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Free Speech 5- Normative paradigm Flashcards

1
Q

Free speech and normative paradigms - intro?

A

Normative paradigms that underpin free speech
Lot to take in
Also extensive reading list
- Styff onlivertism and social respons that udneprin free speech

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2
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - what did fb do?

A

Fb in late 2016 mark zuck said number occasin fb is there simply to distrib content created by users-
do this using an impersonal and objective lgirtihm-

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3
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - his new fb platform what?

A

his few fb is platform for others to disseminate speech- nothing more than that – said fb certainly not gonna be sensor or arbitor for truth –

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4
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - actually those what?

A

actually those sor of principles wha fb or any other social networking sites
Says when mark – wanted all info avail all ppl all times= no secrets- so that was in line ration of setting up fb

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5
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - what will we become clear to ?

A

Now as we become clear uirng lect the underline princip in amrk zuck statement are aline to libterism-

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6
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - now from angular american perspective?

A

now from angular American perspetic,libetian theory and the arguments advanced by propenents of it such as john Milton john urstine john st mill Thomas jeffrson and justice oliver Wendell holmes have served support the traditional notion of eprfoemed estate/ that in us libertism was made ane explicit and foundational tenant of democracy and it in fact enshrined within first ammedment us consittuiona-

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7
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - pursant to which congress what?

A

prusant tow hcihc ognress should make no alw abridign freedom of spepch or prs- so within cosnttionals atement is enshrined lib-

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8
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - central influence of lib free speech?

A

now as well se central to infleune of lib free specch has ben miltons self writing process –this just intro –

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9
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - miltons arg from truth?

A

miltons arg from truth alrey looked at and in partic justice holemes market place of ideas theory, whicha s know laid down in case of abrhamas us-

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10
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - those 3 arg?

A

those 3 arg self writing process , argument from turht, market palce of dieaas all central to libtetism, 3 arg-

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11
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech?- what will we see as discussed in lec 2?

A

now as we discussed in 2nd lec and as well see again in this, the market place of ideas theoy encapsulates john miltons self writng process as its based on premise that truth or best ideas .. As they wil nautrall emerge form competion of ideas in markert place. So on that point according to

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12
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - what e barendt say?

A

Eric barend- 1 of elading fs scholars in world- said this. – about makret place of ideas – r.aw .

E. Barendt, ‘The First Amendment and the Media’ in I. Loveland (ed), Importing the First Amendment: Freedom of Speech and Expression in Britain, Europe and the USA, (Hart Publishing, 1998), 29-50, 43.

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13
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - in context of online?

A

In context of online internent social media speech-s cholars such as dulberg state that the internet and other worn line expression social media expr have providd perfect environ for libertism and specifically market place of ideas theory to flourish.

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14
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - acorrding to who?

A

And according to dul ebrg it provides a space for info exhnage an dindivi decision making free of burocarcy, admin power and other restriction of real space.

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15
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech?- as a result what?

A

As a result scholars such as vice have recognisd that alibertism ahs become defacto communication theory the internet and for social media speech within western democracies. Not all democracies.

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16
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - lib has what?

A

Lib ahs become defacto communication theory for online sppech.a dn according to vice this is bc cyber space is founded on the primacy of indiv liberty.

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17
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - and consequently what?

A

And conseuqntly there now exists a normative assumption that all nation states should adopt a libterism oritentiaon toward their oversite of nedw media. Sot his just way of intor.

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18
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - introducing whaT?

A

Introducing current landscapr wer in so essentially market place ideas theory is dominate theory certainly within us jrusiprence.

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19
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - moi theory is what?

A

And moi theory is indicitavte of libertism – it is libetain concept. Equally libertism come dfeacto comm theory for online sppecch bc way itn and social media allow us to comm free of usually constraints, burocry, free from regulation to an extent.- thatsthe landscapr

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20
Q

Introduction: Libertarianism - the de facto normative paradigm for free speech? - cases for moi theory?

A

L. Dahlberg, ‘Cyber-libertarianism 2.0: A Discourse Theory/Critical Political Economy Examination’ Cultural Politics (2010) 6(3), 331-356.
D. Weiss, ‘Journalism and Theories of the Press’ in S. Littlejohn and K. Foss (eds), Encyclopedia of Communication Theory Volume 2, (Sage, 2009), 574-579.

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21
Q

The meaning and origins of libertarianism - meaning of this theory?

A

Meaning of lib- what it is and history

Understanding history= undertdand concept

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22
Q

The meaning and origins of libertarianism - liberalism v libte?

A

Liberalism v Libertarianism?
Now first distin liber and libetanism- distin is a fine one- very often lot of authors use both interhcnagbly= confusing . There is a diff but fine one. Lib has bene described as a tendeny of liberlsim –

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23
Q

The meaning and origins of libertarianism - difference btw 2 is?

A

Difference btw 2 is – liberalism – gov are responsile for guaranteeing individ freedom as a rsuslt it ress on twin claims that any governmental intrusion on individ freedoms such as free speech must be based on reasona nd rational jsutifications, that serve to protect or further those righrs.

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24
Q

The meaning and origins of libertarianism - so other words what?

A

So other words under lvo- lib accepts that gov has a role to play and it can actually intrude on those rights, so long doing that to protect them.

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25
Q

The meaning and origins of libertarianism - on the other hand what?

A

On the other hand lib, determines that individ freedom should be tbtained with as little or no gov involvement as poss. So in true libertain environ, gov not involved at all, in for

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26
Q

The meaning and origins of libertarianism - e.g free speech?

A

e.g free speech,t here would be no involvement by gov, no involvement by sate, theres nor egulation. Good expl.

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27
Q

The meaning and origins of libertarianism - liv was born opp to autho?

A

So livism was born ad opposition to authotism- sAUTH – still very much active in authorn states e.g north kroea Russia china some south American countries.

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28
Q

The meaning and origins of libertarianism - it was born out of what?

A

It was born out of opposition to authortism – auth theory palces all forms of comm under the control of th governing elite or the authorities.

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29
Q

The meaning and origins of libertarianism - now authorians justified control?

A

Now all authirans justified this control of communication and the theories req to acquist to those in power on basis that this control was necc to protect and presver a divinly ordained social order. Goin back her 100 yrs

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30
Q

The meaning and origins of libertarianism - so in most countries?

A

. So in most counries wetstern dem, this control auth control rested in hands of king or queen, monarch had control fo thus. And monarch would grant royal charters or license to media pracitioners.

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31
Q

The meaning and origins of libertarianism- so u imagine what?

A

So u imahine ur media pract 1600’s distributing ur apnflet to people ud be granted license to monarch and what put in granted by monarch or church. Would be allowd put what u want in ti and that of course what happens in most authorism countries till this day.

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32
Q

The meaning and origins of libertarianism - russia etc still have?

A

Russia etc still have that control but diff in western.

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33
Q

The meaning and origins of libertarianism - so if this charters license?

A

So if this charfters license violated they could be revoked media prac couldn’t do job and could be jailed so penalties very sever.

