Introduction = 1
Subject and Terminology = 1
Method = 6
Scope = 11
Purpose = 14
Part I The European Convention and Its Public Watchdog
Introduction = 21
Article 10 and The Press = 25
A Synopsis of The Substantial Guarantee of Article 10 = 25
The Restriction Clause = 28
Duties and Responsibilities = 33
Article 10 in Relation to Other Convention Provisions = 35
A Comparison With Other Instruments = 40
The Enforcement Mechanisms = 47
The Admissibility Process = 50
Interpreting The Convention = 54
Teleological Interpretation of Object and Purpose = 55
Evolutive Interpretation in Light of Privatization and State Obligation = 58
The Principle of Proportionality = 67
The Margin of Appreciation = 68
The Effectiveness Principle = 77
Conclusion: Sublime Aims = 79
The Democratic Right to Receive = 83
Towards Protecting The Public Interest = 83
Evoking Media Responsibility = 87
The Origin of The Right to Receive = 89
An Effective Political Democracy = 95
Article 3 Protocol 1: Majority Rule and Free Discussion = 96
An Informed Public: a Democratic Entitlement? = 101
Tolerance, Pluralism and Broadmindedness = 104
The State's Role in Fostering Public Awareness = 107
Information Acts and Transparency = 114
Regulation of Broadcasting and Democratic Values = 117
Broadcasting Under The Convention = 118
Public Service Broadcasting = 121
Access to Broadcasting = 127
The Divergent Legal Treatment of Broadcasting and Print Media = 132
The New Information Technologies and Democracy = 137
Economic Disparities and The Right to Receive = 140
Lex Internet = 143
Conclusion: Social Cohesion and a Coherent Legal Framework? = 146
Opinion, Journalism and Dignity = 151
Freedom of Opinion: a Contested Notion = 152
Journalism and Public Opinion = 156
The Right Not to Be Mislead = 159
The Duty to Form An Opinion and Express It without Reserve = 165
Dignity and Self-realization = 173
Hate-speech: Defamation and Discrimination = 176
Prohibition in Public International Law = 179
Holocaust Denial = 183
The Chilling Effect: Jersild V. Denmark = 184
The Silencing Effect of Discriminatory Journalism = 186
Sexism in Journalism = 193
Children: Protection Against Exploitation = 194
Conclusion: a Media Practicing (in)equality? = 199
The Vital Role of Imparting = 205
An Organized Business Called The Press = 205
The Nature of The Modern Press = 211
Enhanced Expectations and Conflict of Interests = 215
The Fiduciary Duty = 220
The Public Watchdog = 226
Investigative Journalism = 229
Safeguards = 234
The Question of Extra Legal Protection = 237
Access to Information = 238
Protection of Confidentiality of Sources = 248
Authors' Rights = 254
Whistleblowers and Dissidents' Status = 257
Conclusion: Empty, Rhetorical Testimonials? = 270
Part Ii Freedom Within The Media: The Dilemma of An `iron Cage'
Introduction = 277
Self-censorship in Journalism = 279
Declining Standards = 279
Integration of Journalism Into Business Enterprises = 282
Self-censorship: Not a Legal Wrong? = 285
Case of Hewitt and Harman V. The United Kingdom = 294
Fighting Fear and Timidity = 297
The Requisite to Conform to Get The Job = 303
Defencelessness in The Workplace = 310
Professional Regulation of Journalism = 313
Market-regulation of Journalism = 317
The Inter-american Court of Human Rights' Opinion on The Dilemma = 319
Legitimating The Status of Journalism Under The Convention = 323
Legal Trends Towards Professional Responsibility = 333
Recommendation: Journalism As An Authorized Profession = 336
The Proprietor's Position = 343
Internal Pressures Must Be Guarded Against = 344
Is Freedom Within The Press a Political Price? = 349
The Proprietor's Position Vis-a-vis The Public (wabl V. Austria) = 353
Entrepreneurial Objectives Under Article 10 = 357
Liability Implicating Owners = 359
Economic Concerns of Owners = 361
