Media freedom in the age of online platforms

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.