas on political issues and public interest and the right of public to refugee interests his info so as said media’s contribution to democracy and process for self gov and it’s public watchdog is clearly established by jurisprudence of CT’s

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64
Q

⭐️Ecthr - art 10 jusriprudence - indeed Eu ct recognize ?

A

That dirt on media to convey info and ideas on political issues and public interest and the right of public to refugee interests his info so as said media’s contribution to democracy and process for self gov and it’s public watchdog is clearly established by jurisprudence of CT’s

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65
Q

⭐️media freedom : lex specialis- special position of media re freedom of expression recognized by?

A

So spec positiknif media in relation to fos recognizes by academic commentators such a

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66
Q

⭐️media freedom : lex specialis- special position of media re freedom of expression recognized by?

A

So spec positiknif media in relation to fos recognizes by academic commentators such a

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67
Q

⭐️media freedom : lex specialis- Who are the academic commentators

A

P. Stewart I ‘or of the press’ (1975) 26 Hastings law journal 631 633

R.p bezanson ‘ the free press guarantee’

S.r west ‘awakening the press clause’

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68
Q

Who are the academic commentators

A

P. Stewart I ‘or of the press’ (1975) 26 Hastings law journal 631 633

R.p bezanson ‘ the free press guarantee’

S.r west ‘awakening the press clause’

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69
Q

⭐️media freedom : lex specialis- What do this comment explain?

A

Explains why juris of echr interprets article 10 1 tocontain privelege protection of media, even in the absence of expressed provision to that effect

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70
Q

⭐️media freedom : lex specialis- What do this comment explain?

A

Explains why juris of echr interprets article 10 1 tocontain privelege protection of media, even in the absence of expressed provision to that effect

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71
Q

⭐️media freedom : lex specialis- so why is mf special? - what makes it so special and important?

A

Special because

Ostend “ because a journalist or media company is ‘governed by a different set of factors concerning the scope l and intensity of protection when preparing, editing or issuing a publication, compared to freedom of expression afforded to private inside or non media entities”

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72
Q

⭐️media freedom : lex specialis– so why is mf special? - what makes it so special and important?

A

Special because

Ostend “ because a journalist or media company is ‘governed by a different set of factors concerning the scope l and intensity of protection when preparing, editing or issuing a publication, compared to freedom of expression afforded to private inside or non media entities”

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73
Q

⭐️media freedom : lex specialis– thus the fact that a statement can be classed as media expressions?

A

This fact that a statement can be classed as media expressions opposed to expression by a private individ or non media isniturions adds to burden of justifying its restrictions,

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74
Q

⭐️Ecthr - art 10 jusriprudence - thus the fact that a statement can be classed as media expressions?

A

This fact that a statement can be classed as media expressions opposed to expression by a private individ or non media isniturions adds to burden of justifying its restrictions,

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75
Q

⭐️media freedom : lex specialis- so what do we have to understand?

A

That media freedom comes with comment and duties and responsibilities -

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76
Q

⭐️Ecthr - art 10 jusriprudence - so what do we have to understand?

A

That media freedom comes with comment and duties and responsibilities -

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77
Q

⭐️media freedom : lex specialis- art 10 jusriprudence - so what we gonna look for

A

3 cases that serve to illustrate media freedoms position as lex special is- freedom of expression pursuant to echr jurisprudence

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78
Q

⭐️Ecthr - art 10 jusriprudence - so what we gonna look for

A

3 cases that serve to illustrate media freedoms position as lex special is- freedom of expression pursuant to echr jurisprudence

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79
Q

⭐️media freedom : lex specialis- Peter Terence in full ?

A

J later - theory and doctrine of media freedom as a legal concept’

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80
Q

⭐️Ecthr - art 10 jusriprudence - Peter Terence in full ?

A

J later - theory and doctrine of media freedom as a legal concept’

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81
Q

⭐️media freedom : lex specialis- what is the 1st case?

A

Busuioc v Moldova 2004 and

Janowski v Poland no. 1

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81
Q

⭐️media freedom : lex specialis- what is the 1st case?

