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Freedom of Speech$
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Eric Barendt

Print publication date: 2007

Print ISBN-13: 9780199225811

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225811.001.0001

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Freedom of Speech in the Media

Freedom of Speech in the Media

Chapter:
(p.417) XII Freedom of Speech in the Media
Source:
Freedom of Speech
Author(s):

ERIC BARENDT

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225811.003.0012

This chapter examines different perspectives on the relationship of freedom of speech and freedom of the press, along with the concept of editorial freedom, arguably the central idea in any discrete right to press freedom. It looks at the legal implications of recognition of special media rights and immunities in a number of different contexts: taxation of the press, competition law, press rights of access to information, and the privilege not to disclose the sources of information. It also discusses how different legal systems resolve conflicts between the free speech and free press interests of owners, editors, and journalists. Many of these questions are as relevant to the broadcasting media as to the older print media, but the former have always been subject to a degree of special regulation that has not been countenanced for centuries in the case of newspapers and books. The chapter concludes by discussing whether this regulation is compatible with freedom of speech.

Keywords:   freedom of speech, press freedom, media, broadcasting, taxation, competition law, access to information, editorial freedom, regulation, disclosure

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