Freedom of speech Media freedom and responsibility Katarzyna Płaneta-Björnskär Department of Informatics and Media October 4, 2012

The principles of media policy The ‘principles’ should be conceived of as ‘the driving force and the desired results of media policy’ (Freedman) Freedom Public interest Pluralism and diversity

Key values of public communication (McQuail, 192) freedom, equality, diversity, truth and information quality, social order and solidarity cultural order.

Article 19, UN declaration of Human rights “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Article 29, UN declaration of Human rights “In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society .”

Article 19, Inernational Covenant on Civil and Political Rights, para 2 “Everyone shall have the right to freedom of expression; this shall include freedom to seek, receive and impart information and ideas of all kinds regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”

Article 19, International Covenant on Civil and Political Rights, para 3 “The exercise of the right provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights of and reputation of others; (b) For the protection of national security or of public order, or of public health or morals.”

Article 20, International Covenant on Civil and Political Rights “(1) Any propaganda for war shall be prohibited by law (2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law..”

The levels of media operation Structure Conduct Performance

Freedom at the level of structure: absence of censorship and government control, equal right to communicate and access channels of expression, independence from owners and interest groups, competitiveness of the system, freedom for news media to obtain information at the level of performance: active and critical editorial policy, diversity of opinion and information, investigative and watchdog role on behalf of the public, independence, originality and creativity, reliability.

J.S. Mill, 1859, On Liberty “The peculiar evil of silencing the expression of an opinion is that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.”

The First Amendment of the US constitution: ‘Congress shall make no law… abridging the freedom of speech, or of the press’. FCC’s fairness doctrine, 1969: the right of the viewing and listening public is paramount, the FA is to preserve an uninhibited market- place of ideas.

Rights Natural rights - founded in philosophy - often seen as general and unlimited Legal rights - connected to legal procedure and forms - often seen as precise and delimited - claim that is recognized by the law Is free speech a natural right or a legal right?

Why protect free speech? The truth rationale - to find truth - to find accurate judgments The self-fulfillment and autonomy rationale - to develop individual capacities - to do this in an autonomous way - to express this… The democracy rationale - to understand political issues - to participate fully in politics

For discussion media freedom is not an absolute principle, but an instrumental right that should be claimed only insofar as it promotes socially desirable values (Freedman, 63).

Absolute freedom: limitations and controversies national security individual right to publish or a collective right of the press as a political institution freedom from - freedom to: neo-liberal vs. participatory interpretations of the FA private interests & public interest

Public interest 1934 Communications Act and the creation of Federal Communications Commission to regulate the airwaves ‘in the public interest, convenience, or necessity’ Majoritarian vs. unitarian concept of public interest - a common good or consumer sovereignty and market competition? Neo-liberal media responsibility and self-regulation vs. pluralist public interest. Public interest or public service?

Public interest criteria for media (McQuail, 165) Structure: Freedom of publication, plurality of ownership, extensive reach, diversity of channels and forms Content Diversity of information, opinion and culture, supportive of public order and the law, high quality of information and culture, supportive of the democratic political system (public sphere), respective of international obligations and human rights, avoiding harm to society and individuals

Media pluralism and diversity Definitional confusion – pluralism = diversity, pluralism = independence & competition, diversity = variability in response to social difference diversity of media structure vs. performance Neo-liberal turn: Between pluralism of sources and diversity of content – competition & choice vs. content regulation