Liberal Constitutionalism, Media Ownership & the Public-Private Divide

Contributor(s): Professor Tarun Khaitan, Professor Lea Ypi | Liberal constitutional theory rests on a fundamental division between duty-bearing public institutions and the rights-wielding private persons. This inaugural lecture will explore the implications of this division on the constitutional regulation of news and social media corporations. It will argue that constitutional theory needs to acknowledge the essentially public purpose of news media corporations. even when privately owned. It will further argue that the liberal free speech framework (even in its ‘positive’, pluralism-seeking, conception) cannot justify regulation of echo chambers and polarising content on social media. Democratic constitutions, therefore, need to explicitly recognise truth (or ‘verity’) as an independent fundamental constitutional value. The key implications for constitutional regulation that would follow from this recognition will be explored.