Yolande Stolte

Protecting the Public Interest in a Free Press: The Role of Courts and Regulators in the United Kingdom

The freedom and independence of the press in democratic societies is both a ‘constitutional principle’ and a ‘constitutional necessity’ (Lord Judge, 2011). The media relay information needed by citizens to make informed political, social and personal choices and create fora in which opinions can be tested and exchanged (Barendt, 2005: 25–27; Hitchens, 2006: 49–60). But the media are not merely passive conduits of third-party content; they also seek out, select, contextualise and analyse information and ideas (McQuail, 2010: 380–382, 512–515). In particular, citizens look to the media to investigate and reveal potential abuses of power, corruption or hypocrisy by government or other influential bodies or individuals.

Media Policy in the United Kingdom: Trust and Distrust in a Converging Media Environment

The United Kingdom of Great Britain and Ireland (UK) is a constitutional monarchy and a unitary state consisting of four countries: England, Wales, Scotland, and Northern Ireland. The UK is governed by a parliamentary system with its seat of power in London; there are devolved administrations in Scotland, Wales, and Northern Ireland.1 All powers that have not been devolved remain with the UK parliament.2 In relation to the media, these reserved matters include broadcasting, telecommunications, data protection, film classification, UK official secrets legislation, competition policy (including newspaper mergers), and intellectual property. The UK has no formal written constitution. Many rules relating to government take the form of unwritten conventions, though certain values or principles that can be considered to have constitutional status are enshrined in legislation, such as the Human Rights Act 1998 (HRA).3 As a member of the European Union (EU), the courts in the UK have accepted the primacy of EU law.4