What is press freedom now? New media, gatekeepers, and the old principles of the law (original) (raw)

The concept of media freedom, in modern European philosophical and legal thinking, is constantly changing. Originally, back in the eighteenth and nineteenth centuries, it did not necessarily mean more than the exclusion of state intervention prior to publication, while still allowing prosecutions to begin after publication. By the twentieth century, in the age of mass media, this narrow definition was no longer sustainable. With the recognition in various jurisdictions of the idea that the media have a fundamental task in the democratic public sphere, these states needed to draw the respective conclusions which, in turn, affected the concept of media freedom. This concept is about to be redefined once again, thanks to new participants that have become active players in transmitting various content to the general public. In this paper we wish to examine whether it is justified to rethink the notion of media freedom, having regard to these new participants. In part 1, we examine the differences between freedom of speech and media freedom (freedom of the press) in order to identify the content of the currently used notion of ‘media freedom’. Part 2 provides an overview of the different elements of the legal notion of ‘media’. In part 3 we shall reveal who might be the holders of the right to media freedom, which new players might claim protection under this right and the unique tasks they play in the operation of the democratic public sphere. Part 4 discusses the relationship between the internet and the democratic public sphere, and briefly assesses the fading hopes that were present at the dawn of the internet age. In part 5 we briefly draw possible conclusions from the previous parts with respect to the future role of the state.

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