Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-42gr6 Total loading time: 0 Render date: 2024-04-18T16:17:17.696Z Has data issue: false hasContentIssue false

7 - French Freedom of Communication and Pluralism

Published online by Cambridge University Press:  28 May 2021

Andrew T. Kenyon
Affiliation:
University of Melbourne School of Law
Get access

Summary

French law counters the idea that positive dimensions of free speech are not part of the freedom, or that media pluralism is distinct from free communication. Instead, protecting pluralism is central to French constitutional law. The approach echoes ideas of sustained plural public speech raised in earlier chapters. French law aims for an effective freedom for recipients. For people to express opinions that have political effect, as is said to occur in a democracy, people must be able to form opinions first. Democracy depends on plural public speech, involving multiple diverse outlets and transparency over information sources and financing. The French example is interesting for what it says about free speech and democracy, but what the requirements actually amount to is less than expected. A great deal of detail is left to actors beyond courts. In part, this reflects French traditions of protecting rights, although they are changing. Overall, strong statements about pluralism do not translate into as precise or demanding constitutional requirements as they might, but trends to date suggest more could eventuate.

Type
Chapter
Information
Democracy of Expression
Positive Free Speech and Law
, pp. 170 - 208
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×