Freedom of Media

Abstract

This chapter explains that in a number of jurisdictions, freedom of media is treated as a subset of freedom of speech. It is speech amplified by technical means such as print or electromagnetic waves. Like freedom of speech, it is conceived as an individual right of the speaker. It is also regarded as a right of the owners of media, even if they do not speak themselves, because they may determine what is published and what is not. However, freedom of media should be regarded as a distinct right. Both rights share the quality of communicative rights, but they refer to different types of communication, individual communication and mass communication. When the early constitutions were adopted, no other means of mass communication than the press existed. Younger constitutions mention broadcasting, but did not foresee the emergence of television; even very recent constitutions remain silent regarding the internet. However, only an extremely crude textualist or originalist would conclude that media not explicitly mentioned in the constitution are not protected against government intrusion. ‘Press’ is a subcategory of the broader notion of ‘media of mass communication’ and thus open for the inclusion of newly emerging media without a constitutional amendment being necessary.