The role of the media in the protection of human rights: the European Union perspective

Abstract

The article is devoted to the study of the role of the media in the protection of human rights. It is noted that in the context of digitalization and the growing importance of information, the media are becoming an important tool for the realization and protection of human rights.

The article examines scholarly views on the role of the media in the field of human rights protection. In particular, approaches are considered that distinguish two main aspects: coverage and protection, which are well grounded.

Attention is drawn to the fact that the media ensure the realization by citizens of the right of access to information, which is a prerequisite for the exercise of a wide range of other human rights, including the right to participate in public affairs, the right to a fair trial, and the right to peaceful assembly. It is emphasized that without access to reliable and complete information, the effective realization of most human rights is impossible. The media possess the necessary resources and capabilities. In this regard, particular importance is attached to guarantees of the independence of media activity and their real ability to obtain information.

It is concluded that the media, among other functions, play a role in identifying and publicizing human rights violations. This leads to responses from the state, civil society, and the international community. The media facilitate interaction in the field of human rights protection at both the national and international levels and may also contribute to the collection of evidence for the activities of international organizations and judicial bodies.

The provisions of European Union law in the field of media regulation and human rights protection are analyzed. First of all, the Charter of Fundamental Rights of the European Union is examined, with particular attention paid to Article 11, which enshrines media pluralism and is especially important in the context of this study. The Association Agreement between Ukraine, on the one part, and the European Union, the European Atomic Energy Community and their Member States, on the other part, is also considered.

It is established that media activity is integrated into the system of fundamental rights, in particular through the principle of media freedom and pluralism enshrined in the Charter of Fundamental Rights of the European Union. The need to ensure a balance between media freedom and other fundamental rights, including the right to privacy, the protection of personal data, non-discrimination, and the rights of the child, is emphasized.

The legislation of the Member States of the European Union is examined using the example of France, which confirms the importance of ensuring pluralism, independence, and impartiality of the media as necessary conditions for the functioning of a democratic society.

It is proved that the role of the media in the field of human rights protection is complex and is not limited to an informational function. It is substantiated that the media should be regarded as a structurally integrated element of the modern system of human rights protection. The need to ensure an appropriate balance between media freedom and the protection of other fundamental rights in the context of digital development is essential. The case-law of the Court of Justice of the European Union is also examined.

The complex and system-forming nature of the role of the media in the protection of human rights is confirmed. Their key role in ensuring the realization of the right of access to information is demonstrated.