A

Busuioc v Moldova 2004 and

Janowski v Poland no. 1

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82
Q

⭐️media freedom : lex specialis-what did bus case provide?

A

Concerned a civil servant pay damages by domestic moldovan court by publishing article alleged favoritism amongst civil sergeants, the repsindnars are which was Moldova cited echr

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82
Q

⭐️media freedom : lex specialis-what did bus case provide?

A

Concerned a civil servant pay damages by domestic moldovan court by publishing article alleged favoritism amongst civil sergeants, the repsindnars are which was Moldova cited echr

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83
Q

⭐️media freedom : lex specialis- cited echr judgment in janowski?

A

Stares wuoted “ civil servants must enjoy public confidence in conditions free of bond - prevention in there are to be successful in performing their take and it they may prove encc? To protect them from offensive and abusive verbal attacks when it first -

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83
Q

⭐️media freedom : lex specialis- cited echr judgment in janowski?

A

Stares wuoted “ civil servants must enjoy public confidence in conditions free of bond - prevention in there are to be successful in performing their take and it they may prove encc? To protect them from offensive and abusive verbal attacks when it first -

84
Q

⭐️media freedom : lex specialis- he what did the echr do

A

Distinguished bus case on jonowski

84
Q

⭐️media freedom : lex specialis- he what did the echr do

A

Distinguished bus case on jonowski

85
Q

⭐️media freedom : lex specialis— what was the basis on janowski m?

A

Held that the applicant although journalist by a profession he had clearly acted as a private individ in this case - and that did not engage media freedom - where as his country b written his capacity of a journalist - light to media freedom

85
Q

⭐️media freedom : lex specialis— what was the basis on janowski m?

A

Held that the applicant although journalist by a profession he had clearly acted as a private individ in this case - and that did not engage media freedom - where as his country b written his capacity of a journalist - light to media freedom

86
Q

⭐️media freedom : lex specialis-consequently what happened in janowski?

A

European ct held that Moldovan authorities subject to more restrictive margin of appreciation when deciding wh there was a pressing social need to interfere with bus right to free speech - gonna have to come back

86
Q

⭐️media freedom : lex specialis-consequently what happened in janowski?

A

European ct held that Moldovan authorities subject to more restrictive margin of appreciation when deciding wh there was a pressing social need to interfere with bus right to free speech - gonna have to come back

87
Q

⭐️media freedom : lex specialis- case 2?

A

Wojitas - kaleta v Poland

87
Q

⭐️media freedom : lex specialis- case 2?

A

Wojitas - kaleta v Poland

88
Q

⭐️media freedom : lex specialis- What happened in case 2?

A

Applicant was a journalist employed by typ- she complained that the quality of public Tv programmes was undermined by completion from private broadcasts and that the support for classic music was insufficient

88
Q

⭐️media freedom : lex specialis- What happened in case 2?

A

Applicant was a journalist employed by typ- she complained that the quality of public Tv programmes was undermined by completion from private broadcasts and that the support for classic music was insufficient

89
Q

⭐️media freedom : lex specialis- consequently what happened in case no.2?

A

Her employer disciplined her

89
Q

⭐️media freedom : lex specialis- consequently what happened in case no.2?

A

Her employer disciplined her

90
Q

⭐️media freedom : lex specialis- what did the echr do in case 2?

A

Echr having regard to role played by journalist in society reposinbilitee to contribute to an encourage public debate , determined that the obligation of discretion in constraint, general employment law, in their words cannot be said to apply with equal forced journalists - given that it’s in their nature of their functions to impart info and ideas

90
Q

⭐️media freedom : lex specialis- what did the echr do in case 2?

A

Echr having regard to role played by journalist in society reposinbilitee to contribute to an encourage public debate , determined that the obligation of discretion in constraint, general employment law, in their words cannot be said to apply with equal forced journalists - given that it’s in their nature of their functions to impart info and ideas

91
Q

⭐️media freedom : lex specialis- what is the next case after 2?

A

Vedjeland and others v Sweden

91
Q

⭐️media freedom : lex specialis- what is the next case after 2?

