ABSTRACT
This chapter has three main sections. First, the conceptual basis for studying the medium within law is outlined, based on the work of the Toronto School of Communications, including Harold Innis and Marshall McLuhan. The argument for using the Toronto School’s perspective as a tool for analysis of law, particularly media law, is made. Second, examples are given of the use of the medium of communication as the basis for regulation; one is ecclesiastical law (nineteenth-century cases and statutes on ‘ritual’ in the Church of England), while another is the use and flying of flags. In both cases, the choice of medium is closely related to the desired communication or effect. Third, the interaction between human rights law (freedom of expression and of assembly) and the medium used for communication is assessed, through discussion of the legal control of advertising and processions.