Wealth and Freedom of Expression? = 367
Does Motive Justify Tendency Protection? = 374
The Question of Co-determination Within The Media = 378
Use of Private Property to Promote Public Debate = 382
Duties Imposed on Owners = 382
The Key Position of Publishers = 385
The Right of States to Control The Use of Property = 389
Recommendation: Subsidies in Sequence to Legislation = 391
The Political Nature of Advertising = 397
Identification of Commercial Speech = 398
The Role of Advertising = 402
The Chilling Effect of Advertisers = 406
The Convention on Transfrontier Television = 410
Advertising Under The Ectt = 415
Subliminal and Surreptious Advertising = 417
Indirect Economic Pressure = 419
Editorial Responsibility = 421
Contending Values and Convention Case-law = 423
Competition Or Journalism? = 428
The Political Nature of Advertising: a New Departure? = 432
Us Approach to Corporate Speech = 437
Recommendation: Prohibition of Editorial Advertising = 440
Self-regulation Contested = 447
The Regulatory Environment of Journalism = 449
The Objectives of Self-regulation = 457
The Means of Self-regulation = 461
Codes of Conduct = 461
Press Councils = 463
Sanctions = 466
Compatibility of Self-regulation With Article 10 = 467
Self-regulation in Promoting The Public Interest = 471
Available Remedies to Journalists = 476
Conscience and Conduct = 476
Clause of Conscience = 478
Claiming a Right = 481
Drittwirkung = 485
Recommendation: `there-ought-to-be-a-law' = 489
Part Iii Journalism Worthy of The Name
Introduction = 495
Affirmative Action on The Basis of Article 10 = 497
There Is An Obligation and It Can Be Breached = 497
Why The State? = 502
The Symbiosis of The Rights of Others and Democracy = 507
Affirmative Action to Resist The Decline in Press Freedom = 512
Conclusion: Law Liberates = 516
Table of Cases = 523
Table of Legislation = 533
Bibliography = 537
Index = 555
Subject and Terminology = 1
Method = 6
Scope = 11
Purpose = 14
Part I The European Convention and Its Public Watchdog
Introduction = 21
Article 10 and The Press = 25
A Synopsis of The Substantial Guarantee of Article 10 = 25
The Restriction Clause = 28
Duties and Responsibilities = 33
Article 10 in Relation to Other Convention Provisions = 35
A Comparison With Other Instruments = 40
The Enforcement Mechanisms = 47
The Admissibility Process = 50
Interpreting The Convention = 54
Teleological Interpretation of Object and Purpose = 55
Evolutive Interpretation in Light of Privatization and State Obligation = 58
The Principle of Proportionality = 67
The Margin of Appreciation = 68
The Effectiveness Principle = 77
Conclusion: Sublime Aims = 79
The Democratic Right to Receive = 83
Towards Protecting The Public Interest = 83
Evoking Media Responsibility = 87
The Origin of The Right to Receive = 89
An Effective Political Democracy = 95
Article 3 Protocol 1: Majority Rule and Free Discussion = 96
An Informed Public: a Democratic Entitlement? = 101
Tolerance, Pluralism and Broadmindedness = 104
The State's Role in Fostering Public Awareness = 107
Information Acts and Transparency = 114
Regulation of Broadcasting and Democratic Values = 117
Broadcasting Under The Convention = 118
Public Service Broadcasting = 121
Access to Broadcasting = 127
The Divergent Legal Treatment of Broadcasting and Print Media = 132
The New Information Technologies and Democracy = 137
Economic Disparities and The Right to Receive = 140
Lex Internet = 143
Conclusion: Social Cohesion and a Coherent Legal Framework? = 146
Opinion, Journalism and Dignity = 151
Freedom of Opinion: a Contested Notion = 152
Journalism and Public Opinion = 156
The Right Not to Be Mislead = 159
The Duty to Form An Opinion and Express It without Reserve = 165
Dignity and Self-realization = 173
Hate-speech: Defamation and Discrimination = 176