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34
Q

The meaning and origins of libertarianism - consequently sensorship was indicative?

A

Consequnelt sensorship was indicative of auth. As was the arbitrary and irratic ways in whichc ontrol was excercised.

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35
Q

The meaning and origins of libertarianism - so had complete control what?

A

So had complete control what said. So wasn’t free press essentially.

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36
Q

The meaning and origins of libertarianism - now the orgins of libet can be traced back to what?

A

Now the origns of libetism can be traced back to 16th centruay Europe. Now the origns of,ibetism can be tarced back to 16thc entury europ and in patic john miltons are protica 2nd lec. No areo prot published in 1644 and although npt comprehensive statement principles of free speech free pres sit provided very strong libt arg against auth control of free speech and press.

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37
Q

The meaning and origins of libertarianism - so area laid down what?

A

So area proat laid down something called self writing process. RIGHITN.

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38
Q

The meaning and origins of libertarianism - this porcess does what?

A

This process udncermin libe provss ever since. Self writin enshrined moi theory = libteriam arg.

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39
Q

The meaning and origins of libertarianism - now self writing process?

A

Now self writing process dictates that everyone should be free to express selves and according to preterson above r.a. w. = beginngin os lib seed swn john Milton itica.

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40
Q

The meaning and origins of libertarianism (2) - early lib?

A

Early lib such as Milton john Erskine argued if indivi called be freed form restriction on comm- what would hpeen peole would natural foll r.a.w Milton and Erskine: freedom from restrictions = people would ‘naturally’ follow the dictates of their conscience, seek truth, engage in public debate.

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41
Q

The meaning and origins of libertarianism (2) - as a result what?

A

as result create better life for themselves and rest of soc. That was cert joh Milton and john erksin arg,. Their few on things. Mybw u think INDEALISTC but that’s there view.

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42
Q

The meaning and origins of libertarianism (2) - now in applying this theory?

A

Now in applyin ghtis theory to modern media.. Modenr medi landacpe weve already looked at.

Modern media: pure libertarianism = unregulated laissez-faire journalism (see J. Merrill, The imperative of freedom: A philosophy of journalistic autonomy (Freedom House, 1990), 11, 35).

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43
Q

The meaning and origins of libertarianism (2) - from pure libt perspective what?

A

From pure libetain perspective it shoudlbe categorised by john merryl import comm scholar. Famous stufy comuncaition theioyr he is leding shcola rin that area..

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44
Q

The meaning and origins of libertarianism (2) - according to him applying?

A

According to him applying lib ertisim in modern media from pure libedtain perspective it should be categorised by uncontrolled full unrfegualted laissz faire- with clear sepration of state and media.

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45
Q

The meaning and origins of libertarianism (2) - so as said very start?

A

So as said very start absoltuen no gov intervention. No control no imput form gov or state here. Complete freedom from media.

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46
Q

The meaning and origins of libertarianism (2) - niw meryl goes on to say?

A

Now meryrl goes on to say. Emrryls view, freedom should beunderlined moral principe of any pres theoya nd he syas this ..

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47
Q

The meaning and origins of libertarianism (2) - in this article up here?

A

In this article up here… read as writnen basic faith shown by lib advocates that fre epres workin in laissez fair sit will natural result .. Read as written ina rt.

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48
Q

The meaning and origins of libertarianism (2)- online speech what?

A

Online speech and cyber-libertarians: harm in regulating online is greater than the harm caused by the online speech

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49
Q

The meaning and origins of libertarianism (2) - cases in relation to this?

A

(see: I. Nemes, ‘Regulating Hate Speech in Cyberspace: issues of Desirability and Efficacy’, Information & Communication Technology Law Vol. 11, No. 3, 2002. See also: B. Leiter, ‘Clearing Cyber-Cesspools: Google and Free Speech’ in S. Levmore and M. Nussbaum, The Offensive Internet (Harvard University Press, 2010), 156; J. Bartlett, The Dark Net (Random House, 2014), 8-9).

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50
Q

The meaning and origins of libertarianism (2) - now in context of online what?

A

Now in context of online and social media speech his view from merryl corrltes which view cyber libt .

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51
Q

The meaning and origins of libertarianism (2) - now a cyber libt movement devloped?

A

Now a cyber libt movement developed over last few years and nemes has written about cyber libt in context of online speech.a nd according to neemsi she said that cyber libt argue that harm in regulimg online speech is greatedr tan harm cused by the online speech in the first place.

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52
Q

The meaning and origins of libertarianism (2) - saying cyber say?

A

Saying cyberlit say tht regulating online speech cause greter harmt han speech in 1st palce.

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53
Q

The meaning and origins of libertarianism (2) - cyber libert favour?

A

Cyber libert favour and archaic unregulated int free from state control. Cos they fear that regulation will stifle internet develop and associated readers.

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54
Q

The meaning and origins of libertarianism (2) - natural right resting?

A

Natural right resting on moral principle of autonomous agency

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55
Q

The meaning and origins of libertarianism (2) - plaisance?

A

(see: P. Plaisance, ‘The Mass Media as Discursive Network: Building on the Implications of Libertarian and Communitarian Claims for New Media Ethics Theory’ Communication Theory 15(3) 2005, 292-313).

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56
Q

The meaning and origins of libertarianism (2) - so what theory?

A

So what theory dictate is hat free speech is an intrinsic natural right that indivdiuals are born with and as result cos intrinsic natural right born with its absoklut there should be no qualification o it at all.a nd as a result it does not create any additional dutirs or responsiboktirs that attach to rightto fos or indeed media freedom so under libt theory.

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57
Q

The meaning and origins of libertarianism (2) - media freedom should give rise to what?

A

Emdia freedom shouldn’t give rise to any additional responsibilities or obigaitons. Its antual right it should be a an absolute right unqualified. That’s what they say. So anyqs

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58
Q

The meaning and origins of libertarianism (2) - were looking comm?

A

Were looking comm theory here – important stuff cos undpring free speech.
So looka t now stay orgins theory lookat how decline authirisnm look a how libt has continued to flourish. Certianly in us

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59
Q

The meaning and origins of libertarianism (2) - individualistc rather than coll? -

A

Individualistic rather than collectivist theory of society:

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60
Q

The meaning and origins of libertarianism (3) - 18th centuary?

A

Eighteenth century: decline of authoritarianism.

Despite the efforts likes of john Milton erksine weren actually till 18th cent that authr-western democraices began to decline and state monoplies in publishing were eventually abloshied.

Crown or church has control they monopolised our pressed.

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61
Q

The meaning and origins of libertarianism (3) - so everything that cit?

A

So everything that citzns heard was from essentially governing lite, king queen or church. So it was anything but a free press.

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62
Q

The meaning and origins of libertarianism (3) - so by the end of that cent ?

A

So by end of that cent authorisnm regime had been entirely replaced by literism priniciples protectrting f o s and freedom of the press fro state and church int. so gone almost 1 extreme to other.

