Private regulation and freedom of expression

Abstract

Freedom of expression as a constitutional right is common to European countries. The scope of application of this right is defined through the jurisprudence of domestic and European courts (European Court of Human Rights and the Court of Justice of the European Union), an ongoing process that determines not only the boundaries of freedom of expression but also its implications for media regulation. This article builds on this jurisprudence, constitutional principles, and the qualitative data provided by the MEDIADEM project to understand what freedom of expression entails from a regulatory perspective and whether international and national, notably constitutional, instruments establish criteria that govern how the regulatory space can, or should, be partitioned between public and private spheres of operation.