A

Vedjeland and others v Sweden

92
Q

⭐️media freedom : lex specialis- what happened in case 3?

A

Applicant who not associated with media had been convicted of homophobia leaflets in sexual school - principle interveners “homosexual propaganda society”

Find google moral destructive effect on societ homo- hiv aids appeared homo- said that amongst other things - but this was main thrust

92
Q

⭐️media freedom : lex specialis- what happened in case 3?

A

Applicant who not associated with media had been convicted of homophobia leaflets in sexual school - principle interveners “homosexual propaganda society”

Find google moral destructive effect on societ homo- hiv aids appeared homo- said that amongst other things - but this was main thrust

93
Q

⭐️media freedom : lex specialis- more in case 3?

A

Said it would start debate Swedish schools

93
Q

⭐️media freedom : lex specialis- more in case 3?

A

Said it would start debate Swedish schools

94
Q

⭐️media freedom : lex specialis- what was found in case 3?

A

9th July 2005 - district cr of Bash found statements an objective discussion of homo as a group

94
Q

⭐️media freedom : lex specialis- what was found in case 3?

A

9th July 2005 - district cr of Bash found statements an objective discussion of homo as a group

95
Q

⭐️media freedom : lex specialis- what they convicted of case no.3?

A

Convicted of agitation against national ethnic groups l- echr held convictions but in doing that they observed the following

95
Q

⭐️media freedom : lex specialis- what they convicted of case no.3?

A

Convicted of agitation against national ethnic groups l- echr held convictions but in doing that they observed the following

96
Q

⭐️media freedom : lex specialis- what did they observe?

A

If exactly same morals and phrases used in public newspapers probably not considered matter of criminal prosecution

96
Q

⭐️media freedom : lex specialis- what did they observe?

A

If exactly same morals and phrases used in public newspapers probably not considered matter of criminal prosecution

97
Q

⭐️media freedom : lex specialis- what was the reason for that case 3?

A

Due to protection afforded to media enhanced right of media freedom -

97
Q

⭐️media freedom : lex specialis- what was the reason for that case 3?

A

Due to protection afforded to media enhanced right of media freedom -

98
Q

⭐️media freedom : lex specialis- so in all what did they do?

A

Demonstrate disnriftion btw protection afforded to individ to right of freedom expression and the enhanced protection media actors right to media freedom

98
Q

⭐️media freedom : lex specialis- so in all what did they do?

A

Demonstrate disnriftion btw protection afforded to individ to right of freedom expression and the enhanced protection media actors right to media freedom

99
Q

⭐️media freedom : lex specialis- what about vedjeland

A

GOOD CASE

99
Q

⭐️media freedom : lex specialis- what about vedjeland

A

GOOD CASE

100
Q

📒- vejdeland and others v Sweden - what does ved tell us about mf ?

A

Special protection to media expression permits use of wide discretion - as to methods and techniques to report on matters and how that material is subsequently presented

  • permits the use of wide discretion: reporting and presentation
100
Q

📒- vejdeland and others v Sweden - what does ved tell us about mf ?

A

Special protection to media expression permits use of wide discretion - as to methods and techniques to report on matters and how that material is subsequently presented

  • permits the use of wide discretion: reporting and presentation
101
Q

📒- vejdeland and others v Sweden - cases for permits point?

A

Jersild v Denmark / bladet tromso and stensaas v norway - bergens tindande v Norway

101
Q

📒- vejdeland and others v Sweden - cases for permits point?

A

Jersild v Denmark / bladet tromso and stensaas v norway - bergens tindande v Norway

102
Q

📒- vejdeland and others v Sweden - another point of what this case tells us about mf ?

A

Allows the media to have recourse for exaggeration e.g strong terminology

Allows exaggeration and provaction ( to an extent)

102
Q

📒- vejdeland and others v Sweden - another point of what this case tells us about mf ?

A

Allows the media to have recourse for exaggeration e.g strong terminology

Allows exaggeration and provaction ( to an extent)

103
Q

📒- vejdeland and others v Sweden - cases for allow exaggeration?