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63
Q

The meaning and origins of libertarianism (3) - so had auth regime?

A

So had auth regime from end 18th and libt regime which protect press state foem chyrhc.

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64
Q

The meaning and origins of libertarianism (3) - libt?

A

Libertarianism has flourished since. Later propennts of lbit theory such as Thomas jeffreson and john stewert mill and justice lvier wendel homes in us.

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65
Q

The meaning and origins of libertarianism (3) - were equally as influencial?

A

Were equally as influncial in this shuft away from authrisnm as Milton had been in the theories early emergence back in 1600’s/ and as w eknow its bc of mills arg from truth and also justice holmes mpoi theory.

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66
Q

The meaning and origins of libertarianism (3) - that libt free speech ideology?

A

That libt free speech ideolgiy continued to florusih to 19th an 20th cen. Although start of 20th cent saw royal commission on press. And also hutchson commsion report in us so these 2 inquires mirrored eahcother.

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67
Q

The meaning and origins of libertarianism (3) - royal commsion on press uk?

A

Royal Commission on the Press (UK) / Hutchins Commission report (US): emergence of social responsibility theory?

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68
Q

The meaning and origins of libertarianism (3) - they were around same time 1940s?

A

Theywere around same time 1940’s so this was uk this was us, so although 20th cent saw royal comm on press and also Hutchinson commission us thaese act as catalyst for the emrgence of social responsibility theory.

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69
Q

The meaning and origins of libertarianism (3) - the doctrone of social respon?

A

The doctrine eof social respon have never really taken hold. Cert as much as libterisnm.

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70
Q

The meaning and origins of libertarianism (3)- and this isc ert case in?

A

And this is certainly case in respect of itn and social media speech. Wheeas seen the defacto normative pardignm is still libt. So as a result largely due to influence of arg from truth and also moit partic in us, libt remains a dominate comm theory.

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71
Q

The meaning and origins of libertarianism (3) - not the respoect of?

A

Not just in reostc of us speech- (course where its strong hold is) but also in relation to underling principles of though stae.

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72
Q

The meaning and origins of libertarianism (3) - and signi as said in respect?

A

And significantly as said in respect of online intenernt and social media communication. So that’s where we are, so minute dom theory very much libt.

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73
Q

The meaning and origins of libertarianism (3) -so q we have to ask?

A

So q we have to aks is thus. Is libt appropriate for modern media. Is it an appropriate normative paradigm. Does it udeprn free speech in right way that’s q we need to ask.

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74
Q

Is libertarianism an appropriate normative paradigm for the modern media? - this section will focus?

A

This section will focus on two libertarian philosophical arguments that underpin free speech: argument from truth; marketplace of ideas.

told what were neede to ;pok actually mean

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75
Q

Is libertarianism an appropriate normative paradigm for the modern media? - it will consider?

A

It will consider their viability as philosophical foundations in the context of the modern media.

and see whether not they should still be philiodhopcial foundations 4 free speech in 2 days landscape. Gonna condiser their viability.

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76
Q

Is libertarianism an appropriate normative paradigm for the modern media? - does anyone have what?

A

Does anyone have initial thoughts –whether libt based what said do u think libt and its underlying rational is approp for modern media. Theres no right or wrong.

Do you think it works/ do you think speech on the int shiuld be free of any gov or state input/- rebulaion should just be able to doa nd say what we want on int.? Should fb just be platform speech that’s it.

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77
Q

Is libertarianism an appropriate normative paradigm for the modern media? - not libt - anyone?

A

Not a libt –anyone dis and say libt is way forward?- couldbe potential exam q e.g propents of moi is exactly what say- … all the ideas info should be avil for everyon e to see and what is really true will rise to surface.

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78
Q

Is libertarianism an appropriate normative paradigm for the modern media? - libt say ?

A

Libt say no gov or stat int at all- so if u have legislation that upholds free speech, noq ualifications on it think libetroan say that fine, but fo instance art 10 of eu convention obvs give us right o fos but its qualified by art 10 2 – crtain sit that right to free speech can be limited. That goes against libt ration cos interfene thers some state intervention.

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79
Q

The argument from truth: recap - located in mills 19th?

A

Located in Mill’s 19th Century text On Liberty and, predominantly, his essay, Of the Liberty of Thought and Discussion.

ever get chance reccomeed read, its worth readin g bit heavy going but when do its worth the ffort.

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80
Q

The argument from truth: recap - overall thrust?

A

Overall thrust: truth is most likely to emerge from totally uninhibited freedom of thought, and almost absolute freedom of expression.

so as result thought and

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81
Q

The argument from truth: recap - consequently?

A

Consequently, thought and discussion protects individual liberty from its predominant threat, which is not ‘political oppression’, but ‘social tyranny’

social trynanny= tyrannical majority- doesn’t allow us to have our own autonomus thought but in state,requires absolute accor dwith the majorites ideas an dopinions.e ssentially arg in nuteshell

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82
Q

The argument from truth: criticism 1 - argue ?

A

Look at y –argue that actualy others perhaps ahs certain failings partic rather in relation to modern media- have to reminded social media/online speech – medias comm online via social media etc is no longer outlien of freespeech its not central toh ow we

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83
Q

The argument from truth: criticism 1 - but act free speech?

A

but act free speech is stillbased on policitcl htoeires and philioshis arg of truh moip etc, that cam efrom time like before even computers where conceived let alone itn and social media,

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84
Q

The argument from truth: criticism 1 - as seen these therories?

A

As seen these theories comes from 18th/19th cent- that’s part prov why not variable now as once were – could be prob q

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85
Q

The argument from truth: criticism 1 - other leading free speech?

A

Other elading free speech scho- disprie arg tht disiebrility truh within soc almost unviersall accepted and fsct view almost universally accepted correlat

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86
Q

The argument from truth: criticism 1- schauer?

A

Schauer: ‘desirability of truth’

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87
Q

The argument from truth: criticism 1 - loreal?

A

L’Oreal SA v Bellure NV [2010] EWCA Civ 535 per Jacob
LJ: ‘truth has high international recognition’
Assumption that free speech leads to truth = open to attack…

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88
Q

The argument from truth: criticism 1 - jacob?

A

Jacob judg in loreal- said that truth sad right tot ell and hear truth has high in reco.

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89
Q

The argument from truth: criticism 1- the assumption?

A

The saausmption that freespeech leads to truth is in my view atleast and view of other scholars, open tot attck on number of fronts reason say open to attack other fronts is that firstly not encc causal link btw foe and discoveerypf tryth.

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90
Q

The argument from truth: criticism 1 - now that point?

A

Now that point I think is particularly pertenet with regard to online and osicla media speech where anybody can express opinions or views or disseminate info. As a result social media platform and int in generally are saturate with infoainnacurate misleading or simply untrue.

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91
Q

The argument from truth: criticism 1 - causaul link btw?

A

Causal link between free speech and truth?

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92
Q

The argument from truth: criticism 1 - this partc issue?