Prohibition in Public International Law = 179
Holocaust Denial = 183
The Chilling Effect: Jersild V. Denmark = 184
The Silencing Effect of Discriminatory Journalism = 186
Sexism in Journalism = 193
Children: Protection Against Exploitation = 194
Conclusion: a Media Practicing (in)equality? = 199
The Vital Role of Imparting = 205
An Organized Business Called The Press = 205
The Nature of The Modern Press = 211
Enhanced Expectations and Conflict of Interests = 215
The Fiduciary Duty = 220
The Public Watchdog = 226
Investigative Journalism = 229
Safeguards = 234
The Question of Extra Legal Protection = 237
Access to Information = 238
Protection of Confidentiality of Sources = 248
Authors' Rights = 254
Whistleblowers and Dissidents' Status = 257
Conclusion: Empty, Rhetorical Testimonials? = 270
Part Ii Freedom Within The Media: The Dilemma of An `iron Cage'
Introduction = 277
Self-censorship in Journalism = 279
Declining Standards = 279
Integration of Journalism Into Business Enterprises = 282
Self-censorship: Not a Legal Wrong? = 285
Case of Hewitt and Harman V. The United Kingdom = 294
Fighting Fear and Timidity = 297
The Requisite to Conform to Get The Job = 303
Defencelessness in The Workplace = 310
Professional Regulation of Journalism = 313
Market-regulation of Journalism = 317
The Inter-american Court of Human Rights' Opinion on The Dilemma = 319
Legitimating The Status of Journalism Under The Convention = 323
Legal Trends Towards Professional Responsibility = 333
Recommendation: Journalism As An Authorized Profession = 336
The Proprietor's Position = 343
Internal Pressures Must Be Guarded Against = 344
Is Freedom Within The Press a Political Price? = 349
The Proprietor's Position Vis-a-vis The Public (wabl V. Austria) = 353
Entrepreneurial Objectives Under Article 10 = 357
Liability Implicating Owners = 359
Economic Concerns of Owners = 361
Wealth and Freedom of Expression? = 367
Does Motive Justify Tendency Protection? = 374
The Question of Co-determination Within The Media = 378
Use of Private Property to Promote Public Debate = 382
Duties Imposed on Owners = 382
The Key Position of Publishers = 385
The Right of States to Control The Use of Property = 389
Recommendation: Subsidies in Sequence to Legislation = 391
The Political Nature of Advertising = 397
Identification of Commercial Speech = 398
The Role of Advertising = 402
The Chilling Effect of Advertisers = 406
The Convention on Transfrontier Television = 410
Advertising Under The Ectt = 415
Subliminal and Surreptious Advertising = 417
Indirect Economic Pressure = 419
Editorial Responsibility = 421
Contending Values and Convention Case-law = 423
Competition Or Journalism? = 428
The Political Nature of Advertising: a New Departure? = 432
Us Approach to Corporate Speech = 437
Recommendation: Prohibition of Editorial Advertising = 440
Self-regulation Contested = 447
The Regulatory Environment of Journalism = 449
The Objectives of Self-regulation = 457
The Means of Self-regulation = 461
Codes of Conduct = 461
Press Councils = 463
Sanctions = 466
Compatibility of Self-regulation With Article 10 = 467
Self-regulation in Promoting The Public Interest = 471
Available Remedies to Journalists = 476
Conscience and Conduct = 476
Clause of Conscience = 478
Claiming a Right = 481
Drittwirkung = 485
Recommendation: `there-ought-to-be-a-law' = 489
Part Iii Journalism Worthy of The Name
Introduction = 495
Affirmative Action on The Basis of Article 10 = 497
There Is An Obligation and It Can Be Breached = 497
Why The State? = 502
The Symbiosis of The Rights of Others and Democracy = 507
Affirmative Action to Resist The Decline in Press Freedom = 512
Conclusion: Law Liberates = 516
Table of Cases = 523
Table of Legislation = 533
Bibliography = 537
Index = 555