Book contents
- Democracy of Expression
- Democracy of Expression
- Copyright page
- Contents
- Preface
- 1 Introduction
- 2 Positive Free Speech from Media Studies and Law
- 3 Positive Free Speech and Democracy
- 4 Positive Human Rights and Political Freedom
- 5 US Legal Writing on Positive Free Speech
- 6 German Broadcasting Freedom
- 7 French Freedom of Communication and Pluralism
- 8 Framing Communicative Freedom
- Bibliography
- Index
7 - French Freedom of Communication and Pluralism
Published online by Cambridge University Press: 28 May 2021
- Democracy of Expression
- Democracy of Expression
- Copyright page
- Contents
- Preface
- 1 Introduction
- 2 Positive Free Speech from Media Studies and Law
- 3 Positive Free Speech and Democracy
- 4 Positive Human Rights and Political Freedom
- 5 US Legal Writing on Positive Free Speech
- 6 German Broadcasting Freedom
- 7 French Freedom of Communication and Pluralism
- 8 Framing Communicative Freedom
- Bibliography
- Index
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.
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- Information
- Democracy of ExpressionPositive Free Speech and Law, pp. 170 - 208Publisher: Cambridge University PressPrint publication year: 2021