A

This aprtic issue is animated rreally way in recent fakr nrews phen

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93
Q

The argument from truth: criticism 1 - animated by social media?

A

Animated by social media speech and fake news phenomenon

Fake news phen- elad to social media palt in partic beign asked to del wirh prolviiforsaion of fake news on their sites.

94
Q

The argument from truth: criticism 1 - e.g fb?

A

E.g fb subject to paritc strong critiscm in weight of us general election.

95
Q

The argument from truth: criticism 1- this gpes back to?

A

And this goes back to point m, this crit that they were subject to fter genral elec – resultin in them that they were gonna partner with3rd party fact check organistion- to deal with challenge of fake news..

96
Q

The argument from truth: criticism 1 - now ia rgue?

A

Now I argue my view that the issue of fake news and in partic fb response betrays deeper probkem for in partic oscila networking platforms so thee emasures in fb case partnering etc clearly rune ncoutner to libt idealogy.

97
Q

The argument from truth: criticism 1 - yet very same?

A

Yet very same time fb trying to maintain grip on libt values demonstetaed by its reitiation commitment giving people voice anf that this cannot become an arbit of the truth. Now m view means is that social media plat such as fb are struggling to come terms with a conflict btw reality of online speech and libt value at which they as organisation wer epartiuclarly founding.

98
Q

The argument from truth: criticism 1 - in other words?

A

In other wordsmy view libt not compatible with what now become, may have been fine whn fb was small social netowkr in Harvard but ti was veryexlcusive comm and then eventually all universities to use fb had to be uni student in us. So different when started but principle perjaps in reality don’t quite marr up to what we have in reality.
Betrays a deeper problem

99
Q

The argument from truth: criticism 1 - agre/disagree?

A

Agree or disagree?- whos reposn is it-is it social networking sites to sensor and to edit provide some sort of ediotral process, do they then become arbit of truth. Or should they not do that should they just lit say what they want therefore not sensoring not becoming arbit of truth. In tpoint- up until early 2017 mark zuck agreed what u said he said that fb Is not a media organisation it’s a tech company.

100
Q

The argument from truth: criticism 1

A

But ine arly 2017 publically said we are a media org media company. But were unique media company not typical but finanlly admitted media comp. fb doing recently is now started to reucet their own content so stopped pilot fb tv- gonna make own tv programmes that gonna be distrib via fb networking site. Gonna invest lots of money.

101
Q

The argument from truth: criticism 1

A

Now on that basis are they are media company. Don’t know answer. And this arg people having now/are companies like twitter insta fb in parit, are tney media companys and therefore do they as companies have those responsibilities.

102
Q

The argument from truth: criticism 1

A

Gonna lok at2nd critc regarding arg truth

103
Q

The argument from truth: criticism 2-

A

Despite L’Oreal SA there is no right to truth per se.-So despite what lj saai in loreal there is no right r.a.w – that 1 issue.

104
Q

The argument from truth: criticism 2-

A

Is the dissemination of truth always a good thing?-Furthermore, contrary to what we saw , arguably the dissemination of truth is not always a good thing.

105
Q

The argument from truth: criticism 2-

A

What about other countervailing values?

106
Q

The argument from truth: criticism 2-

A

In some sit the protection of other countervieling rights should take precent over the dissmietion of truth. That’s arg been advanced by number of scholars.

107
Q

The argument from truth: criticism 2-

A

Now ironically , demining what ljusticde said in loreal. This issue is actu illustrated by some of the int instruments, referred to by lord justice ajcob in his judgment in loreal ,

108
Q

The argument from truth: criticism 2-

A

ECHR Art. 10(2)

so if u take eu coneiton hr as example which he referred to to support his judgemnt in that xas.e we know that art 101 actua qualif by art 10 2- art 10 2 does is enable expression and therefore both truths and untruths to be legutmently withheld on a numbe rof ground.

109
Q

The argument from truth: criticism 2-

A

Say for e.g health or morals national secur, public safety, rptoectign rep and honour of private indid, prevention of disorder In cfrime or breach of conflcigts. So we can legitlemy withhold up expression on those grounds, and the expression amyeb true or untrue.

110
Q

The argument from truth: criticism 2-

A

Revenge porn phenomenon

Now within the context of online sppech, revenge porn illustrates this very nicely. Now in the uk revenge porn, there is revenge porn ofence not called rfevenge porn media called it but in uk the offence exits by virtue of s.33 of criminal jsuticde and courts act 2015.

111
Q

The argument from truth: criticism 2-

A

whichc reated or was created to combt individs sharing via text messages social media an dother way so commun, sexual explicit content of thei partners or expartners without that person eprm.

112
Q

The argument from truth: criticism 2-

A

Now although the pictures or the videos and th accompanying text may well be true , pic taken they are true, text true it’s a truth, the dsismeaiton of thiscontent could clearly hrm toher person shealth morals, damge rep or jonoru and without misues of their private info, so as eric barnedt stated,. Rveenge pron really animates this nicely.

113
Q

The argument from truth: criticism 2-

A

It is not r.aw. Barendt.-Barendt: ‘[i]t is not inconsistent to defend a ban on the publication of propositions on the ground that their propagation would seriously damage society, while conceding that they might be true.’ (Freedom of Speech)

114
Q

The argument from truth: criticism 2-

A

So truth doesn’t always lead to good thing essentially.

115
Q

The argument from truth: criticism 3

A

So final further than undermines arg trueth as rational to defence free speech relates to lakc of r.a.w

Lack of application to ECtHR jurisprudence (Lingens v Austria (1986) 8 EHRR 407; Jersild v Denmark (1995) 19 EHRR 1).

116
Q

The argument from truth: criticism 3

A

ECtHR jurisprudence = most closely aligned to AFDSG.

Nw srradoburg juris is most closely aligned with arg from democratic self governance, which eu court made abudntl clear, is at core of art 10. now as we know course uks courts aee ble r.a.w ‘sdomestically –

117
Q

The argument from truth: criticism 3

A

so as to provide for a right , that encpautaleds broader arg freedom of expres,,founding things like arg truth, the mpio, and alsoa rg from self fulfillemnt,

118
Q

The argument from truth: criticism 3

A

Courts are able to develop the concept of free speech domestically: Simms and L’Oreal applied AFT (See also: R (on the application of Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15)

this is illustrated by case such as lord steins jusdgemnt in ex parte simms, wher actually he actually enaputred all the arg.

119
Q

The argument from truth: criticism 3

A

However, what about: sections 2 and 6 HRA 1998 / Ullah?

Hw in conflict wih thtat as paul rag had observed the hol consitenly interp the obligation imposed by judges tot ake strasborg juris into account in domestic proceeding pursuant to s.2 of hr a strictly, meaning that the domestic development of the conenrt of free speech in away which incorp other arg othe tthn arg of fromde,ocratic slef governance, is very hard to justify.

120
Q

The argument from truth: criticism 3

A

Now for instance we looked at cse oo la.

Case thimk mentioned in seminars. Inc ase of oo la lord bingham stated that the duty of the national courts is to keep pace with stra borug juris as it evoelves over time. No more but certainly no elss.

