Freedom of Expression: A critical and comparative analysis

by Zeno-zencovich; Vincenzo

• ISBN13: 9780415466707
• ISBN10: 0415466709
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-08-20
• Publisher: Routledge-Caven

Summary

This book takes a multidisciplinary approach to the issues surrounding freedom of expression, looking at the current legal position in a number of European countries and the EU as well as engaging with the wider debates on the topic amongst sociologists, political scientists and economists.

Author Biography

Vincenzo Zeno-Zencovich is Professor of Comparative Law in the University of Roma Tre, Italy.

Table of Contents

Introduction	p. 1
Freedom to Print or Freedom of the Press?	p. 6
The printing industry	p. 7
Freedom to print	p. 8
Limits to freedom to print and freedom of the press	p. 11
The distinction between individual and corporate exercise	p. 12
Distinctions based on the content of what is expressed	p. 13
Information as a product	p. 13
Facts vs. opinions	p. 14
A framework for informational activity	p. 15
The press as power	p. 17
The myth of public opinion	p. 20
Broadcasting	p. 23
Control over broadcasting media	p. 23
Pluralism	p. 26
Broadcasting as an entertainment industry	p. 30
Broadcasting and public service	p. 32
Television as a 'bad teacher'	p. 34
Television and televisions	p. 38
TV broadcasting and political communication	p. 40
Journalistic Activity	p. 42
Journalism as an occupation	p. 42
Access to the profession	p. 44
Informational privileges	p. 45
Journalists and professional diligence	p. 47
Freedom of Expression as an Alienable Right	p. 51
The issue of so-called 'inalienable rights'	p. 51
The obligation to express a certain opinion	p. 54
The obligation not to express one's own opinions	p. 56
Advertising	p. 58
Advertising as part of the product	p. 58
Commercial advertising as part of the market	p. 59
'Harmful' ideas	p. 61
Advertising as a means of financing freedom of expression	p. 62
Freedom of Expression and Economic Regulation	p. 65
Ideas as products	p. 66
Business information	p. 68
Information and competition	p. 70
Market failures and public regulation	p. 75
The Main Areas of Conflict: Pornography, Peaceful Coexistence, National Security	p. 80
Freedom of expression and public morality	p. 80
Incitement and 'fighting words'	p. 83
National security and wartime	p. 85
Towards a European Framework?	p. 89
A civil law/common law divide	p. 89
The making of a European ius commune	p. 90
The role of the Council of Europe	p. 92
The 'TV without frontiers' Directive	p. 93
'Freedom of the media' in the European Charter of Fundamental Rights	p. 94
Pluralism and media diversity	p. 96
The fruits - and contradictions - of convergence	p. 97
Freedom of Expression in the Internet Age	p. 99
Freedom of expression as an individual freedom	p. 100
The media and the loss of their intermediary role	p. 101
A world of information	p. 102
Rules for communicating on the web	p. 103
How the communications networks influence freedom of expression	p. 105
Limitations to freedom on the Internet	p. 107
Business activity on the Internet	p. 109
The trans-national dimension	p. 110
From Information, to Communication, to Knowledge	p. 113
Freedom to disseminate data	p. 113
The right to access information	p. 115
The right to be informed	p. 116
Legal information as a right	p. 118
The juridification of information and knowledge	p. 119
Patents law	p. 120
Software protection	p. 120
Database protection	p. 120
Protection of know-how	p. 120
Copyright	p. 121
Industrial secrets	p. 121
Protection of personal data	p. 121
The knowledge society	p. 123
Conclusive Remarks	p. 125
Freedom of expression as a variable freedom	p. 125
A relational freedom	p. 126
A functional freedom	p. 127
An individual freedom	p. 129
A freedom at a cost	p. 130
References	p. 132
Index	p. 146
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