Year: 2025
Type: article
Abstract: The article examines the practice of the European Court of Human Rights (hereinafter – ECHR) as a key institution in shaping the standards for the functioning of public media in a democratic society. The primary focus is on analyzing ECHR rulings that define the boundaries of freedom of expression, the principles of opinion pluralism, and guarantees of editorial independence for public media. Based on the analysis of the case «Manole and Others v. Moldova», the issue of political interference in the editorial policy of public media is highlighted, emphasizing the need to ensure its independence. The case «Lentia and Others v. Austria» addresses the inadmissibility of monopolizing the media space and underscores the importance of safeguarding opinion pluralism. In the context of the case «Radio France v. France», the limits of journalists’ liability for disseminating false information and the necessity of adhering to professional standards are examined. Special attention is given to the case «Wojtas-Kaleta v. Poland», which establishes journalists’ right to publicly criticize the programming policy of public media. It has been established that the ECtHR’s practice directly influences the development of national legislation and law enforcement in the media sphere. The article also pays particular attention to the recommendations of the Council of Europe, which, together with judicial practice, form a comprehensive system of standards for the functioning of public media to ensure a balance between freedom of expression and the protection of human rights in the information space. The conclusions emphasize that the state has a positive obligation to ensure the functioning of public media in accordance with democratic standards, guaranteeing impartial news coverage, transparency of media ownership, economic incentives, and the protection of editorial autonomy. It has been determined that the priority tasks for developing a pluralistic media environment include implementing reasonable restrictions on media ownership concentration, alongside the development of a public media system and support for non-commercial information platforms through economic incentives and targeted funding.
Author: Тюря, Ю. І.
Institution: Dnipro University of Technology
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7007066340
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