121
Q

The argument from truth: criticism 3

A

As a result as we saw, domestic jurs should mirror the jursi of eu hr .

122
Q

The argument from truth: criticism 3

A

And according to lord bingham inullah failure to follow clear an dconstant strasb jursi. Would absolutely be unlawful under s.6 hr a unles said there are specially cirumstnces that justify depature form stra in that paeric context.

123
Q

The argument from truth: criticism 3

A

Now has been lot of critiscm – arou d ulla an dlord bing ham mirronr principle- both judicially and alsoa cademicallt.

124
Q

The argument from truth: criticism 3

A

Hw it remind I place its still there- still have mirro principle, ulla still good alw. So unles it can be perusavely argued that such specila cirum exist.

125
Q

The argument from truth: criticism 3

A

Then in my viewa tleast the philosophical arg that msut be applied in domestic case law isn’t the arg fromtruth isn’t mpoi. And isn’t arg self fulfillemnt. It is in ,ijne what done in stra sborug, the arg self democratic gov.
Any commnets or qs?

126
Q

The marketplace of ideas: recap

A

Start off by recapping what went over in 2nd lec, so moi theory comes from justice/wendless holmes judgments Abrahams v us.- r.aw
-Comes from Justice Holmes’ judgment in Abrams v United States: ‘the best test of truth is the power of the thought to get itself accepted in the competition of the market.’

127
Q

The marketplace of ideas: recap

A

Comes from Justice Holmes’ judgment in Abrams v United States: ‘the best test of truth is the power of the thought to get itself accepted in the competition of the market.’

128
Q

The marketplace of ideas: recap

A

Now according to mpoi theory an open an unregulated market

-An open and unregulated market, which allows for ideas to be traded through the free expression of all opinions, is most likely to lead to the truth and, consequently, increased knowledge.

129
Q

The marketplace of ideas: recap

A

as result of that increased knowl- as result of that the examin of an opinion within a market place, subjects it to a test that is more rel than indivi or gov appraisal.

130
Q

The marketplace of ideas: recap

A

That is theory in anutshell. So as said, in his view essentially, all info ideas regardless of their emobsotnss their prominence, regardless how supported should be avail, but his view the true the very best will buble to servce for us to use ans ee. So that in nutsheel is mpoi.

131
Q

The marketplace of ideas: recap

A

Now were gonna same as arg truth crituq it certainly within context of modrn media. –

132
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

Pursuant to the theory: ideas that emanate from the competitive market are the truth, leaving nothing more to be said.

so pursuant to mpoi theory – ideas that eminate from the competive market, are the truth, leaving nothing more to be said, so those ideas, tht info, that bubbles to service, that s truth according to the theory.

133
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

Oster relies on the theory to distinguish media from non-media actors.

Oster his article here- theory doctrn- he relies heavily on mpoi theory to disting media from no media. In his view this si bc of emdias power and its ability to communitcate via multiples channels.

134
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

In hisv iedw the theory dictates that the media should be subject to protection and only ver minimal restriction, and he says this is bc this privleeg for journalist of media, encourages the dismmenation of more info, that in turn generates valuable truthful info.in my view oster reasoning in ths respect – agree answer said in most thinfa

135
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

Oster’s reasoning is flawed? (J. Oster, ‘Theory and Doctrine of ‘Media Freedom’ as a Legal Concept’, (2013) 5(1) JML 57-78, 70-71; J.S. Nestler, ‘The Underprivileged Profession: The Case for Supreme Court Recognition of the Journalist’s Privilege’ (2005) 154 University of Pennsylvania Law Review 201, 211).

136
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

but believe flaws, as it’s the very reasons used by oster to supports his apprahc, the renders in my view aatelats, the theory unsuitable to that it has been applied.

137
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

An according to brandt the mpoi theory rest on shaen grounds. Shaky grounds which appear particl in firm in context of mas media comm.

For reasons in my view that could be applied dot tradional and also enwerv versions of media.

Online/internent social media etc. so have some contradictory thought os mpoi. I

138
Q

The marketplace of ideas: ‘resting on shaky grounds’?

A

Barendt: the theory ‘rests on shaky grounds’ (E. Barendt, Freedom of Speech, (2nd ed. Oxford University Press, 2005), 12; See also: E. Barendt, The First Amendment and the Media, 43-46 in I. Loveland (ed), Importing The First Amendment Freedom of Speech and Expression in Britain, Europe and the USA (Hart Publishing, 1998).

I more on barendts accoutns that’s my opion- whats urs?
So gonna look at cri around it and first relates to rationality

139
Q

The marketplace of ideas: rationality

A

So before come on to rationality.look at point to mame

Falsehood frequently triumphs over truth – to the detriment of society

140
Q

The marketplace of ideas: rationality

A

So first of all if the inseriotn tht 1 statement is stronger than another, whether these statements are comm by tweet r a post on fb or utube, or whether they arr eprinted ina tradtional newspaper, come form radio broadcast or tv broadcast doesn’t matter.

141
Q

The marketplace of ideas: rationality

A

So if the insertion that 1 state stronger than another cannot be intellectually supported and defended, in my view at elats the ntotion of truth in that isnatbce lsoes its integereity.

142
Q

The marketplace of ideas: rationality

A

So if that under mpoi theory int hat idea if that info bubles to service for 1reason ro another cannot be defended/intellcuatually supported.

143
Q

The marketplace of ideas: rationality

A

In my view that then loses its incentive. Bc as weve seen as weve discussed.

144
Q

The marketplace of ideas: rationality

A

Hsitory demonstrates that false hood frequently triumphs over truth to dentriment of soc. Many occasions throughtout history when for 1 reason or anoher when false hood trumphs over truth.

145
Q

The marketplace of ideas: rationality

A

Do audiences consider what they read or view within the context of the marketplace rationally?

146
Q

The marketplace of ideas: rationality

A

Now 2nd point which rlates directly to rationality, is that the theory assumes that recipeents of the partic comm, paritc piece of inf,consider what they read or view, within the context of thius market palce, rationally, deciding whether to accept or reject that piece of infp, based on whether it will improve their lifestyle or their society in geneal.

147
Q

The marketplace of ideas: rationality

A

Surely this assumption is unrealistic: criticism is pertinent to CJ and traditional media.

Assumes erveryhting we read, hear, atch we assess it rationally.
Base don whether its gonna improve us, improve soc. As barnendt asees- agree with entirely –assumptionnis unrealistic and it is over optimistic.

148
Q

The marketplace of ideas: rationality

A

And this crit although ti relates to trad media, its parti cimpertent to online speech and also citizen journalism. Bc as we know it is pertinent to both cos as we know the trad media use ocial media, use citizen journalist as source of enws.

149
Q

The marketplace of ideas: rationality

A

Basis of rationality = fallacy of MPOI?

