A Right to Media? Lorie M. Graham - Columbia Law School

2010] A RIGHT TO MEDIA? 445
guarantees of respect for the rights to freedom of expression and
information lies in the existence of independent media, electronic and
print, in which ownership is diversified.” 52 The Special Rapporteur
has listed several fundamental steps that may enhance the right to
seek, receive, and impart information through media. These include
avoiding a monopoly or concentration of ownership of media in the
hands of a few; developing a plurality of viewpoints and voices in the
media; having state-owned media report on all aspects of national life
while respecting a diversity of viewpoints; and creating clear and
balanced laws to govern the allocation of broadcasting frequencies. 53
The ICCPR 54 along with the International Covenant on
Economic, Social, and Cultural Rights (ICESCR) are two major
treaties that implement these principles. 55 Both contain language to
protect the rights of expression and information, which are in turn
linked to questions of equality and access to media. 56
For instance, Article 19(2) of the ICCPR states that “everyone
shall have the right to freedom of expression; this right shall include
the freedom to seek, receive, and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or print, in the
form of art, or through any other media of his choice.” 57 This
reiterates Article 19 of the UDHR, and creates binding obligations on
state parties to allow the free flow of information. The ICCPR also
states in Article 26 that “all persons are equal before the law and are
entitled without any discrimination to the equal protection of the
law.” 58 This includes all persons having the same level of freedom of
52. Human Rights During Imprisonment, supra note 25, para. 17.
53. ECOSOC, Comm’n on Human Rights, Civil and Political Rights
Including the Question of Freedom of Expression, paras. 101–16, U.N. Doc.
E/CN.4/2001/64/Add.1 (Jan. 23, 2001) (prepared by Mr. Abid Hussain).
54. ICCPR, supra note 36, art. 25.
55. ICESCR, opened for signature Dec. 16, 1966, art. 1, 993 U.N.T.S. 3, 5
(entered into force Jan. 3, 1976).
56. The ICCPR and the ICESCR are meant to be interpreted together,
since civil and political rights (such as freedom of expression) have little value if
people are lacking in basic economic and social rights. See G.A. Res 2200 (XXI),
para. A, U.N. Doc. A/RES/21/2200 (Dec. 16, 1966); see also David Marcus, The
Normative Development of Socioeconomic Rights Through Supranational
Adjudication, 42 Stan. J. Int’l L. 53 (2006) (arguing against the subordination of
socioeconomic rights to civil and political rights as these rights are connected and
interdependent).
57. ICCPR, supra note 36, art. 19.
58. ICCPR, supra note 36, art. 26