‘Equality of arms’ versus ‘Editorial freedom’: Replying to the press in Germany and England & Wales

Hempel, Felix (2019) ‘Equality of arms’ versus ‘Editorial freedom’: Replying to the press in Germany and England & Wales. Doctoral thesis, University of East Anglia.

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Abstract

This thesis adopts a comparative approach as it examines which rules and practices in Germany and England & Wales perform an equivalent function to that of the ‘right of reply’ under the European Convention on Human Rights (ECHR), allowing a person to frame their own answer in response to press reports ‘affecting’ them. Furthermore, it aims to identify and explore the reasons for any differences and similarities between the legal systems in relation to this question. In doing so, it seeks to offer an original investigation of how the right of reply (or a ‘functional equivalent’ to it) works in action and why the respective lawmakers chose to implement (or refrained from implementing) the remedy in the way they did. In order to address the set aims, this thesis analyses the relevant scholarly literature, self-regulatory complaints (in England & Wales) and case law (in Germany). It also relies on novel empirical evidence in order to evaluate whether the right of reply’s supposed ‘chilling effect’ on press freedom is a ‘mere academic argument’ or if those working in the media perceive it. This includes an unparalleled thematic analysis of 25 elite interviews with judges, lawyers and editors. From this, this thesis draws significant and sometimes surprising conclusions about the practical application of the statutory right of reply remedy in Germany and its ‘functional equivalent’ in England & Wales. Therefore, this research not only makes a significant contribution to the literature by detailing the relevant implications for contracting states under Articles 8 and 10 of the ECHR, but also provides a comparative analysis of contentious and topical issues in relation to the right of reply in both legal systems. Additionally, it assesses whether the right of reply is suited to guaranteeing ‘equality of arms’ for the ‘ordinary citizen’ against press reporting.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Chris White
Date Deposited:	03 Feb 2025 14:07
Last Modified:	03 Feb 2025 14:07
URI:	https://ueaeprints.uea.ac.uk/id/eprint/98352
DOI:

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