150
Q

The marketplace of ideas: rationality

A

So for th ereaosns that im going to now discuss. I argue my view atelast this absis of rationality makes fallacy of mpoi theory. As said aprtic in our current landsca r ather. Where we have as weve seen this kind symbolic rels btwtraditioanl media nd social meida in citzen journlaism

151
Q

The marketplace of ideas: problems with basis of rationality

A

So lets lok at this absis of rati
1st observ- is that the internt social media, pr.r,aw.-SM proliferates poorly researched or false information that can emerge as the dominant view, regardless of the negative impact (see previous fake news point).

152
Q

The marketplace of ideas: problems with basis of rationality

A

a lready said that yet despite this it has the potential and very afotn actually does emerge as the dominate view, regardless of the detemintal impact it has on society. So what bubbles to sevce in mpoi online, aswe seen fake news very often untrue.

153
Q

The marketplace of ideas: problems with basis of rationality

A

-Recycling of information by traditional media: symbiotic relationship.

In turn the traditional media so journalist newsoaoers, tv organisaiton, using social media as source of news, may regurtgtate the same info. And of course as said becomes almost self fulfilling bc that somebody like bbc or itv sky tiems waleve got this info then support info in first palce, cos seen as respectable source of info.

154
Q

The marketplace of ideas: problems with basis of rationality

A

Anonymity and pseudonymity on the Internet: difficult to rationally assess the veracity of the speaker.

  • Now arguably this rblem is amplified even further by the ambiguity an anonymity and souedomity on the int. which makes it hard if not imposs at times. For the audience to accurately and ratioanlyl assess the variesty of the speech. What we mean by vairsty is acucrayc of sppech. S
155
Q

The marketplace of ideas: problems with basis of rationality

A

Rational assessment = problematic.

o what we have inreality is that w e have amarket place that contains tru and untrue or isleading info. Proabbly in atleast eqyuual propritions. Some of which actually are line will be published either annoymouslty or under psuydion- and as result in my view this makes it extremely difficult or if not impossible for the audience, for the recipt of comm, to make a rational assessment of what they’ve read or viewed or what theyves lsitent to. So that’s 1st criti in mpoi. Is babsis ofratioanlity.

156
Q

The marketplace of ideas: criticism 2

A

2nd criti- - further reason why the theoy is flawed, relates tot ruth discorvery.

-Truth discovery: particularly pertinent to traditional media.

157
Q

The marketplace of ideas: criticism 2

A

Now although this issue, without paritc pertinent to the trad media, its also rel to citizen joualism aswell.

but did hence why they left and it made national news.

2nd as weve already discussed traiftonal media outlets also use citzne journal and social media generally as a source of news. As a result same way that blogggers may regur false or misleadin ingo obtained by trasiotnal media – trasitonal media may do sam eobtined by social meida.
So on that not then

158
Q

The marketplace of ideas: criticism 2

A

Theory’s integrity contingent on the sincerity and truthfulness of the speaker.

The mpoi its integ the integ of the thory is contigent upon the sincerity and the truthfulness of the speaker, and as a result it assumes, that the market place contains expression that’s solely represens the views of that aprtic speaker e.f vies of journalist, broadcaster, pbulisuher whatever, as oppose to it being convyed on the basis of other restrictions such as editoral control, ownership, commercial interests, political bias.

159
Q

The marketplace of ideas: criticism 2

A

Advertsing sales that kind of thing. Ti doesn’t take any of that into account.

Tjis may be true within the context of citize journal where course there are in theory atleast less restrictions- less editoral control issues, less isues with commericlaims, advertising with political bias, there less of that with citizn journalism and social media speech.

So it may be true in that respect in theory atleast.

160
Q

The marketplace of ideas: criticism 2

A

Hw of course this sint always case bc bloggers, social media user, citizen journalist, they also regurgitated some of the infow hich is coming from traditional news outlets, like sai dit symbotic rels that goes round and round, its self fulfilling.

161
Q

The marketplace of ideas: criticism 2

A

But does the marketplace contain expression that solely represents the views of the speaker, or are other factors in play?.

162
Q

The marketplace of ideas: criticism 2

A

In relation to the trad media though, I argue that this assump is equally unrelaisitc for 2 main reasons. 1stly many media outlets as we know cos talked in first lec. Are dirven by some of thos restircitions as we first mentioned.

Commericla bias, political bias, theyre driven by sales generating revenue we know that. And a greta eg of this is this partic art here bbc news.

163
Q

The marketplace of ideas: criticism 2

A

What about: editorial control, ownership, political bias or increased commercial revenue through advertising and/or sales (see: Daily Telegraph story re advertising and commercial partners http://www.bbc.co.uk/news/health-31529682).

164
Q

The marketplace of ideas: criticism 2

A

Regurgitation of false information.
1st lec reported left paper cos concerned tat cetain stories being sensored cos sying rather disparign thing about some paper commercial partners in china and ruusia.
So got those issuesat plat there. Shoudlnt be happening but did hence why they left and it made national news.

165
Q

The marketplace of ideas: criticism 2

A

2nd as weve already discussed traiftonal media outlets also use citzne journal and social media generally as a source of news. As a result same way that blogggers may regur false or misleadin ingo obtained by trasiotnal media – trasitonal media may do sam eobtined by social meida.
So on that not then

166
Q

Libertarianism: a flawed paradigm for media speech?

A

Based on the unproven assertion that the product of the media marketplace is the truth.

-Baased on arg seen in relation to cri arg truth and mpoio- iw ould argue atkleast that libt is an flawed paradigm as it based on the unproven ass-r.a.w- so that piece of infot hat buble tosservice which is only 1 out of an ifninte number if potential outcomes, gaisn a defacto priv status as the truth in adverted commas, cos just happens to come to srvuce. Now as

167
Q

Libertarianism: a flawed paradigm for media speech?

A

-Schwarzclose: ‘dilemma of libertarianism’ (R. Schwarzlose, ‘The Marketplace of ideas: A measure of free expression’ (1989) Journalism Monographs No. 118, 1-41, 8).

Schwazlose stated, what this creates I his view is the dilemena of libt. And says that this dilemma libt is this. In mpoi, is it truth that survives or is what ever survivies truth. Which think is really q to quote-leave there with libt
Gonna look now at social respons.

168
Q

Social responsibility theory: origins

A

So – look at social respons

169
Q

Social responsibility theory: origins

A

Catalyst for the theory: Royal Commission on the Press in the UK and the Hutchins Commission report in the US.

170
Q

Social responsibility theory: origins

A

So – catalyst for the emegrnece of social respon theory ere 2 reports mentiond at start of lec- which were commisons at either side of atlantic- had rule comm press on uka nd huthcin in us and both aroud same time. Both commissioned and publish wirhin 1940. th ehutchins commission report was paritc influencial in estavlishing social respon as a new commnaiiton theory. And also I attempting to find balance btw libt and parternalism.

