TY - JOUR
T1 - Redefining 'media' using a 'media-as-a-constitutional-component' concept
T2 - an evaluation of the need for the European Court of Human Rights to alter its understanding of 'media' within a new media landscape
AU - Coe, Peter
N1 - 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.
PY - 2017/3/1
Y1 - 2017/3/1
N2 - 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.
AB - 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.
UR - http://onlinelibrary.wiley.com/doi/10.1111/lest.12133/abstract
UR - http://www.scopus.com/inward/record.url?scp=84991497843&partnerID=8YFLogxK
U2 - 10.1111/lest.12133
DO - 10.1111/lest.12133
M3 - Article
AN - SCOPUS:84991497843
SN - 0261-3875
VL - 37
SP - 25
EP - 53
JO - Legal Studies
JF - Legal Studies
IS - 1
ER -