A

Prager and oberschilick v austria

Thoma v luxembourg

103
Q

📒- vejdeland and others v Sweden - cases for allow exaggeration?

A

Prager and oberschilick v austria

Thoma v luxembourg

104
Q

📒- vejdeland and others v Sweden - point 3 for ved tell us about mf?

A

E.g including use or strong terminology / polemic formulations

104
Q

📒- vejdeland and others v Sweden - point 3 for ved tell us about mf?

A

E.g including use or strong terminology / polemic formulations

105
Q

📒- vejdeland and others v Sweden - cases for strong term?

A

Thorgier thorgienson v Iceland

Oberschiik v Austria

105
Q

📒- vejdeland and others v Sweden - cases for strong term?

A

Thorgier thorgienson v Iceland

Oberschiik v Austria

106
Q

📒- vejdeland and others v Sweden - final statement for this case mf point?

A

Next week lec - protection extends beyond dissemination the journalists to media organizations own opinions, to also encapsulate those opinions expressed by 3rd parties context for e.g interviews

  • protection statements made by 3rd parties
106
Q

📒- vejdeland and others v Sweden - final statement for this case mf point?

A

Next week lec - protection extends beyond dissemination the journalists to media organizations own opinions, to also encapsulate those opinions expressed by 3rd parties context for e.g interviews

  • protection statements made by 3rd parties
107
Q

📒- vejdeland and others v Sweden - case for last point?

A

Jersild v Denmark

107
Q

📒- vejdeland and others v Sweden - case for last point?

A

Jersild v Denmark

108
Q

Media freedom under art 10: positive and defensive protection? - outlet of media freedom isn’t just ?

A

Outlet mf isn’t just limited to stronger protection media speech, is read it extends to rights that are not in anyway avail pursuant to freedom of expression and guarantees

108
Q

Media freedom under art 10: positive and defensive protection? - outlet of media freedom isn’t just ?

A

Outlet mf isn’t just limited to stronger protection media speech, is read it extends to rights that are not in anyway avail pursuant to freedom of expression and guarantees

109
Q

Media freedom under art 10: positive and defensive protection? - consequently to this

A

Consequently discuss in next week elf, mf and freedom of expression differ in relation to intensity of protection and in respect of scope of the protected action

109
Q

Media freedom under art 10: positive and defensive protection? - consequently to this

A

Consequently discuss in next week elf, mf and freedom of expression differ in relation to intensity of protection and in respect of scope of the protected action

110
Q

Media freedom under art 10: positive and defensive protection? - what does this position equate to

A

Position equates to institutional protection media that, consequrntaill guarantees rights that are not exlcusivly concerned with expression, it also relates to media news gathering editorial activists or even existence of independent media

110
Q

Media freedom under art 10: positive and defensive protection? - what does this position equate to

A

Position equates to institutional protection media that, consequrntaill guarantees rights that are not exlcusivly concerned with expression, it also relates to media news gathering editorial activists or even existence of independent media

111
Q

Media freedom under art 10: positive and defensive protection? - when will we look at this isnittuional protection for?

A

Look at institutional protection for media more detail next week he yanosta catgeorieses this isnituional perfection for media enities by right to media freedom as being both defensive in that in poredts media against interference - state action and also positive as it entitles media to state protection

111
Q

Media freedom under art 10: positive and defensive protection? - when will we look at this isnittuional protection for?

A

Look at institutional protection for media more detail next week he yanosta catgeorieses this isnituional perfection for media enities by right to media freedom as being both defensive in that in poredts media against interference - state action and also positive as it entitles media to state protection

112
Q

Media freedom under art 10 - defensive protection - 1st case?

A

Halis Doran and others v turkey app

112
Q

Media freedom under art 10 - defensive protection - 1st case?

A

Halis Doran and others v turkey app

113
Q

What did ct hold in 1st case?

A

Held that mf - includes protection of newspaper distribution in fastry

113
Q

What did ct hold in 1st case?