171
Q

Social responsibility theory: origins

A

So q – what did the rpeott do.- well in simple terms the report laid down 5 req
Of medi aperformance

-Report laid down 5 requirements:

172
Q

Social responsibility theory: origins

A

Which were 1st – to provide a truful r.a.w in a conxt which gives them meaning and to clearly disting fact from opion

Truthful, comprehensive, and intelligent account of the day’s events.

173
Q

Social responsibility theory: origins

A
  1. Press should operate on media rather tha as form r.a.w – even fi this means dissmentianf views contray to their own

Forum for the exchange of comment and criticism by operating as common carriers of public discussion

174
Q

Social responsibility theory: origins

A

3.. It shudl project a repr picture of the constituent groups of socuet so it shouldn’t just dismmednta views of the elite, it should dismmentae view of everyone

Project a representative picture of the constituent groups in society.

175
Q

Social responsibility theory: origins

A

Responsible for presentation and clarification.

  1. r.a.w of goalad and ivews of society
176
Q

Social responsibility theory: origins

A

Access to intelligence.

  1. Media there to privde fulla cess to days intelligence.
177
Q

Social responsibility theory: origins (2)

A

Came from diminishing faith in libertarianism/self-righting process
Themes of discontent distilled by Siebert et al (F. Siebert, T. Peterson and W. Schramm, Four Theories of the Press, (University of Illinois Press, 1956). The media:

  • So it is borne out of social respon- diminishing faith in libt. And the overally optimistic notion that virtually absolute freeod of expressiona nd the self riting process, carrie in their view these bult in corretcives for meida. Which they didn’t agree with they didn’t think self rightin process actually was a built in corrector- overly optimsiitc.
  • Now siebet pete an dhscamr e.w published not long after these 2 reports came out post in 1950’s. they had institlled the themes of crit of media at the time- and its worth just mentioning what those crit were- so essentially done is said, these were issues of media, this si what people were getting annoyed about at time that these reports were commsions.
178
Q

Social responsibility theory: origins (2)

A

1st said media was using power own ends with owners propagating their own opinioms to their political and economic advantage at the expense of opposing views

1.Used its power for its own ends.

179
Q

Social responsibility theory: origins (2)

A

Was subservient to ‘big business’.

‘2. medi had been sub r.a.w – with adverisers controlling editoal policies and content of newspaper

180
Q

Social responsibility theory: origins (2)

A

3.Resisted social change.

181
Q

Social responsibility theory: origins (2)

A

4.Media more willing to publish r..aw then publish significant sotores

Lent towards superficial and sensational stories.

182
Q

Social responsibility theory: origins (2)

A

5.Endangered public morals.

bc of its behavuoru

183
Q

Social responsibility theory: origins (2)

A

Media invade r.a.w without just cuse

6.Invaded the privacy of individuals.

184
Q

Social responsibility theory: origins (2)

A
  1. Perhaps most worringly – r.a.w by socio eocnmic lcass meaningf that access to tj einfustry was diff which consequnelt yendgaered the free and open mpoi. So they were the main crit of media at time this reports were commissioned.

Was controlled by the elite = undemocratic.

185
Q

Social responsibility theory: origins (2)

A

What these issues did was it caused a bit of a rebellion a refveloution bc

186
Q

Social responsibility theory: origins (3)

A

It gave rise- this disollutionment wih libt nd th ebhavour of the media which was op within a libt rationale, gavr ise to quite an extrem anti libt movement, so it went almost the other way which is not what peoplereall wanted.

Comprise between paternalism and libertarianism = social responsibility.

187
Q

Social responsibility theory: origins (3)

A

Paternalistic anti-libertarian movement.

Which was grounded in paternalism that resulted in increase pressure on uk and us gov to regulate the media.

188
Q

Social responsibility theory: origins (3)

A

Now within hustincins commission I apritc 1 in us- there was a clear divide btw those who held strong libt views, and those hwo favoured some form of media reg-

189
Q

Social responsibility theory: origins (3)

A

which was due to in their view the fragility of the mpoi theory. Making th media vunerble to anti democratic forces.

190
Q

Social responsibility theory: origins (3)

A

So there wa sso hutcincshons, split some favorued libt but ahlf of them didn’t. so we need half more partinerlistc and think need some regulation bc mpoi ideas is so fragile it is exposed to anti democracy or anti democratic forces.

191
Q

Social responsibility theory: origins (3)

A

Chicago School: opposing the MPOI

Now these partic propernts of regu- were guided by a philoshpy of public comm developed by social researchers at the uni of Chicago during 1940s and this is why refereed here to the Chicago skull-

192
Q

Social responsibility theory: origins (3)

A

that’s what is commonly known as the chigcago skull, so look at comm theory they talk about chiacgao skull its these guys that im now gonna talk about. In opposing notion of mpoi.

193
Q

Social responsibility theory: origins (3)

A

Thechcago skull argued that an unreg mass media, served the interst of large or socially dominate groups, so the socio economic elite, which I mentioned of course in last slide.

194
Q

Social responsibility theory: origins (3)

A

To their mind to mind of those in Chicago skull, the protection of free speech was not same as the provion of free speech,

195
Q

Social responsibility theory: origins (3)

A

The need for government regulation?
as reusl thtye wanted gov regulation to play an interventionary role in order to rpivde enabling structurs for a healthy public sphere,

196
Q

Social responsibility theory: origins (3)

A

so despite th amj of Hutchison comm having some sympthaty with the ideas advanced by the chiago school, they actually ended up opposing any form of regulation bc they feared thatby doing this it could atc as catalyst for official control of media by state/gov which they didn’t want’so they had to come up with a

197
Q

Social responsibility theory: origins (3)

A

compromise - Comprise between paternalism and libertarianism = social responsibility.
Thonk okay- libt isn’t working the mpoi is too fragile media is taken advantage- state were in and equally we don’t want to go down this partenrlistc route and have a regukated media-cos pens door to further control by gov need some comprimsie

198
Q

Social responsibility theory: origins (3)

A

This cimpromsie came in form of socialrespkn theory which was founded on faith place din media by members of comm- who empahsises that media needed to refocus its efforts on serving the public.

199
Q

Social responsibility: rationale

A

So social respons theory is absed on follwoign raitonaline- unlike libt which dictates that free speech is absolute and as result doesn’t propgate duties and respons that attach to right to free speech and media freedom, under social respons doctrine,

200
Q

Social responsibility: rationale

A

Freedom of speech carries concomitant responsibilities and obligations to society, employers and the market place

-So it coreelates v nciue with what we have in relation to eu convneiton we have this concominten duties and rspon

201
Q

Social responsibility: rationale

A

If media doesn’t atleast attempt to meet thiese repsosn and oblig then as consequence it cant benefit from the enhanced right to mf in theory atleast. The thwory rests on the moral prin r.a.w -Rests on the moral principle of justice – requires balance to be struck with countervailing rights.

202
Q

Social responsibility: rationale

A

As a result the right to free speech and mf must be banalanced against private right of others and other vital social int- so has to balanced in its coutnevieling rights.

203
Q

Social responsibility: rationale

A

Media are obliged to protect democracy/fulfil constitutional functions.

