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Media freedom in the age of online platforms

Koltay, András (2024) Media freedom in the age of online platforms. E-Pública Revista Eletrónica de Direito Público, 11 (3). pp. 4-26. ISSN 2183-184X

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Abstract

This paper examines three distinct but closely related issues of contemporary media freedom. The first of these is the elements of the “traditional” concept of media freedom and how it differs from freedom of expression. The paper introduces the question of the additional rights granted to the media, and discusses the prevailing approach in Europe to the constitutional role and social responsibility of the media and its regulatory implications. The paper also deals with the similarities and differences between online platforms and traditional media, the ways in which these platforms restrict freedom of expression and media freedom, and the implications for European regulation. European legislation forces platforms to take action against illegal user content. It also allows them to create private speech codes, and enforce them against their users (private regulation). The prioritisation activity of platforms is also a key determinant of how users perceive the content that is potentially available to them. The activities of platforms and traditional media differ in a number of respects, but given their similar characteristics, in particular their role in the public sphere, the regulation of these media should also have similar objectives, in order to ensure access to information, equality of speakers, and equality of opinion. The paper also presents legislative responses to the direct conflict between platforms and media freedom. This occurs when platforms apply their moderation activities against a media outlet.

Item Type: Article
Uncontrolled Keywords: media freedom; media regulation; Platform regulation; Digital Services Act;
Subjects: K Law / jog > K Law (General) / jogtudomány általában
Q Science / természettudomány > QA Mathematics / matematika > QA76.16-QA76.165 Communication networks, media, information society / kommunikációs hálózatok, média, információs társadalom
SWORD Depositor: MTMT SWORD
Depositing User: MTMT SWORD
Date Deposited: 08 Jan 2025 14:23
Last Modified: 08 Jan 2025 14:23
URI: https://real.mtak.hu/id/eprint/213146

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