Media coverage on migration and asylum: legal framework

This thesis reflects on the intricate interplay between the right to freedom of expression and the rights to privacy and human dignity of migrants, refugees, and asylum seekers. This research aims to discuss how the media's right to inform the public can be balanced against the legal imperative to safeguard the private sphere and human dignity of these individuals. The core hypothesis is that current media practices often overstep these boundaries, contribute through language to the dehumanisation of migrants, and reinforce stigma towards them. It addresses the right to freedom of expression as a pillar of democracy while discussing the necessity of restrictions in some circumstances, in particular when it interferes with other rights, resulting in defamation, discrimination, and hate speech. In addition, the discursive practices of the media and political actors are discussed. They significantly influence the public perception of the migration phenomenon and seem to normalise discriminatory and violent expressions and promote dangerous narratives. For this reason, it is becoming increasingly necessary to act to prevent and limit them through regulation. Moreover, the study evaluates the impact of emerging technologies, in particular Artificial Intelligence, on data retention and surveillance of these vulnerable individuals. The research is conducted through a multidisciplinary and comparative approach and rigorous analysis of a wide range of key texts, including the Universal Declaration of Human Rights, the Geneva Convention, the Treaty of Lisbon, and the Italian Constitution. They underscore the need to protect these individuals and ensure confidentiality for them both at a global and local level. Through a review of the European Court of Human Rights jurisprudence, it explains how the Court assesses the need for limitations and carefully balances the two rights. Finally, the focus shifts to journalists and their duty to safeguard migrants' identity and rights whilst exercising their right to criticise and inform. Journalists are expected to follow the standards and principles enshrined in their deontological codes. The research centres on the Italian context to assess their compliance with key guidelines, such as the Charter of Rome, particularly concerning the use of proper terminology.