Free Speech 3- Unpacking Media Freedom Part 1

Question 0

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

Answer 0

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

Question 1

What is the 1st lec about?

Answer 1

Media freedom

Question 2

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

Answer 2

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

Question 3

Special protection for media points?

Answer 3

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

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

Question 4

Special protection for media points?

Answer 4

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

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

Question 5

Special protection for the media examples? 1

Answer 5

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

Question 6

Special protection for the media examples? 1

Answer 6

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

Question 7

Special protection for the media examples? 2

Answer 7

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

Question 8

Special protection for the media examples? 2

Answer 8

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

Question 9

What can u also see about examples ?

Answer 9

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

Question 10

What can u also see about examples ?

Answer 10

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

Question 11

Special protection for the media examples? 3

Answer 11

Italian const - art 2 (5) (1)

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

Question 12

Special protection for the media examples? 3

Answer 12

Italian const - art 2 (5) (1)

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

So what about the US What s the position here

Answer 15

Look on next slide

Question 16

So what about the US What s the position here

Answer 16

Look on next slide

Question 17

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

Answer 17

“ 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”

Question 18

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

Answer 18

“ 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”

Question 19

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

Answer 19

Abriding freedom of press - free press clause -

Question 20

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

Answer 20

Abriding freedom of press - free press clause -

Question 21

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

Answer 21

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

Question 22

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

Answer 22

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

Question 23

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

Answer 23

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

Question 24

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

Answer 24

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

Question 25

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

Answer 25

Compare it with the juris of Eu ct rights You’ll see although it has specific free press not as simple as that

Question 26

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

Answer 26

Compare it with the juris of Eu ct rights You’ll see although it has specific free press not as simple as that

Question 27

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

Answer 27

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

Question 28

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

Answer 28

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

Question 29

ART 10 ECHR- also provide for?

Answer 29

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

Question 30

ART 10 ECHR- also provide for?

Answer 30

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

Question 31

ART 10 ECHR- what did this enhance?

Answer 31

Enhance right of media freedom

Question 32

ART 10 ECHR- what did this enhance?

Answer 32

Enhance right of media freedom

Question 33

ART 10 ECHR- what does the same apply to

Answer 33

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

Question 34

ART 10 ECHR- what does the same apply to

Answer 34

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

Question 35

ART 10 ECHR- art 10 - 1 say?

Answer 35

-

Question 36

ART 10 ECHR- art 10 - 1 say?

Answer 36

-

Question 37

ART 10 ECHR- art 10 - 2 day

Answer 37

-

Question 38

ART 10 ECHR- art 10 - 2 day

Answer 38

-

Question 39

⭐️Ecthr - art 10 jusriprudence - so like what?

Answer 39

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

Question 40

⭐️Ecthr - art 10 jusriprudence - so like what?

Answer 40

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

Question 41

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

Answer 41

Art 10 does not specially provide for the protection of mf

Question 42

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

Answer 42

Art 10 does not specially provide for the protection of mf

Question 43

⭐️Ecthr - art 10 jusriprudence - what about this?

Answer 43

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

Question 44

⭐️Ecthr - art 10 jusriprudence - what about this?

Answer 44

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

Question 45

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

Answer 45

Art 19 UN ICCPR and art 13- ACHR

Question 46

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

Answer 46

Art 19 UN ICCPR and art 13- ACHR

Question 47

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

Answer 47

Attached important of role of media see in case

Question 48

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

Answer 48

Attached important of role of media see in case

Question 49

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

Answer 49

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

Question 50

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

Answer 50

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

Question 51

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

Answer 51

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

Question 52

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

Answer 52

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

Question 53

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

Answer 53

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

Question 54

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

Answer 54

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

Question 55

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

Answer 55

Perna v Italy 2004

Question 56

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

Answer 56

Perna v Italy 2004

Question 57

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

Answer 57

And it’s a public watchdog role

Question 58

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

Answer 58

And it’s a public watchdog role

Question 59

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

Answer 59

The observer and the guardian v United Kingdom Goodwin v United kingdom Thorgeirson v Iceland Bladet tromso and stensaas v norway = clearly established

Question 60

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

Answer 60

The observer and the guardian v United Kingdom Goodwin v United kingdom Thorgeirson v Iceland Bladet tromso and stensaas v norway = clearly established

Question 61

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

Answer 61

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

Question 62

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

Answer 62

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

Question 63

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

Answer 63

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

Question 64

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

Answer 64

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

Question 65

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

Answer 65

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

Question 66

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

Answer 66

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

Question 67

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

Answer 67

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’

Question 68

Who are the academic commentators

Answer 68

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’

Question 69

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

Answer 69

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

Question 70

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

Answer 70

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

Question 71

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

Answer 71

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”

