Papers by herdís þorgeirsdóttir
Making Peoples Heard
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Religion & Human Rights, 2006
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There is much tension between the conception of the press as a private enterprise subject to the ... more There is much tension between the conception of the press as a private enterprise subject to the logic of the market and the press as an instrument of democracy. One of the broken promises of democracy is the failure of the market in guaranteeing a vigorous political debate. The European Court of Human Rights has ascribed to the press the vital role of Public Watchdog, making it incumbent on it to bring fulfilment to the public’s right to know. The subject of this study is ‘freedom within the press’, the nature and limits of the protection afforded to the journalistic imparting process, which has been a neglected area of research. How are journalists to carry out the fiduciary duty of the press when the situation within the media is like an ‘iron cage’, reflected in the vast power asymmetry between the press as a corporate actor with immense power to shape public opinion and the Public Watchdog composed of individual journalists whose professional freedoms are wholly dependant on co...
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Brill | Nijhoff eBooks, 2005
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Foreword Acknowledgements Introduction I Subject and Terminology II Method III Scope IV Purpose P... more Foreword Acknowledgements Introduction I Subject and Terminology II Method III Scope IV Purpose PART I THE EUROPEAN CONVENTION AND ITS PUBLIC WATCHDOG Introduction Chapter 1: Article 10 and the Press Chapter 2: The Democratic Right to Receive Chapter 3: Opinion, Journalism and Dignity Chapter 4: The Vital Role of Imparting PART II FREEDOM WITHIN THE MEDIA: THE DILEMMA OF AN 'IRON CAGE' Introduction Chapter 5: Self-Censorship in Journalism Chapter 6: The Proprietor's Position Chapter 7: The Political Nature of Advertising Chapter 8: Self-Regulation Contested PART III JOURNALISM WORTHY OF THE NAME Introduction Chapter 9: Affirmative Action on the Basis of Article 10 Table of Cases Table of Legislation Bibliography Index.
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Brill | Nijhoff eBooks, 2005
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Brill | Nijhoff eBooks, 2005
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Brill | Nijhoff eBooks, 2005
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BRILL eBooks, Apr 12, 2012
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... Ragnhildur Helgadóttir. This study examines the influence of American law and theories of jud... more ... Ragnhildur Helgadóttir. This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present. ...
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There is much tension between the conception of the press as a private enterprise subject to the ... more There is much tension between the conception of the press as a private enterprise subject to the logic of the market and the press as an instrument of democracy. One of the broken promises of democracy is the failure of the market in guaranteeing a vigorous political debate. The European Court of Human Rights has ascribed to the press the vital role of Public Watchdog, making it incumbent on it to bring fulfilment to the public’s right to know. The subject of this study is ‘freedom within the press’, the nature and limits of the protection afforded to the journalistic imparting process, which has been a neglected area of research. How are journalists to carry out the fiduciary duty of the press when the situation within the media is like an ‘iron cage’, reflected in the vast power asymmetry between the press as a corporate actor with immense power to shape public opinion and the Public Watchdog composed of individual journalists whose professional freedoms are wholly dependant on corporate contexts. The analysis draws strength from the classical defenders of freedom of speech, Milton and Mill, to show that at the dawn of the 21st century, an almost insurmountable obstacle is inherent in the intertwined alliance between big business and public authorities resulting in the widespread phenomena of self-censorship within the media. Instead of enlightening the public and inspiring the individual the press may be conducing to an inert public and individual cowardice antithetical to the objectives of human dignity and democracy. The core of the problem is that prima facie the infringement of freedom within the media is not exercised on legal premises and cannot therefore be solved within the legal framework. The operation of the press in society is conditioned by three types of regulation, legal regulation, market regulation and self-regulation. Legal regulation does not adequately presuppose the impact of the latter as it is based on the assumption that press freedom is mainly a negative liberty. The book explores the affirmative side of Article 10 of the European Convention on Human Rights, which is one of the most advanced forms of any kind of international legal processes, in guaranteeing press freedom that is not merely illusory but practical and effective so that the press can live up to its positive requirements. Convention jurisprudence has not only influenced domestic courts of the Contracting Parties but also the legislators of the Member States. In an era of globalization dominant media operators wield such power in their own domestic markets to impede national regulators in resorting to interventionist media policies to secure journalistic freedoms. The Convention jurisprudence represents a kind of European ius commune, which is here set in context of an analysis reflecting the problems and values at issue and offering recommendations to close the gap between a situation threatening democratic ideals and public-spirited journalism permeating all aspects of society. (Less)
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Journal of Foreign Legislation and Comparative Law, 2021
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Netherlands Quarterly of Human Rights, 2004
In an era of globalisation the significance of large media conglomerates in shaping public opinio... more In an era of globalisation the significance of large media conglomerates in shaping public opinion gets ever more real. The author argues that it is no longer realistic to assert that the best press law is no law at all. The traditional criteria of hands off policy with regard to the media is obsolete not only in light of increased concentration of media power but also with an affirmative reading of Article 10 of the European Convention on Human Rights and the democratic significance of the press as the public watchdog. Legal regulation may be the only safeguard left to counter the market control of the media – more often than not supported by political interests. Supra-national institutions like the Council of Europe and the European Court of Human Rights may be the only forces available to counter the growing impact of big corporations potentially crushing fundamental rights in a parallel manner as many governments were suspected of when the European Convention on Human Rights was...
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Essays in Honour of Göran Melander
This chapter focuses on the role of journalism in the forming of public opinion in light of the E... more This chapter focuses on the role of journalism in the forming of public opinion in light of the European Convention on Human Rights, not least in comparison with other international human rights obligations and U.S. constitutional doctrine. The first part of this chapter analyses whether freedom of opinion entails the right to form an opinion and what this right entails for an individual in society. For this reason the drafting stages of that right are looked into to try to formulate the scope of freedom of opinion in relation to the media. The second part tackles the impact of the media on opinion formation in society and assesses the permissible restrictions on journalism in cases of defamation, group defamation and hate speech. Finally the latent side of discrimination, the silencing effect of discriminatory journalism, is dealt with. Keywords: discriminatory journalism; European convention on human rights; freedom of public opinion; International human rights
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Journalism Worthy of the Name, 2005
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List of Abbreviations Author Biography Text of Article 13 Chapter One: Introduction Chapter Two: ... more List of Abbreviations Author Biography Text of Article 13 Chapter One: Introduction Chapter Two: Comparison with Related Human Rights Provisions Chapter Three: Scope of Article 13 Conclusion: Rethinking innocence?
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Papers by herdís þorgeirsdóttir