Throughout the world, there is a vast remapping of media laws and policies. This important moment for building more democratic media is attributable to rapid-fire geopolitical changes. These include a growing zest for information, the general move towards democratization, pressures from the international community, and the inexorable impact of new media technologies. Whatever the mix in any specific state, media law and policy is increasingly a subject of intense debate.

Shaping an effective democratic society requires many steps. The formation of media law and media institutions is one of the most important. Too often, this process of building media that advances democracy is undertaken without a sufficient understanding of the many factors involved. This Study is designed to improve such understanding, provide guidance for those who participate in the process of constructing such media, and indicate areas for further study.

Laws are frequently looked at in isolation and as interchangeable parts that are separately advocated for the creation of effective and democracy-promoting media. They are also often analyzed and discussed with attention paid merely to their wording. However, each society has a cluster of activities, interactions of laws and the setting in which they exist, that make those laws more or less effective. Different states, at different stages of development, require different strategies for thinking about the role of media and, as a result, for thinking about the design and structure of the environment in which they operate.

We seek to identify components of the complex legal process that contribute to an environment that enables media to advance democratic goals. Understanding the factors that make rules effective can lead to the specific enhancement of the roles that media might play in strengthening democratic institutions. Understanding this “enabling environment” can be helpful to those engaged in building and reinforcing democratic institutions and to those who are advocating free and independent media and wish to explain the interactions that determine how free and independent a radio or television station or a struggling newspaper is. The enabling environment, of course, cannot substitute for journalistic talent, for an understanding of audience, or for an instinct as to how information relates to increasing the role of the public in rendering democracy more meaningful. But for those who are committed to enlivening the public sphere, a reference to the substantial interactions that affect their goals can be quite productive.

We begin with an outline of areas of law that must be considered. Over time, across societies, it is possible to suggest specific areas of legal development that are essential for media law reform. In the first part of this Study, we examine a substantial list of such areas, from defamation rules to freedom of information. As to each media-specific area and areas of general application, we will provide an indication of how law can contribute or detract from establishing an “enabling environment.” To the extent possible, we will draw upon experiences in a wide variety of societies and transition states.

In the second part of the Study we move to a discussion of the rule of law: conditions that make law effective, useful, and just in achieving a media structure that serves to bolster democratic institutions. This discussion addresses considerations such as the separation of powers, independence of the judiciary, and establishment of reliable regulatory bodies that are loyal to enunciated legal principles. We then turn to a somewhat broader set of enabling factors for the media – larger societal issues such as the state of the economy, the extent of demand for information, and the extent of ethnic and political pluralism – before concluding with certain practical considerations on resources and techniques for enhancing an enabling environment.