Media Freedom as a Legal Concept: How does the ECtHR define “a Medium”? Cover Image

Svoboda médií jako právní koncept: jak definuje ESLP „médium“?
Media Freedom as a Legal Concept: How does the ECtHR define “a Medium”?

Author(s): Terezie Boková
Subject(s): Constitutional Law, International Law
Published by: Masarykova univerzita nakladatelství
Keywords: freedom of speech; media; media freedom; journalism; public interest; Duties and Responsibilities

Summary/Abstract: If one conceives media freedom as a specific legal concept, how to define media? This article looks for answer to this question in case-law of the ECtHR. It argues that even though there have been attempts to define media in theory, the Court tends to use intuitive approach in order to recognize media or journalists. While some authors identified in the case-law several characteristics typical of media – public interest and special duties and responsibilities – these could not sufficiently distinguish media from other speakers. The article concludes that Article 10 of the ECHR case-law does not view the media as privileged per se. That opens the floor for discussions if some rights, traditionally linked to the media freedom, should indeed be reserved only for the media.

  • Issue Year: 30/2022
  • Issue No: 4
  • Page Range: 671-693
  • Page Count: 23
  • Language: Czech