Question 72

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

Answer 72

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”

Question 73

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

Answer 73

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,

Question 74

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

Answer 74

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,

Question 75

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

Answer 75

That media freedom comes with comment and duties and responsibilities -

Question 76

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

Answer 76

That media freedom comes with comment and duties and responsibilities -

Question 77

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

Answer 77

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

Question 78

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

Answer 78

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

Question 79

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

Answer 79

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

Question 80

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

Answer 80

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

Question 81

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

Answer 81

Busuioc v Moldova 2004 and | Janowski v Poland no. 1

Question 81

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

Answer 81

Busuioc v Moldova 2004 and | Janowski v Poland no. 1

Question 82

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

Answer 82

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

Question 82

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

Answer 82

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

Question 83

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

Answer 83

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 -

Question 83

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

Answer 83

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 -

Question 84

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

Answer 84

Distinguished bus case on jonowski

Question 84

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

Answer 84

Distinguished bus case on jonowski

Question 85

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

Answer 85

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

Question 85

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

Answer 85

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

Question 86

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

Answer 86

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

Question 86

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

Answer 86

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

Question 87

⭐️media freedom : lex specialis- case 2?

Answer 87

Wojitas - kaleta v Poland

Question 87

⭐️media freedom : lex specialis- case 2?

Answer 87

Wojitas - kaleta v Poland

Question 88

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

Answer 88

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

Question 88

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

Answer 88

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

Question 89

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

Answer 89

Her employer disciplined her

Question 89

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

Answer 89

Her employer disciplined her

Question 90

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

Answer 90

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

Question 90

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

Answer 90

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

Question 91

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

Answer 91

Vedjeland and others v Sweden

Question 91

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

Answer 91

Vedjeland and others v Sweden

Question 92

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

Answer 92

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

Question 92

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

Answer 92

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

Question 93

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

Answer 93

Said it would start debate Swedish schools

Question 93

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

Answer 93

Said it would start debate Swedish schools

Question 94

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

Answer 94

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

Question 94

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

Answer 94

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

Question 95

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

Answer 95

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

Question 95

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

Answer 95

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

Question 96

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

Answer 96

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

Question 96

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

Answer 96

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

Question 97

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

Answer 97

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

Question 97

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

Answer 97

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

Question 98

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

Answer 98

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

Question 98

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

Answer 98

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

Question 99

⭐️media freedom : lex specialis- what about vedjeland

Answer 99

GOOD CASE

Question 99

⭐️media freedom : lex specialis- what about vedjeland

Answer 99

GOOD CASE

Question 100

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

Answer 100

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

Question 100

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

Answer 100

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

Question 101

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

Answer 101

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

Question 101

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

Answer 101

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

Question 102

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

Answer 102

Allows the media to have recourse for exaggeration e.g strong terminology Allows exaggeration and provaction ( to an extent)

Question 102

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

Answer 102

Allows the media to have recourse for exaggeration e.g strong terminology Allows exaggeration and provaction ( to an extent)

Question 103

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

Answer 103

Prager and oberschilick v austria Thoma v luxembourg

Question 103

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

Answer 103

Prager and oberschilick v austria Thoma v luxembourg

Question 104

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

Answer 104

E.g including use or strong terminology / polemic formulations

Question 104

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

Answer 104

E.g including use or strong terminology / polemic formulations

Question 105

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

Answer 105

Thorgier thorgienson v Iceland Oberschiik v Austria

Question 105

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

Answer 105

Thorgier thorgienson v Iceland Oberschiik v Austria

Question 106

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

Answer 106

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

Question 106

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

Answer 106

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

Question 107

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

Answer 107

Jersild v Denmark

Question 107

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

Answer 107

Jersild v Denmark

Question 108

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

Answer 108

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

Question 108

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

Answer 108

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

Question 109

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

Answer 109

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

Question 109

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

Answer 109

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

Question 110

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

Answer 110

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

Question 110

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

Answer 110

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

Question 111

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

Answer 111

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

Question 111

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

Answer 111

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

Question 112

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

Answer 112

Halis Doran and others v turkey app

Question 112

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

Answer 112

Halis Doran and others v turkey app

Question 113

What did ct hold in 1st case?

Answer 113

Held that mf - includes protection of newspaper distribution in fastry

Question 113

What did ct hold in 1st case?