A

Held that mf - includes protection of newspaper distribution in fastry

114
Q

Media freedom under art 10 - defensive protection - what is 2 Nd case

A

Gsell v Switzerland - involved restricts to road access to world economic fraud in Davis - consequently ct recognizes the existence of protection against state measures could hinder upon Excercise of journalist profession

114
Q

Media freedom under art 10 - defensive protection - what is 2 Nd case

A

Gsell v Switzerland - involved restricts to road access to world economic fraud in Davis - consequently ct recognizes the existence of protection against state measures could hinder upon Excercise of journalist profession

115
Q

Media freedom under art 10 - defensive protection - 3rd case?

A

Goodwin v United Kingdom

115
Q

Media freedom under art 10 - defensive protection - 3rd case?

A

Goodwin v United Kingdom

116
Q

Media freedom under art 10 - defensive protection - What was held in Goodwin?

A

Also held journalists cannot he made to evidence concern in confidential info or sources even if obtain legally

116
Q

Media freedom under art 10 - defensive protection - What was held in Goodwin?

A

Also held journalists cannot he made to evidence concern in confidential info or sources even if obtain legally

117
Q

Media freedom under art 10 - defensive protection - Cases connected to good win

A
  • radio twist as v Slovakia

Sanoma utigevers bv v Netherlands

117
Q

Media freedom under art 10 - defensive protection - Cases connected to good win

A
  • radio twist as v Slovakia

Sanoma utigevers bv v Netherlands

118
Q

Media freedom under art 10 - defensive protection - next point?

A

Data protection provisions

118
Q

Media freedom under art 10 - defensive protection - next point?

A

Data protection provisions

119
Q

Media freedom under art 10 - defensive protection -more info on data protection provisions?

A

The media also expect certain data protection and copyright provision so for e.g if u look at s.32

119
Q

Media freedom under art 10 - defensive protection -more info on data protection provisions?

A

The media also expect certain data protection and copyright provision so for e.g if u look at s.32

120
Q

Media freedom under art 10 - defensive protection - what about a.32?

A

S.32 data protection act 1998- large extent been imported into general data protection regulation by art 85, and also new date protoefrion bill? Pursuant to para 24 sched 2

120
Q

Media freedom under art 10 - defensive protection - what about a.32?

A

S.32 data protection act 1998- large extent been imported into general data protection regulation by art 85, and also new date protoefrion bill? Pursuant to para 24 sched 2

121
Q

Media freedom under art 10 - defensive protection -what does s 32 provide?

A

Provide a journalist expedition- to the provision under data protection act so if journalist bc etc can demonstrate that complying act b incompatible with journalism then don’t have to comply with at so it proves media judge protection partic at moment bc ..

121
Q

Media freedom under art 10 - defensive protection -what does s 32 provide?

A

Provide a journalist expedition- to the provision under data protection act so if journalist bc etc can demonstrate that complying act b incompatible with journalism then don’t have to comply with at so it proves media judge protection partic at moment bc ..

122
Q

Media freedom under art 10 - defensive protection - new s1 proclaim ?

A

Demonstratee serious harm in the ichrlaor claimant she fed?????

All wrong data protection act way in so s.32 provides very useful protection of media in that regard- gonna have to research

122
Q

Media freedom under art 10 - defensive protection - new s1 proclaim ?

A

Demonstratee serious harm in the ichrlaor claimant she fed?????

All wrong data protection act way in so s.32 provides very useful protection of media in that regard- gonna have to research

123
Q

Media freedom under art 10: positive protection - states are required to protect - 4 things?

A

The media through safeguarding media pluralism

Journalists from acts of violence in the course of their work

And from undue influence by financially powerful groups or

The gov

123
Q

Media freedom under art 10: positive protection - states are required to protect - 4 things?

A

The media through safeguarding media pluralism

Journalists from acts of violence in the course of their work

And from undue influence by financially powerful groups or

The gov

124
Q

Media freedom under art 10: positive protection - cases for 1st pint?

A

Informationsverein lentia and others v Austria

Tv vest & rogoland pensjonistparti v Norway

124
Q

Media freedom under art 10: positive protection - cases for 1st pint?