And as benefiicairs of the righ to mf. The media ar obligated to continually strive to rpeserve demoracy. By fulfiflling essential consitutiinal function sof mass comm-

204
Q

Social responsibility: rationale

A

1.Service the political system.

that extends beyong the mere provision of very very bust mpoi and they include the following
Servicing the political system by providing info discussion and debate on public affairs

205
Q

Social responsibility: rationale

A
  1. Enlighten the public.

2. r.aw so as to make a capable of democratic self governance

206
Q

Social responsibility: rationale

A

3.Protect the rights of individuals.

‘3. r.a.w ny atcing as a public watchdog
So that essentially what media hasto do under SR theory.

207
Q

Social responsibility: rationale

A

Now infulfillin these functions the media must ensure that it also does the following- it sets and maintain, high professional stand r.w.

Professional standards or truth, balance and conduct.

208
Q

Social responsibility: rationale

A

Fostering of ‘Great Communities’.

and finally at very heartof theory is this- THE MEDIA IS REQ TO FOSTER AN CREATE GREATE COMMUNITES BY PRIORTISING CULTURAL PLURALISM BY BEING A VOICE FOR ALL PEOPLE, NOT JUST THE ELITE OR DOMINANT GROUPS.

209
Q

Social responsibility: rationale

A

So that the underline rationale to social rspons theory.

210
Q

Social responsibility and the argument from democratic self-governance

A

Lets looka t how it ties in with arg self democratic slef ogv-

211
Q

Social responsibility and the argument from democratic self-governance

A

AFDSG has been applied by the US Supreme Court and HL to defend free speech claims:

although arg democratic self applied by us supreme court an dhol to defend free speech clams cases whiteney v calfornia etc – it is most commonly associated with jursi of echr. As already said.

212
Q

Social responsibility and the argument from democratic self-governance

A

(USSC: Whitney v California 274 US 357 (1927) per Brandeis J at 375-378 (1927); Garrison v Louisiana 379 US 64, 74-75 (1964); HL: R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 per Lord Steyn at 126).

213
Q

Social responsibility and the argument from democratic self-governance

A

Most commonly associated with ECtHR: (Lingens v Austria (1986) A 103, [42]; Bladet Tromso and Stensaas v Norway (2000) 29 EHRR 125, [59]; Bergens Tidande v Norway (2001) 31 EHRR 16, [48]).

214
Q

Social responsibility and the argument from democratic self-governance

A

AFDSG = at the core of Article 10 jurisprudence: (Lingens v Austria (1986) 8 EHRR 407; Jersild v Denmark (1995) 19 EHRR 1).

Eu corut of human rights has consistent placed arg from democ self gov at very ehart of ti sjurspir relating to articl 10.

215
Q

Social responsibility and the argument from democratic self-governance

A

AFDSG = at the core of Article 10 jurisprudence: (Lingens v Austria (1986) 8 EHRR 407; Jersild v Denmark (1995) 19 EHRR 1).

216
Q

Social responsibility and the argument from democratic self-governance

A

Mirror principle = should be the dominant foundation for free speech.

as result as weve seen in relation to the mirror principle it should in theory atleast be the dominat philisohiocak foudnaiton for free speech in uk, In theory pursuant to the mirro principle as said.

217
Q

Social responsibility and the argument from democratic self-governance

A

AFDSG correlates with social responsibility theory.

Now in line with vaues underping social rspon theoy

218
Q

Social responsibility and the argument from democratic self-governance

A

The arg from democratic slef gov is based on the premis , predominant purpose of fos.is to the proect the rights of citziens to understand poltical matters, amtters of public concern in order to facilitate and enable their engamenrt with the democratic process.

219
Q

Social responsibility and the argument from democratic self-governance

A

Utimately what the arg says is that an informed elctorate is a pre requiste of democra. In order for us to have health democ w e have ro be informed. So ..

220
Q

Social responsibility and the ambit of the argument from democratic self-governance

A

Just reflecting or looking at ambit og r..aw

Meiklejohn extended the ambit of the AFDSG: substituted political expression with notion of public discussion.-If remember looked at 2nd lec-mek argued for the subsitionof political expression with thw ider

221
Q

Social responsibility and the ambit of the argument from democratic self-governance

A

and less restrictive notion of public disc- which related to any matter of public interest. -

Public discussion = matters of public interest-
As opposed to expression leads purely to the casting of votes. Now rrsult of this itnerp .

222
Q

Social responsibility and the ambit of the argument from democratic self-governance

A

Creates a two-tiered approach to free speech: expression not in the PI is not protected.

-Is that we have a 2 tiered approach to pbulci expression. So expression that isn’t in the public interst isn’t protected and is therefore open to rfestriction to protect the genral welfare of soci.

223
Q

Social responsibility and the ambit of the argument from democratic self-governance

A

Wider view reflects ECtHR case law (e.g. commercial expression: Krone Verlag GmbH & Co KG v Austria (2006) 42 EHRR 28).

Now this wider view reflects eucthr case law.
Which is afforded of wide ambit to the notio of public interst.

224
Q

Social responsibility and the ambit of the argument from democratic self-governance

A

So just to conclude inraltion to SR THEORY.

225
Q

Social responsibility and the argument from democratic self-governance: a better basis for free speech?

A

Social responsibility and AFDSG endorses a two-tiered approach to media expression

226
Q

Social responsibility and the argument from democratic self-governance: a better basis for free speech?

A

Sr ideoldy together with the arg from democratic self gov- as said endorsed 2 tier approach to media expression-

1st public discussion shoul be protected hw if the expression is not of public int- it should njto eb afforded same level protectioncomared tot at which is of public itn.

This includes speech rpjmarly concerned with commercial or financial matters, speech related to priv or intmaite matters and hate speech.

227
Q

Social responsibility and the argument from democratic self-governance: a better basis for free speech?

A

SR theory and the AFDSG dictates that the media’s privileged protection under MF is subject to concomitant duties and responsibilities: correlates with Art. 10(2) ECHR and Article 19(3) ICCPR.

Further more in my view atleast sr theory and the argument fform democr self gov and its public discussion ambit. Ditctates that th emedia privle protection is subject to an acting ethically an din good faith and in publishing/broadcasting material that is absed on resoable rsearch to veryify the prominence of tis soruces.

228
Q

Social responsibility and the argument from democratic self-governance: a better basis for free speech?

A

And as result incidentally the only elgal instruments that qualify right to free speech or expression with expressed reference to these extra duties and rspons are art 102 eucovention and also art 19 iccpr.

229
Q

Social responsibility and the argument from democratic self-governance: a better basis for free speech?

A

These qualification clause apply to both media and non media entities as we well knw

230
Q

Social responsibility and the argument from democratic self-governance: a better basis for free speech?

A

So in my view sr theory and the arg for self gov- correlates very closely to what we have in palce legal framework around free specch partic in Europe.
Therfor emy view I think ti proiveds better basid freespech than libt.

231
Q

Conclusion?

A 
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Free Speech (9 decks)

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