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European and International Media LawLiberal Democracy, Trade, and the New Media$
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Perry Keller

Print publication date: 2011

Print ISBN-13: 9780198268550

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780198268550.001.0001

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The Media in European and International Human Rights Law

The Media in European and International Human Rights Law

Chapter:
(p.185) 6 The Media in European and International Human Rights Law
Source:
European and International Media Law
Author(s):

Perry Keller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268550.003.0007

Chapter Six sets out, separately, the principles and rules of European and international human rights law that most directly affect the media. The Chapter examines the ECHR Article 10 right to freedom of expression, explaining the judicial development of its core purpose of protecting scrutiny and comment on public affairs. It also examines competing ECHR based rights and interests and the use of proportionality analysis to achieve a balance between these and the liberty to publish. The Chapter looks at other Council of Europe treaties and instruments concerning media issues, including regulatory independence, public service media and prescriptive rules protecting state and public interests. Chapter Six then discusses Article 19 of the ICCPR in comparison to Article 10 of the ECHR, including various successes and failures in developing a liberal democratic interpretation of freedom of expression in international law in different venues.

Keywords:   Council of Europe, ECHR, United Nations, UNESCO, ICCPR, freedom of expression, privacy, public morals, security

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