Freedom of speech and media pluralism: Compatibilities and tensions in the context of broadcasting television

Abstract

The protection of media pluralism depends on the concept of liberty on which the right to free speech is grounded. Two arguments-raised during the inquiry of constitutionality of the statue that introduced digital broadcasting in Chile-are confronted in this article. The first one defends free speech on autonomy basis and is grounded on a negative concept of liberty. The second one defends free speech on democratic basis and is grounded on a republican concept of liberty. The first argument claims that a pluralistic media environment is the consequence of the free interplay of market forces and rejects media regulation. The second one authorizes media regulation as long as it enhances the political agency of citizens and reduces market domination. From this analysis the article concludes that the second argument is better enabled to guarantee the protection of broadcasting pluralism.