It is the mass media that make the exercise of freedom of expression a reality.4
The words of the Inter-American Court of Human Rights succinctly state a principle that is now universally acknowledged in international law. The exercise of freedom of expression in a democracy has little meaning if it can only be exercised on an individual level. Freedom of expression is not only about what you are allowed to tell your neighbour - or to hear from him or her. Crucially it is to do with the expression of facts and opinions and receiving of information through the media.
The international tribunal that has gone furthest in developing this approach is the European Court of Human Rights. It has concluded that media freedom is vital for keeping citizens informed:
Freedom of the press affords the public one of the best means of discovering and forming an opinion of the ideas and attitudes of their political leaders. In particular, it gives politicians the opportunity to reflect and comment on the preoccupations of public opinion; it thus enables everyone to participate in the free political debate which is at the very core of the concept of a democratic society.4
The media inform the public about matters of public interest and act as a watchdog over government:
it is ... incumbent on [the press] to impart information and ideas on matters of public interest. Not only does it have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of 'public watchdog'.3
According to the European Court, then, there are two aspects to this democratic role of the media: to inform the public and to act as a watchdog of government. This role does not impose particular duties on any particular newspaper or broadcasting station. Rather it imposes a duty on governments to ensure that the media are able to carry out these functions. This principle clearly has practical implications in the election context.
Governments may regulate the technical aspects of broadcasting, according to the European Court. Frequencies should be allocated in a fair and non-discriminatory manner. The media are subject to the law of the land - in matters such as defamation or incitement - but as a general rule governments may not restrict the contents of the media.
