Private Regulation and Freedom of Expression

Tony Prosser, Fabrizio Cafaggi, Federica Casarosa

Research output: Contribution to journalArticle (Academic Journal)peer-review

Abstract

Freedom of expression as a constitutional right is common to European countries. The scope of application of this right is defined through the jurisprudence of domestic and European courts (European Court of Human Rights and the Court of Justice of the European Union), an ongoing process that determines not only the boundaries of freedom of expression but also its implications for media regulation. This article builds on this jurisprudence, constitutional principles, and the qualitative data provided by the MEDIADEM project to understand what freedom of expression entails from a regulatory perspective and whether international and national, notably constitutional, instruments establish criteria that govern how the regulatory space can, or should, be partitioned between public and private spheres of operation.
Original languageEnglish
Pages (from-to)1998-2016
Number of pages9
JournalInternational Journal of Communication
Volume11
Publication statusPublished - 8 May 2017

Keywords

  • media freedom
  • private regulation
  • constitutional rights
  • media self-regulation
  • co-regulation
  • European media law

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