A Theory of Media Freedom

The article examines the notion of media freedom and the development of two cultures of media freedom. The negative rights approach which is more prevalent in US law is increasingly separated from the more positive rights approach of international human rights and the ECHR. The article outlines the elements of a conditional, institutional approach to media freedom that combines both positive and negative approaches. The article examines the implications of this theory for some contemporary policy questions about the regulation of internet intermediaries in Europe.