The Right to Freedom of Expression Versus Legal Actions Against Fake News: A Case Study of Singapore

2021 ◽  
pp. 77-94
Author(s):  
Selman Özdan
Keyword(s):  
Freedom Of Expression ◽  
Fake News ◽  
The Right

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

Thailand’s Law on Criminal Online Falsehoods: A Critical Discussion

2021 ◽  
pp. 150-172
Author(s):  
Lasse Schuldt ◽  
Pudit Ovattananavakhun
Keyword(s):  
Criminal Law ◽  
Main Part ◽  
Freedom Of Expression ◽  
Critical Discussion ◽  
Fake News ◽  
Depth Analysis ◽  
Legislative Amendments ◽  
Principle Of Proportionality ◽  
The Right ◽  
Constitutional Jurisprudence

This article critically discusses the Thai criminal law applicable to online falsehoods, namely Section 14 para. 1(1) and (2) of the Act on Computer-Related Offences. Linking developments in Thailand to global and Southeast Asian fake news discourses, the article’s main part sheds light on several interpretational and constitutional complexities. Conflicting concepts of falsity and an uncertain ambit of protected interests are found to persist despite legislative amendments. As the right to freedom of expression in principle also protects false factual statements, recent constitutional jurisprudence on the principle of proportionality is applied to evaluate the prescribed level of criminal punishment. The article provides an in-depth analysis that contributes to the evolving scholarship on the challenges of regulatory responses to fake news.

scholarly journals Ketika Demokrasi Menjadi Ancaman?: Kasus Jerinx dan Refleksi Kritis Bagi Pelaksanaan Demokrasi di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 98-107
Author(s):  
Fatih Abdulbari
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Interesting Case ◽  
Electronic Transactions ◽  
The Media ◽  
Fundamental Value ◽  
The Times ◽  
The One ◽  
The Right

The most important and fundamental value in democracy is freedom of expression. This freedom is considered a part of human rights and is the most important feature of democracy. In the times, on the one hand, the media to speak out is increasingly numerous and varied, but on the other hand there is a dilemma where this freedom is actually used to sow and spread false information or conspiracy theories without evidence. In addition, the concept of freedom of opinion has not developed much following the latest developments, so this concept is increasingly abstract because there are no clear boundaries for freedom of expression. In Indonesia, the emergence of the Law on Information and Electronic Transactions (UU ITE) is actually used as a threat to criminalize individuals whose opinions are considered to be disturbing and attack others.  The Jerinx case is a very interesting case study of how freedom of opinion has actually created a counterfactual narrative. He was convicted in 2020 for making hate speech on his social media accounts. The ITE Law which allows arrests for expressing opinions is problematic because it clearly contradicts the main principle of democracy, namely freedom of expression. This research will critically examine the Jerinx case from the perspective of democratic values to see and analyze how the right to speak and have an opinion in Indonesia. The extent to which freedom of opinion is actually facilitated is considered not to violate the rights of others, and the extent to which the democratic climate has a place in Indonesia.

scholarly journals INFLUENCE OF INFORMATION LITERACY ON STUDENTS OF G.B. PANT UNIVERSITY OF AGRICULTURE & TECHNOLOGY, PANTNAGAR: A CASE STUDY

2017 ◽  
Vol 5 (2) ◽  
pp. 266-278
Author(s):  
Meetu Gupta ◽  
Rakesh Pant
Keyword(s):  
Information Literacy ◽  
Communication Technology ◽  
Freedom Of Expression ◽  
Information Need ◽  
University Library ◽  
Library Consortia ◽  
Right To Information ◽  
The Right ◽  
Information Finding

Information literacy is lesson of the fundamental entitlement of all citizens in the world to freedom of expression and the right to information. It is instrumental in building and sustaining democracy. University library is continuously striving to fulfill the needs of its broad campus incorporating latest Information & Communication Technology (ICT). Knowledge of PG students and research scholars about the information, information sources, university library, information searching, library consortia, internet etc. assessed in the present study. It has been find out that the students are comfortable in identifying the information need, searching the information, locating the information, finding the information and using the information. They save their time in finding the information.

FIGHTING AGAINST FAKE NEWS THE RIGHT TO BE FORGOTTEN AS A DEFENSE MECHANISM

ANCIENT LAND ◽  
2021 ◽  
Vol 03 (03) ◽  
pp. 9-11
Author(s):  
Asmar Azer Aliyeva ◽  
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Defense Mechanism ◽  
Freedom Of Expression ◽  
The Internet ◽  
Freedom Of Information ◽  
Fake News ◽  
Right To Be Forgotten ◽  
Novel Concept ◽  
The Right

Fake news and propaganda are an issue that the whole world is struggling to prevent. In particular, it is very arduous for the states to manage fake news disseminate on the Internet that harms the interests of the states. In particular, it is very tough for states to adjust fake news that harms the authority of the state, because the information shared via the Internet is not abstracted from the Data Base. The purpose of this article is to analyze the utility of the right to be forgotten as a method, which is a novel concept in the realm of human rights. Key words: right to be forgotten, fake news, propaganda, freedom of expression, freedom of information

scholarly journals Honest Iago? A media and academic freedom case study

2015 ◽  
Vol 21 (1) ◽  
pp. 142
Author(s):  
Patrick Craddock
Keyword(s):  
Academic Freedom ◽  
Media Coverage ◽  
Freedom Of Expression ◽  
Radio Station ◽  
News Story ◽  
Military Government ◽  
The Right ◽  
The Military ◽  
The Impact

This case study involves issues of academic freedom and media freedom at the regional University of the South Pacific (USP) in a dispute between the senior administration of the university and two journalism lecturers over the impact of media releases and media comments made between May and July 2014, about the military-backed government and the right to freedom of expression. In May 2014, just four months before Fiji’s post-coup general election, a student at USP, suddenly and unexpectedly, had his scholarship cancelled. As a result, USP student journalists wrote a radio news story, which was broadcast on the USP radio station Radio Pasifik. A few days later, the scholarship was reinstated. Shortly afterwards, the USP journalism lecturers issued a joint media release criticising the military government on two issues: (1) their support of torture; and (2) the refusal of accreditation for two senior Fiji journalists to attend an international conference being held in Nadi. This action brought the two lecturers into an acrimonious dialogue with the USP administration. The article reviews the media coverage and examines the issue from the perspective of the head of the journalism programme.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

The Calculation of Turbulent Diffusion Coefficients in Aquatic Ecosystems

2019 ◽  
Vol 70 (11) ◽  
pp. 3903-3907
Author(s):  
Galina Marusic ◽  
Valeriu Panaitescu
Keyword(s):  
Transport Equation ◽  
Turbulent Diffusion ◽  
Diffusion Coefficients ◽  
Aquatic Ecosystems ◽  
Specific Area ◽  
Left Bank ◽  
The Right ◽  
Prut River

The paper deals with the issues related to the pollution of aquatic ecosystems. The influence of turbulence on the transport and dispersion of pollutants in the mentioned systems, as well as the calculation of the turbulent diffusion coefficients are studied. A case study on the determination of turbulent diffusion coefficients for some sectors of the Prut River is presented. A new method is proposed for the determination of the turbulent diffusion coefficients in the pollutant transport equation for specific sectors of a river, according to the associated number of P�clet, calculated for each specific area: the left bank, the right bank and the middle of the river.

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