A

Informationsverein lentia and others v Austria

Tv vest & rogoland pensjonistparti v Norway

125
Q

Media freedom under art 10: positive protection - case for point 2?

A

Ozgur gundem v turkey

125
Q

Media freedom under art 10: positive protection - case for point 2?

A

Ozgur gundem v turkey

126
Q

Media freedom under art 10: positive protection - case for point 3

A

Article 21 4 2 - ec merger regulation/ part 4 chapter 2 communications act 2003 cj 21

126
Q

Media freedom under art 10: positive protection - case for point 3

A

Article 21 4 2 - ec merger regulation/ part 4 chapter 2 communications act 2003 cj 21

127
Q

Media freedom under art 10: positive protection - cAses for point 4?

A

Manoel v moldova

Centre europa & di stefana v Italy app

127
Q

Media freedom under art 10: positive protection - cAses for point 4?

A

Manoel v moldova

Centre europa & di stefana v Italy app

128
Q

Activity - to do

A

Sum up the ecthrs position in respect of the concept of mf

128
Q

Activity - to do

A

Sum up the ecthrs position in respect of the concept of mf

129
Q

What about the us position - what to do?

A

Look at us position

Us view is very much worth consid at this junction as it provides useful apparels with Eu ur position - that animates debate on how media is defined and how CT’s can determine who or what should been fit right to mf

129
Q

What about the us position - what to do?

A

Look at us position

Us view is very much worth consid at this junction as it provides useful apparels with Eu ur position - that animates debate on how media is defined and how CT’s can determine who or what should been fit right to mf

130
Q

⭐️Or of the press -what about us position

A

Marked differently to ecthr- despite leading commentators and dissenting arg specific free press clause or of the press..
creates similar distinction to that provided by chart of fundamental rights of Eu

German basic law and juris echr this has been imposed by academics such as volokh very important - come back

And also been resisted by Supreme Court

130
Q

⭐️Or of the press -what about us position

A

Marked differently to ecthr- despite leading commentators and dissenting arg specific free press clause or of the press..
creates similar distinction to that provided by chart of fundamental rights of Eu

German basic law and juris echr this has been imposed by academics such as volokh very important - come back

And also been resisted by Supreme Court

131
Q

⭐️Or of the press - points of this

A

Arguments that or of the press clause creates a ecthr type disticnition

131
Q

⭐️Or of the press - points of this

A

Arguments that or of the press clause creates a ecthr type disticnition

132
Q

⭐️Or of the press - what about 2nd point leading commentators

A

See further reading list

132
Q

⭐️Or of the press - what about 2nd point leading commentators

A

See further reading list

133
Q

⭐️Or of the press - 3rd point?

A

Dissenting Supreme Court judgements

  • Stevens j in citizens united v fec
  • powell j in saxbe v wash post
  • douglas j branazburg v Hayes
133
Q

⭐️Or of the press - 3rd point?

A

Dissenting Supreme Court judgements

  • Stevens j in citizens united v fec
  • powell j in saxbe v wash post
  • douglas j branazburg v Hayes
134
Q

⭐️Or of the press - 4th point

A

Opposed by other academic e.g volokh expand from reading list

134
Q

⭐️Or of the press - 4th point

A

Opposed by other academic e.g volokh expand from reading list

135
Q

⭐️Or of the press - point 5?

A

Resisted by Supreme Court - see Citizens United v fec

135
Q

⭐️Or of the press - point 5?

A

Resisted by Supreme Court - see Citizens United v fec

136
Q

⭐️ press as technology model - what about this

A

Do extra research could be examine q- seminar q desire in seminar

136
Q

⭐️ press as technology model - what about this

A

Do extra research could be examine q- seminar q desire in seminar

137
Q

⭐️Press as technology model - what is meant m?

A

Dominant fire in the us= based on p a t model

137
Q

⭐️Press as technology model - what is meant m?

A

Dominant fire in the us= based on p a t model

138
Q

⭐️Press as technology model - point 2?

A

Roots in English common law

138
Q

⭐️Press as technology model - point 2?

A

Roots in English common law

139
Q

⭐️Press as technology model - roots in English common law cases?

