Redefining 'media' using a 'media-as-a-constitutional-component' concept: an evaluation of the need for the European Court of Human Rights to alter its understanding of 'media' within a new media landscape

Peter Coe*

*Corresponding author for this work

Research output: Contribution to journalArticle

Abstract

This paper considers the impact of new media on freedom of expression and media freedom within the context of the European Convention on Human Rights and European Court of Human Rights jurisprudence. Through comparative analysis of US jurisprudence and scholarship, this paper deals with the following three issues. First, it explores the traditional purpose of the media, and how media freedom, as opposed to freedom of expression, has been subject to privileged protection, within an ECHR context at least. Secondly, it considers the emergence of new media, and how it can be differentiated from the traditional media. Finally, it analyses the philosophical justifications for freedom of expression, and how they enable a workable definition of the media based upon the concept of the media-as-a-constitutional-component.
Original languageEnglish
Pages (from-to)25-53
Number of pages29
JournalLegal Studies
Volume37
Issue number1
Early online date16 Oct 2016
DOIs
Publication statusPublished - 1 Mar 2017

Bibliographical note

This is the peer reviewed version of the following article:Coe, P. (2016). Redefining 'media' using a 'media-as-a-constitutional-component' concept: an evaluation of the need for the European Court of Human Rights to alter its understanding of 'media' within a new media landscape. Legal Studies, Early online, which has been published in final form at 10.1111/lest.12133. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.

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