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Media Divides offers a comprehensive democratic audit of communications law and policy. Using the concept of communications rights as a framework for analysis in five key domains – media, access, the Internet, privacy, and copyright – leading analysts reveal that Canada’s failure to respond adequately to a host of pressures and developments has left its citizens with unequal access to the nation’s communications system and the freedom of expression it promises. Media Divides not only offers the first up-to-date account of the democratic deficits in Canada’s communications policy, it formulates recommendations – including the establishment of a Canadian right to communicate – for the future.
The concept of communication rights forms an important part of current debates on media and the Internet. This chapter explores several sources for the concept: the “right to communicate” as a human right, the project for a New World Information and Communications Order (NWICO), and the medium-focused scholarship of Harold Innis, among others. The right to communicate is reviewed as a more appropriate approach to the regulation of media and technology than existing concepts of freedom of expression, particularly as incorporated in the First Amendment to the US Constitution. The reasons for the “failure” of the NWICO and UNESCO's MacBride Commission are considered, as are alternative approaches to the First Amendment itself, including Barron's “access” reasoning and the use of common carriage obligations.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.