A

R v Shipley ( dean of saint asaphs case)

R v rowan

R v burdett

139
Q

⭐️Press as technology model - roots in English common law cases?

A

R v Shipley ( dean of saint asaphs case)

R v rowan

R v burdett

140
Q

⭐️Press as technology model - 3rd point?

A

Based on premise that media f should not be subject to privileges or duties over and above freedom of expression - see Lange,astyne, Lewis and Baker - further reading list

140
Q

⭐️Press as technology model - 3rd point?

A

Based on premise that media f should not be subject to privileges or duties over and above freedom of expression - see Lange,astyne, Lewis and Baker - further reading list

141
Q

⭐️Press as technology model - point 4?

A

Volokh: freedom of press = technological

Means avail to all forms of commo

His views covers everything in vo assess f o press not only pres industry but securs

(Point 5; available to all forms of communication)- r.p bezanson ‘whither freedom of the press?’

141
Q

⭐️Press as technology model - point 4?

A

Volokh: freedom of press = technological

Means avail to all forms of commo

His views covers everything in vo assess f o press not only pres industry but securs

(Point 5; available to all forms of communication)- r.p bezanson ‘whither freedom of the press?’

142
Q

⭐️Press as technology model - point 6? What

A

Extends to all media actors, regardless of medium - for , legal studies - extends to not only traditional media on social but also to untrend citizen journal who can communicate fb insta twitter and utube

142
Q

⭐️Press as technology model - point 6? What

A

Extends to all media actors, regardless of medium - for , legal studies - extends to not only traditional media on social but also to untrend citizen journal who can communicate fb insta twitter and utube

143
Q

⭐️Press as technology model a point 7?

A

Origintist interp prevalent in us jurisprudenfen and scholarship historically and currently

Despite the Supreme Court reconsiders that press operates a powerful antidote to any abuses of power by gov officials in contours to reject institutional press any const privelege over and other speakers

143
Q

⭐️Press as technology model a point 7?

A

Origintist interp prevalent in us jurisprudenfen and scholarship historically and currently

Despite the Supreme Court reconsiders that press operates a powerful antidote to any abuses of power by gov officials in contours to reject institutional press any const privelege over and other speakers

144
Q

⭐️Press as technology model - cases for 1st point?

A

Republics v Oswald

Commonwealth v freeman - herald df freedom

In re fries

Rumble b Meyer

144
Q

⭐️Press as technology model - cases for 1st point?

A

Republics v Oswald

Commonwealth v freeman - herald df freedom

In re fries

Rumble b Meyer

145
Q

⭐️Press as technology model - point 8 ?

A

Mills v alambama ; estes v Texas: press operates as a powerful antidote to any abuses of power by gov officials

  • sc continues to reject argument that isnituinak media has any cknsktutuak privilege - look at case later
145
Q

⭐️Press as technology model - point 8 ?

A

Mills v alambama ; estes v Texas: press operates as a powerful antidote to any abuses of power by gov officials

  • sc continues to reject argument that isnituinak media has any cknsktutuak privilege - look at case later
146
Q

⭐️Press as technology model - point 9?

A

Citizens united v fec

Not immune to criticism and opposing views see later lec

Been number of diff judgments dissenting judge from us supreme ct also in citizen united gonna have to research - also been number of us scholars oooosed int incl Justice- st owstrjxt and west - out this in reading list
Read articles yourself

146
Q

⭐️Press as technology model - point 9?

A

Citizens united v fec

Not immune to criticism and opposing views see later lec

Been number of diff judgments dissenting judge from us supreme ct also in citizen united gonna have to research - also been number of us scholars oooosed int incl Justice- st owstrjxt and west - out this in reading list
Read articles yourself

147
Q

⭐️Press as technology model - so in all what do have tot honk about?

A

Have a think through positions if echr and us differ in respect media freedom links up good togs in seminar

147
Q

⭐️Press as technology model - so in all what do have tot honk about?

A

Have a think through positions if echr and us differ in respect media freedom links up good togs in seminar

Free Speech (9 decks)

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