Theory and Doctrine of ‘Media Freedom’ as a Legal Concept

Abstract

The evolution of the blogosphere, the phenomenon of media convergence, and the reputed decline of the traditional media in both its public influence and in its quality, raise questions as to whether the media should still be endowed with special privileges, what its duties and responsibilities are, and what 'the media' actually is. The objective of the article is to develop a theoretical and doctrinal framework for the definition and treatment of 'the media' as a legal concept. In order to set the right incentives for journalists and media entities to behave in a prudent and diligent manner, the article argues in favour of a functional and content-based approach as a third way between statutory regulation and media self-regulation. Rather than arguing that because a person or institution is to be categorised as 'journalist' or 'media' they enjoy certain privileges and have to abide by standards of conduct, the article suggests that if a person or institution contributes to matters of public interest in accordance with certain standards of conduct, then they are to be conceived of as media and should enjoy special privileges.