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

456 COLUMBIA HUMAN RIGHTS LAW REVIEW [41:429
been found to be compatible with freedom of expression as contained
in Article 19 of the ICCPR, which carries with it special duties and
responsibilities. 99 Further, the Special Rapporteur on the Promotion
and Protection of the Right to Freedom of Expression and Opinion
states that the special duties and responsibilities under Article 19
obligate opinion-makers not to abuse their power at the expense of
others and obligate the state to interfere in such cases where the
rights of others are violated. 100 Additionally, under Article 19(3),
states are obligated to take action in those instances “where a
concentration of the media threatens the diversity of opinion or the
access to published opinion.” 101 As the Rapporteur explains, Article
19 references “special duties and responsibilities . . . for the purpose
of offering States the possibility to counter such abuse of power by
mass media.” 102 Moreover, “respect for the rights and reputations of
others” under Article 19(3) might well justify restrictions aimed at
promoting the right to non-discrimination. 103
Thus, in furtherance of this right to media, the rights of
freedom of expression, information, and non-discrimination need to
be interpreted in a manner that ensures their effective interplay, but
that is also consistent with the overall aims of each of these rights. A
similar duty to respect and ensure the rights and freedoms of others
is articulated in Article 46(2) of the UNDRIP. 104
2. Role of Media in Preservation and Transmission of
Language and Culture
Article 27 of the ICCPR reinforces the right to seek and
receive information, and is of particular relevance to indigenous
peoples. This Article declares that in “[s]tates in which ethnic,
also states that: “Any propaganda for war and any advocacy of national, racial, or
religious hatred that constitute incitements to lawless violence or to any other
similar action against any person or group of persons on any grounds including
those of race, color, religion, language, or national origin shall be considered as
offenses punishable by law.” American Convention on Human Rights, opened for
signature Nov. 22, 1969, art. 18, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123, 148–149
(entered into force July 18, 1978) [hereinafter American Convention].
99. Human Rights Comm., General Comment No. 10: Freedom of
Expression Art. 19, paras. 1–2 (June 29, 1983).
100. Human Rights During Imprisonment, supra note 25, paras. 46–48.
101. Id. para. 36.
102. Id.
103. Id. para. 47.
104. UNDRIP, supra note 20, art. 46, para. 2.