Freedom Of Expression And The Internet
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| Author | : Wolfgang Benedek |
| Publisher | : Council of Europe |
| Total Pages | : 240 |
| Release | : 2020-09-08 |
| Genre | : Political Science |
| ISBN | : 9287187029 |
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.
| Author | : Dawn C. Nunziato |
| Publisher | : Stanford University Press |
| Total Pages | : 296 |
| Release | : 2009-08-28 |
| Genre | : Law |
| ISBN | : 0804772452 |
Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
| Author | : David Kaye |
| Publisher | : |
| Total Pages | : 144 |
| Release | : 2019-06-03 |
| Genre | : Business & Economics |
| ISBN | : 9780999745489 |
"David Kaye's book is crucial to understanding the tactics, rhetoric and stakes in one of the most consequential free speech debates in human history." -- Cory Doctorow, author of Radicalized, Walkaway and Little Brother The internet was designed to be a kind of free-speech paradise, but a lot of the material on it turned out to incite violence, spread untruth, and promote hate. Over the years, three American behemoths--Facebook, YouTube and Twitter--became the way most of the world experiences the internet, and therefore the conveyors of much of its disturbing material. What should be done about this enormous problem? Should the giant social media platforms police the content themselves, as is the norm in the U.S., or should governments and international organizations regulate the internet, as many are demanding in Europe? How do we keep from helping authoritarian regimes to censor all criticisms of themselves? David Kaye, who serves as the United Nations' special rapporteur on free expression, has been has been at the center of the discussions of these issues for years. He takes us behind the scenes, from Facebook's "mini-legislative" meetings, to the European Commission's closed-door negotiations, and introduces us to journalists, activists, and content moderators whose stories bring clarity and urgency to the topic of censorship. Speech Police is the most comprehensive and insightful treatment of the subject thus far, and reminds us of the importance of maintaining the internet's original commitment to free speech, free of any company's or government's absolute control, while finding ways to modulate its worst aspects.
| Author | : Susan J. Brison |
| Publisher | : Oxford University Press |
| Total Pages | : 381 |
| Release | : 2019-02-27 |
| Genre | : Philosophy |
| ISBN | : 0190883626 |
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
| Author | : Merris Amos |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 273 |
| Release | : 2012-07-26 |
| Genre | : Law |
| ISBN | : 9004207740 |
Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.
| Author | : Dragoş Cucereanu |
| Publisher | : |
| Total Pages | : 304 |
| Release | : 2008 |
| Genre | : Computers |
| ISBN | : |
This research aims at determining criteria for regulation of freedom of expression exercised on the internet, allowing a "fair balance" between that freedom and other competing interests. It will hopefully benefit lawyers and courts which have to deal with an increasing number of cases involving online speech. It can also assist legislators when they consider adopting or amending legislation regulating online speech, potentially preventing the adoption of legislation contrary to Article 10 of the European Convention on Human Rights. Internet service and content providers may also find interesting to see the part dealing with the distribution of liabilities amongst the participants to online communication. To that effect, the research develops methods of analysing the specific effect which the various features of the internet may have on freedom of expression and on its regulation, and provides examples of criteria identified through those methods, in selected areas such as hate speech, defamation or adult speech. The book identifies general principles of freedom of expression which are less likely to change with time and technology, and considers how they can be transposed to the online reality. For instance, the general principle that minors are to be protected from adult material has found various specific incarnations in rules such as demanding an identification document in a shop or a cinema or the late-hour broadcast rule in TV and radio, based on the presumption that unaccompanied minors are unlikely to be exposed. Neither of these is readily available on the internet (there is no "late hour" in this always-on medium), and so the principle had to find another expression aimed at age identification, such as the use of credit card numbers. The book analyses the reasons for the lack of a global, comprehensive approach to cyberspeech regulation and concludes that the main obstacle is not grounded in any features of the internet, but rather in the absence of universal agreement on the substantive rules to regulate online speech. Pending such agreement, domestic authorities and regional organizations will still deal with the issue, and the methods proposed here may be of assistance.
| Author | : Adrienne Stone |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 609 |
| Release | : 2021-01-14 |
| Genre | : Law |
| ISBN | : 019882758X |
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
| Author | : David Bromell |
| Publisher | : Springer Nature |
| Total Pages | : 241 |
| Release | : 2022-02-11 |
| Genre | : Political Science |
| ISBN | : 3030955508 |
Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.
| Author | : |
| Publisher | : UNESCO |
| Total Pages | : 105 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 9231041886 |
As this publication explains, freedom of expression is not just a by-product of technical change; it must be protected by legal and regulatory measures that balance a variety of potentially conflicting values and interests in a complex global ecology of choices. The impetus that this report provides for the prioritization of research in this field encourages further scrutiny of the multifaceted issues that govern the conditions for freedom of expression on the Internet. The findings of this research point to the need to better track a wider array of global, legal and regulatory trends. It is my hope that this publication proves to be a useful and informative resource for all users working in this domain, whether individual researchers, students or policy makers.
| Author | : Mart Susi |
| Publisher | : Routledge |
| Total Pages | : 317 |
| Release | : 2018-04-17 |
| Genre | : Law |
| ISBN | : 1351017578 |
The Nordic countries are well known globally for their high human rights standards and, at the same time, high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression in the new media. It contains an overview of public policy choices and best practices of domestic online companies, which have the aspiration of finding global acceptance. Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. A comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the ongoing discussion as to whether there is a need to modify prevailing interpretation of freedom of expression. Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.
