Freedom of the media

"The Note provides an overview of the three main approaches to professional regulation – namely self-regulation, co-regulation and statutory regulation – and then delves in more detail into the key features of self- and co-regulation before describing the benefits of these systems and the different roles they can play beyond merely deciding on complaints about professionalism. The final section looks at a number of practice issues regarding the establishment of a self-regulatory system for independent media focusing on Myanmar, the only option given the current situation."

Press freedom has been highlighted time and time again as fundamental to democratic societies and to human rights. In this segment of the MOOC created by Columbia Global Freedom of Expression, Agnès Callamard seeks to achieve three objectives. First, identify the current threats and challenges to press freedom. In the second part, review quickly some of the main arguments for press freedom and thirdly, highlight the main principle that should guide any state intervention and interference with the media.

The Commission's proposal for the Regulation aims to safeguard media independence and promote media pluralism across the EU, in addition to establishing specific requirements for Very Large Online Platforms as defined under the Digital Services Act.

"This book explores the legal and regulatory systems governing public service broadcasters in eight different countries around the world, looking at the services they provide, the way in which their mandates are defined, their internal governance systems, mechanisms of oversight or accountability and funding. In selecting the various countries, an attempt has been made to ensure wide geographic representation, while including only countries that have a strong commitment to public service broadcasting. Special emphasis has been placed on the strategies that have evolved over the years to ensure that public service broadcasters are not undermined by two critical phenomena: external control (political or other), particularly over editorial output, and inadequate public funding. The book outlines tested approaches to resolving these key problems, but it also highlights innovative systems that are being piloted in different countries to address some of the new challenges that face public service broadcasters."

“This study assesses the challenges, and the opportunities, for journalism today. It dovetails with the 2020 theme of World Press Freedom Day (“Journalism without Fear or Favour”), an annual calendar date that commemorates and celebrates the universal human right to expression in the public arena. Without press freedom, it is impossible to envisage editorial independence in the media, and without editorial independence as an essential enabler of professional standards, journalism cannot thrive. These are not “nice to haves”. Society depends on journalism for the vibrancy of democracy and informed responses to crises.  Without journalism, a huge gap exists in holding states accountable for realizing their commitment to achieving progress in the areas covered by the Sustainable Development Goals (SDGs). The report provides a structured way of understanding the contemporary context of journalism in terms   of trends in editorial independence and professional standards. Each analysis constitutes the source of targeted recommendations at the end of the study. The report as a whole serve as a starting point for debate among and between governments, intergovernmental organizations, civil society, media actors, academics, internet   companies   and   other   stakeholders.   Such  discussions are key if independent journalism and its outputs are to persist and flourish as a matter of public good. The present report explores the above-mentioned themes and identifies relevant patterns and recent trends in how they have manifested themselves across the globe. It also seeks to give a sense of the responses from international and regional organizations, national governments, and other actors. While each of these three themes has its own distinctive dynamics and drivers, the interplay between them in relation to elections is particularly powerful.”

The Special Rapporteurs identify the ten key challenges to freedom of expression in the next decade: Mechanisms of Government Control over the Media, Criminal Defamation, Violence Against Journalists, Limits on the Right to Information, Discrimination in the Enjoyment of the Right to Freedom of Expression, Commercial Pressures, Support for Public Service and Community Broadcasters, Security and Freedom of Expression, Freedom of Expression on the Internet, Access to Information and Communications Technologies.

“Media freedom has increasingly come under the spotlight in recent years. The threat to media freedom is often attributed to the recent rise of populist and authoritarian governments, with many world-leaders – including leaders of major democracies – increasingly seeming to view free media as an opponent, rather than a fundamental aspect of a free society. The knock-on effects of such actions can be grave, particularly given the important role that a free media plays in upholding democracy and democratic freedoms. Media freedom and pluralism are part of the rights and principles enshrined in the European Charter of Fundamental Rights and in the European Convention on Human Rights. As the coronavirus pandemic continues to have significant ramifications for public health, social welfare and the economy, the crisis also presents a significant threat to media freedom. Media freedom proponents have warned that governments across the world could use the coronavirus emergency as a pretext for the implementation of new, draconian restrictions on free expression, as well as to increase press censorship. In its 2020 World Press Freedom Index, RSF argues that certain governments have used the crisis to impose media restrictions that in ordinary times would be impossible. The Council of Europe (CoE) Platform for the Protection of Journalists has warned that the fresh assault on media freedom amid the Covid-19 pandemic has worsened an already gloomy media freedom outlook.” In this Briefing, the European Parliament discusses: “1) the current state of media freedom, 2) the impact of coronavirus on media freedom, 3) the wider implications of media freedom restrictions, and 4) EU action to protect and boost media freedom.”

“The objective of this publication is to present inter-American jurisprudence that defines the scope and content of this right in a systematic and updated way. Among the most important topics it highlights: the importance, function, and characteristics of the right to freedom of expression, as well as the types of speech protected; the prohibition of censorship and indirect restrictions; the protection of journalists and social communications media; the exercise of freedom of expression by public officials; and freedom of expression in the area of electoral processes.”

“The normal treatment of governmental regulation of markets makes a sharp distinction between the ordinary market for goods and services and the activities covered by the First Amendment-speech, writing, and the exercise of religious beliefs -which [. H. Coase] call[s], for brevity, "the market for ideas." […] What is the general view that [R. H. Coase] will be examining? It is that, in the market for goods, government regulation is desirable whereas, in the market for ideas, government regulation is undesirable and should be strictly limited. In the market for goods, the government is commonly regarded as competent to regulate and properly motivated. Consumers lack the ability to make the appropriate choices. Producers often exercise monopolistic power and, in any case, without some form of government intervention, would not act in a way which promotes the public interest. In the market for ideas, the position is very different. The government, if it attempted to regulate, would be inefficient and its motives would, in general, be bad, so that, even if it were successful in achieving what it wanted to accomplish, the results would be undesirable.”