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Free and Regulated Press: Defending Coercive Independent Press Regulation [Kietas viršelis]

(University of Leeds, UK)
  • Formatas: Hardback, 328 pages, aukštis x plotis: 234x156 mm, weight: 660 g
  • Išleidimo metai: 28-May-2020
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509927239
  • ISBN-13: 9781509927234
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 328 pages, aukštis x plotis: 234x156 mm, weight: 660 g
  • Išleidimo metai: 28-May-2020
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509927239
  • ISBN-13: 9781509927234
Kitos knygos pagal šią temą:

This thought-provoking monograph provides a systematic, philosophically-grounded reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society.

Why do we say the printed press has a duty to act as a public watchdog when there is no legally enforceable apparatus by which to ensure it does? Why does government constantly recommend that the press regulate itself when history shows this model always fails? Why do victims of press malfeasance continue to suffer needlessly?

By deconstructing the accepted view of press freedom and mandatory regulation, this book shows that both are deeply misunderstood. The prevailing notion that the press must serve the public is an empty relic of Victorian ideology that is both philosophically incoherent and legally unjustifiable. The press is obliged to make good, not do good.

Recenzijos

The merits of this volume are numerous. The liberation of the press from its public interest obligations promotes purity of doctrine, which can focus individual legal systems even more on the freedom of debate in public affairs. At least as important is the parallel statement that the reader has a responsibility to be properly informed and cannot expect it from a press regulatory body, and that the democratic public sphere is thus made up of the efforts of many participants readers, advertisers, journalists, and publishers. The recognition of the multifaceted nature of the freedom of the press is also an important insight, as a result of which it may be worth rethinking some of the theoretical foundations of the freedom of the press. In addition, the volume argues convincingly that coercivethat is, statutoryregulation in the field of the press is not incompatible with protecting freedom of the press. The author thus successfully shakes up dead dogmas. Mill himself would be proud. -- Andrįs Koltay, National University of Public Service, Budapest * Public Law * Wragg's forensic examination of the fuzziness surrounding the concept of press freedom makes the book a must-buy for university reading lists. -- Mark Hanna, Emeritus Fellow, Sheffield University * British Journalism Review * This is an important book. It is a fine example of the contribution to legal thinking that only academic writers can make. Wragg fulfils his promise to rethink ideas to which the courts and other commentators repeatedly refer, but which they do not explain. -- Michael Tugendhat * Communications Law * A novel, critical, and comprehensive reassessment of the normative underpinnings of press freedom A Free and Regulated Press will undoubtedly have a major influence on scholarship (and perhaps even policy) on the rationale for and boundaries of press freedom. At the very least, it raises the bar that needs to be met by those who seek to defend the classical normative conception of press freedom and the justifications for its protection from any form of regulation whatsoever. -- Jelena Gligorijevic * Sydney Law Review * Wraggs bookimpressive in both scope and depth of analysisis set to make a timely, novel, and much-needed contribution to the international press-regulation literature and to spur important debates about the basic values that undergird our thinking in the field. In a scholarly space in which much of even the best work is rooted in outcome preference or policy particulars, this manuscript offers a refreshing intellectual integrity and tackles the much larger and more important task of examining the core philosophical foundations of our most pressing media-freedom questions. I anxiously await it as a reference that I am sure I will cite with frequency, and I know for certain I am not alone in this assessment. * RonNell Andersen Jones, Professor of Law, University of Utah * In A Free and Regulated Press, Paul Wragg offers an original theoretical perspective that challenges a widely held understanding of media freedom. The book then sets out a fresh rationale for press regulation that is rooted in accountability. This is an important contribution to the literature on media freedom, which will interest media scholars and provide an important reference in future debates on media policy. * Jacob Rowbottom, Professor of Law, University of Oxford * In both its breadth and its depth, this intellectual tour de force of press freedoms history of ideas is unrivalled in legal literature... This book makes a strong and convincing contribution to the debate on freedom of the press and its limits. It will hopefully not only receive the academic praise it deserves, but also the attention of policymakers and practitioners. Anyone working in the area of press freedom and regulation must engage with Paul Wraggs ideas and observations. Failing to do so would be an inexcusable omission. * Jan Oster, Assistant Professor of EU Law and Institutions, Universiteit Leiden * Paul Wraggs fresh and exciting take on the subject refocuses our attention on the harm the press does to victims and the need to find a meaningful regulatory solution. * Gavin Phillipson, Professor of Public Law and Human Rights, University of Bristol *

Daugiau informacijos

Timely and novel examination of the legitimacy of a coercive scheme of independent press regulation and its compatibility with the notion of press freedom.
Preface vii
A Note on Libertarianism and Liberalism ix
Acknowledgements xiii
Preamble 1(22)
PART I RATIONALE
1 Unity in Press Freedom Theory
23(29)
I Introduction
23(1)
II The Modern View
24(7)
A Introduction
24(2)
B Political Commentary
26(2)
C Legal Commentary
28(2)
D Conclusion
30(1)
III The Teleological View in its Historical Context
31(18)
A Introduction
31(2)
B The Romantic Period
33(6)
C The Ideological Period
39(6)
D The Critical Period
45(4)
IV Conclusion
49(3)
2 Division in Press Regulatory Theory
52(31)
I Introduction
52(1)
II Press Regulation in Practice
53(8)
A The Divergence in Regulatory Design
53(4)
B The Problem of Enforcement
57(4)
III The Ideological Divide Over Press Regulation
61(10)
IV The Press Reform Debate and its Discontents
71(7)
A Plurality
71(4)
B Impartiality
75(3)
V Conclusion
78(5)
PART 2 RIGHT
3 Duty
83(27)
I Introduction
83(2)
II Duty as a Legal Claim
85(10)
III Duty as a Moral Justification
95(13)
IV Conclusion
108(2)
4 Responsibility
110(26)
I Introduction
110(2)
II Burdens for Benefits
112(7)
III Responsibilities Curbing Misuse of Power
119(10)
IV Professionalism and the Dualism of Responsibility
129(4)
V Conclusion
133(3)
5 Accountability
136(37)
I Introduction
136(2)
II Mill's Argument from Truth
138(7)
III Liberty, Rationality, and the Press
145(10)
IV The Accountability Model Outlined
155(9)
V Liberty and the Press
164(5)
VI Conclusion
169(4)
PART 3 REGULATION
6 Society
173(24)
I Introduction
173(1)
II The Meaning of Accuracy
174(8)
III The Harm of Inaccuracy
182(7)
IV The Limits of Accuracy Regulation
189(6)
V Conclusion
195(2)
7 Victims
197(33)
I Introduction
197(3)
II Content
200(7)
III Conduct
207(14)
A Introduction
207(1)
B Unwanted Contact
208(8)
C Covert Conduct
216(5)
IV Public Interest Expression
221(7)
V Conclusion
228(2)
8 Readers
230(25)
I Introduction
230(1)
II Consumer Protection
230(11)
III Autonomy and Automatons
241(10)
IV Conclusion
251(4)
PART 4 REALISATION
9 How?
255(23)
I Introduction
255(3)
II Terminal Failings in the Contractual Model
258(5)
III Statutory Regulation, Press Freedom, and Pareidolia
263(9)
A The Threat of Statutory Regulation: A Paradox
263(4)
B Statute as the Source of Regulatory Power
267(5)
IV Sanctions
272(4)
V Conclusion
276(2)
10 Why?
278(15)
I Introduction
278(1)
II Why Regulate the Press?
278(5)
III Why Regulate the Press?
283(4)
IV Why Not?
287(6)
Index 293
Paul Wragg is Professor of Law at the University of Leeds.