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  |  Commun cat on R ghts  n a Global Context

                         articulation of what eventually became known as the “right to communicate”
                       occurred in Article 19 of the 1948 Universal Declaration of Human Rights. Ar-
                       ticle 19 states: “Everyone has the right to freedom of opinion and expression;
                       this right includes freedom to hold opinions without interference and to seek,
                       receive and impart information and ideas through any media and regardless
                       of frontiers.” The boldest and most innovative component in this statement is
                       the “freedom to impart information.” Also noteworthy is the positive rendering
                       of this wording that is largely missing from the negative freedoms outlined in
                       influential standards such as the U.S. First Amendment: “Congress shall pass
                       no law. . .” Instead, communication rights are often articulated in ways that as-
                       sume people are not simply passive consumers, but also have a right of access
                       to diverse sources of information within a democratic media system. That is,
                       communication rights are not merely about “freedom from” but also “freedom
                       for,” and require at least a two-way communication flow based on principles
                       of balance, equal access, and democratic participation. Like other official state-
                       ments of human rights and democratic norms that we often take for granted,
                       this codification is a significant achievement for its role in shaping debates and
                       determining global norms and policies. However, such codes are often ignored
                       or interpreted in different ways, which sets the stage for contestation. Struggles
                       around the meaning and protection of communication rights have risen to the
                       fore during a number of historic and contemporary forums.


                          FrEE FLow oF inFormaTion vs.
                          righT To CommuniCaTE

                          Historically, the idea of communication rights has clashed with an emphasis
                       on “information” extricated from its communicative context. In other words,
                       while information is often treated like a commodity, communications is a cru-
                       cial human process that cannot be bought and sold on the market. Likewise,
                       systemic problems like the “digital divide” cannot be easily remedied by some
                       technical fix, but instead require processes that are by nature social and politi-
                       cal. Many advocates argue that communication rights should be considered an
                       inalienable human right, protected by international law.
                          Differing from communication rights in terms of its emphases and objectives,
                       the free flow of information doctrine first became prominent in U.S. foreign
                       policy in the mid-1940s, reflected in statements made in 1946. U.S. Assistant
                       Secretary of State William Benton said, “The State Department plans to do ev-
                       erything within its power along the political or diplomatic lines to help break
                       down the artificial barriers to the expansion of private American news agencies,
                       magazines, motion pictures, and other media of communication. . . . Freedom of
                       the press—and freedom of exchange of information generally—is an integral
                       part of our foreign policy.” John Foster Dulles, who would become U.S. secretary
                       of state in the 1950s, stated, “If I were to be granted one point of foreign policy
                       and no other, I would make it the free flow of information.”
                          In the1940s, liberals and conservatives alike, though perhaps for different rea-
                       sons, pushed for the free flow of information. Given the ascendance of Western
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