The Media and the Liberal Democratic State
Chapter Two examines the foundations of the relationship between the media and the liberal democratic state, breaking it down into three broad perspectives: the liberty to publish free from external interference, the protection of state interests in security and public order, and lastly the protection of individuals, communities and society at large from the harmful effects of media publication. This Chapter then compares consequential and autonomy based liberal arguments for freedom of expression, underscoring the critical role that democracy has acquired as an argument for greater liberty to publish. Ideas of harm and offence, also grounded in autonomy as well as human dignity, are explored. Chapter Two also looks at positive intervention by the state in media markets for social and cultural purposes. Finally, in considering different constitutional approaches to freedom of expression, the Chapter examines proportionality analysis and its alternatives in liberal democratic media law.
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