Answer 113

Held that mf - includes protection of newspaper distribution in fastry

Question 114

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

Answer 114

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

Question 114

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

Answer 114

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

Question 115

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

Answer 115

Goodwin v United Kingdom

Question 115

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

Answer 115

Goodwin v United Kingdom

Question 116

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

Answer 116

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

Question 116

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

Answer 116

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

Question 117

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

Answer 117

- radio twist as v Slovakia Sanoma utigevers bv v Netherlands

Question 117

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

Answer 117

- radio twist as v Slovakia Sanoma utigevers bv v Netherlands

Question 118

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

Answer 118

Data protection provisions

Question 118

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

Answer 118

Data protection provisions

Question 119

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

Answer 119

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

Question 119

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

Answer 119

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

Question 120

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

Answer 120

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

Question 120

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

Answer 120

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

Question 121

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

Answer 121

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 ..

Question 121

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

Answer 121

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 ..

Question 122

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

Answer 122

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

Question 122

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

Answer 122

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

Question 123

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

Answer 123

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

Question 123

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

Answer 123

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

Question 124

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

Answer 124

Informationsverein lentia and others v Austria Tv vest & rogoland pensjonistparti v Norway

Question 124

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

Answer 124

Informationsverein lentia and others v Austria Tv vest & rogoland pensjonistparti v Norway

Question 125

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

Answer 125

Ozgur gundem v turkey

Question 125

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

Answer 125

Ozgur gundem v turkey

Question 126

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

Answer 126

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

Question 126

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

Answer 126

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

Question 127

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

Answer 127

Manoel v moldova Centre europa & di stefana v Italy app

Question 127

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

Answer 127

Manoel v moldova Centre europa & di stefana v Italy app

Question 128

Activity - to do

Answer 128

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

Question 128

Activity - to do

Answer 128

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

Question 129

What about the us position - what to do?

Answer 129

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

Question 129

What about the us position - what to do?

Answer 129

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

Question 130

⭐️Or of the press -what about us position

Answer 130

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

Question 130

⭐️Or of the press -what about us position

Answer 130

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

Question 131

⭐️Or of the press - points of this

Answer 131

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

Question 131

⭐️Or of the press - points of this

Answer 131

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

Question 132

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

Answer 132

See further reading list

Question 132

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

Answer 132

See further reading list

Question 133

⭐️Or of the press - 3rd point?

Answer 133

Dissenting Supreme Court judgements - Stevens j in citizens united v fec - powell j in saxbe v wash post - douglas j branazburg v Hayes

Question 133

⭐️Or of the press - 3rd point?

Answer 133

Dissenting Supreme Court judgements - Stevens j in citizens united v fec - powell j in saxbe v wash post - douglas j branazburg v Hayes

Question 134

⭐️Or of the press - 4th point

Answer 134

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

Question 134

⭐️Or of the press - 4th point

Answer 134

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

Question 135

⭐️Or of the press - point 5?

Answer 135

Resisted by Supreme Court - see Citizens United v fec

Question 135

⭐️Or of the press - point 5?

Answer 135

Resisted by Supreme Court - see Citizens United v fec

Question 136

⭐️ press as technology model - what about this

Answer 136

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

Question 136

⭐️ press as technology model - what about this

Answer 136

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

Question 137

⭐️Press as technology model - what is meant m?

Answer 137

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

Question 137

⭐️Press as technology model - what is meant m?

Answer 137

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

Question 138

⭐️Press as technology model - point 2?

Answer 138

Roots in English common law

Question 138

⭐️Press as technology model - point 2?

Answer 138

Roots in English common law

Question 139

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

Answer 139

R v Shipley ( dean of saint asaphs case) R v rowan R v burdett

Question 139

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

Answer 139

R v Shipley ( dean of saint asaphs case) R v rowan R v burdett

Question 140

⭐️Press as technology model - 3rd point?

Answer 140

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

Question 140

⭐️Press as technology model - 3rd point?

Answer 140

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

Question 141

⭐️Press as technology model - point 4?

Answer 141

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?’

Question 141

⭐️Press as technology model - point 4?

Answer 141

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?’

Question 142

⭐️Press as technology model - point 6? What

Answer 142

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

Question 142

⭐️Press as technology model - point 6? What

Answer 142

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

Question 143

⭐️Press as technology model a point 7?

Answer 143

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

Question 143

⭐️Press as technology model a point 7?

Answer 143

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

Question 144

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

Answer 144

Republics v Oswald Commonwealth v freeman - herald df freedom In re fries Rumble b Meyer

Question 144

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

Answer 144

Republics v Oswald Commonwealth v freeman - herald df freedom In re fries Rumble b Meyer

Question 145

⭐️Press as technology model - point 8 ?

Answer 145

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

Question 145

⭐️Press as technology model - point 8 ?

Answer 145

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

Question 146

⭐️Press as technology model - point 9?

Answer 146

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

Question 146

⭐️Press as technology model - point 9?

Answer 146

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

Question 147

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

Answer 147

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

Question 147

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

Answer 147

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