Norsk Medietidsskrift (Jan 2014)

Djevelens advokat og «the chilling effect» - Territoriespill med jussen i flytsonen

  • Odd Raaum

Journal volume & issue
Vol. 21
pp. 276 – 293

Abstract

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Abstract The Devil’s Advocate and the chilling effect: Territorial games with law in the flowzone. The right of self-regulation has been a fundamentally important goal in the struggle of the Norwegian press for increased freedom. The article describes how self-regulation has established a seemingly robust societal position despite periods of heavy criticism. The author singles out politicians and jurists as the potentially most powerful norm senders, and describes the press freedom game as a tug-of-war between politics, the law and journalism. By the end of the 20th century, attacks from the political branch had been neutralized by the press, seemingly with lasting effect. Since then, international law (Strasbourg) has played an increasingly important role, directly and by way of infiltration of the norms of journalism. The press may be pushed in the direction of a real, if not formal, juridification.

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