The First Amendment to the US Constitution protects the freedom of the press, a critical element in a democracy. Not only does free media function as a watchdog against wrongdoings, but it is also a platform and a vehicle of ideas. However, in our modern world, how can we guarantee freedom of the press while limiting hate speech?
IBarometer for a free press
1 An American principle
The First Amendment to the US Constitution (1791) is a key component to the American system of checks and balances. It guarantees the freedom to air diverse points of view and to make governments accountable for their actions.
For instance The New York Times has been involved in two historic Supreme Court cases: New York Times Co. v. Sullivan (1964) and the Pentagon Papers (1971).
info
This landmark Supreme Court ruling established that the freedom of speech protected by the First Amendment restricts the ability of American public officials to sue for defamation.
2 Challenges in the Commonwealth
The British press appeared as early as the 16th century and the first regular daily newspaper was launched in 1702. Despite this long tradition of inquisitive press, the UK does not have any constitutional guarantee.
Sarcasm and satires have been historical modes of expression to display criticism of the British government. A feeling of hostility and suspicion towards journalists has emerged under Boris Johnson’s government, with repeated verbal attacks or ways to prevent journalists from asking questions during press conferences.
Despite the fact that the Commonwealth Charter (2013) commits the different member countries to the free flow of information, some countries are facing challenges. Media watchdogs have red-flagged India as one of “the most dangerous countries in the world”.
IIA vehicle of ideas
1 Are there limits to the freedom of the press?
Freedom of the press could at times lead to fake news and the proliferation of hate speech, negationism (or denialism), xenophobic or sexist comments on different platforms, especially on the Internet.
In the United States, such statements are covered by the First Amendment: defamation and hate speech are thus not regulated.
The press’s apparent unbiased stand is questioned by big media owners such as Rupert Murdoch. They have the power to influence public opinion drastically, which allows for a misrepresentation of the truth.
2 New platforms, new rules?
The Internet journalists face closer scrutiny and even repression in some authoritarian regimes. Reporters Without Borders defends the idea that rights granted offline should also be applied for the Internet.
info
Reporters Without Borders (RWB) is an international NGO that believes freedom of the press is a fundamental right.
On July 19, 2021 the American DOJ (Department of Justice) adopted a policy prohibiting the use of surveillance on journalists. This is a huge victory for ensuring press freedom and journalists’ investigative work.
Zoom
Freedom of the Press Worldwide in 2021
This map – published by Reporters Without Borders every year – ranks the countries from top to bottom in their respect of the freedom of the press and the free access to information. The 2021 data collection shows a clear deterioration of people’s access to information.
It is surprising to see that the UK is ranked 33 and the US 44 (in light green). This map also clearly shows that some countries from the Commonwealth are not well ranked either: Pakistan and India (in orange) are respectively 146 and 142 out of 180, Nigeria and Zimbabwe (in orange) are 120 and 130.
➞ Find out more about Reporters Without Borders: bit.ly/PbacAMC1re_4a