Freedom of Expression

Media Concentration

Pluralism, Diversity and Freedom of Expression.
Speech by Toby Mendel, Senior Legal Advisor of Article XIX


Special Session of the Permanent Council of the OAS regarding the Right to Freedom of Thought and Expression and the Importance of Communications Media.
Date: April 24, 2009

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Publications

Freedom of Expression Standards for Free and Inclusive Broadcasting (2009)Freedom of Expression Standards for Free and Inclusive Broadcasting (2009) pdf format
This publication shows the guidelines that have been developed by the Inter-American Court and the Inter-American Commission and the Office of the Special Rapporteur for Freedom of Expression, regarding the need for an adequate regulation of the radioelectric spectrum to ensure free, independent, vigorous, plural, and diverse broadcasting, to insure, as a result, the greatest circulation of information and opinions.

A Hemispheric Agenda for the Defense of Freedom of Expression (2009)A Hemispheric Agenda for the Defense of Freedom of Expression (2009) pdf format
This publication, in addition to summarizing the inter-American standards for freedom of expression, recognizes the regional advances achieved in the Americas with respect to the full guarantee of the right to freedom of expression, describes the main difficulties and challenges currently facing the right to freedom of expression in the region, and presents a series of concrete, viable and feasible recommendations that the Office of the Special Rapporteur considers necessary to face these challenges.

This work, completed in 2004, constitutes an initial examination of the problem of concentration in the property of social communications media and its impact on the free circulation of ideas. The report was the consequence of complaints received by the Office of the Special Rapporteur regarding monopolistic and oligarchic practices with regards to communication social media in some of the Member States.
12. Monopolies or oligopolies in the ownership and control of the communication media must be subject to anti-trust laws, as they conspire against democracy by limiting the plurality and diversity which ensure the full exercise of people’s right to information. In no case should such laws apply exclusively to the media. The concession of radio and television broadcast frequencies should take into account democratic criteria that provide equal opportunity of access for all individuals.
The Office of the Special Rapporteur issues joint declarations with the other rapporteurships for freedom of expression, including the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Representative on Freedom of the Media from the Organization for Security and Co-operation in Europe (OSCE) and the Rapporteur for the African Commission on Human and Peoples’ Rights.