マスメディアの表現の自由の現代的意義

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杉原敏夫教授定年退職記念号In Honour of Prof. Toshio SugiharaThis paper addresses contemporary legal interests protected by“the right to freedom of expression by the mass media”that is assured under Japan's Constitutional Law（the constitution）．Traditional academic theories have commonly held that the legal interests protected by freedom of expression under the constitution include the“free flow of information”．What underlies this understanding is the view that freedom of expression by the mass media is expected to contribute to the “right to know”of the general public．These rights were originally targeted at overcoming a variety of phenomena that hindered the smooth flow of information．However, my view is that this freedom does not encompass such an objective norm, because it attempts to ensure the liberty of actions of expression, not the state of information flow．Therefore, it would be reasonable to assume that freedom of expression by the mass media, featuring the collective exercise of fundamental rights through freedom of association, principally ensures the subjective rights of the mass media in accordance with the ordinary legal interests protected by freedom of expression．That is, freedom of expression by the mass media is not concerned with whether or not the receivers actually received the information in the mass media．Yet, it should be noted that norms regarding the free flow of information are still protected under the constitution insofar as they relate to the freedom of communications．This aims to ensure that the communications process is accomplished by the action of information receivers．

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海野敦史
長崎大学経済学部

マスメディアの表現の自由の現代的意義

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