cover image: Malaysia    M  - edia Law

Malaysia M - edia Law

20 Jan 2025

the touchstone of all the freedoms to which the United Nations is consecrated.18 The UN Human Rights Committee, the independent body of experts established to monitor and oversee implementation of the ICCPR, has held: The right to freedom of expression is of paramount importance in any democratic society.19 Similarly, the Inter-American Court of Human Rights (IACtHR), which oversees the American C. [...] Chile, the IACtHR found that Chile had breached the right to freedom of expression by failing to take positive steps to guarantee the right of its citizens to access official information: Article 13 of the Convention protects the right of all individuals to request access to State- held information, with the exceptions permitted by the restrictions established in the Convention. [...] When a State party invokes a legitimate ground for restriction of freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of the threat, and the necessity and proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.38 Another good summary of this part of the test. [...] Jurisprudentially, the principle of media diversity derives from the multi-faceted nature of the right which, as noted above, protects not only the right of the speaker (to “impart” information and ideas) but also the right of the listener (to “seek” and “receive” information and ideas).61 In one dimension, this aspect of the right prevents States from interfering with the right of listeners to se. [...] This means that the conditions of its use must conform to the requirements of this freedom, with the result that there must be, inter alia, a plurality of means of communication, the barring of all monopolies thereof, in whatever form, and guarantees for the protection of the freedom and independence of journalists.64 Within the European context, the issue of media diversity as an aspect of the ri.

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Pages
85
Published in
Canada