Freedom of Expression: Another Look at How Much the Public Will Endorse

2021 ◽  
Vol 26 (2) ◽  
pp. 161-186
Author(s):  
Daniel Riffe ◽  
Kyla P. Garrett Wagner
Keyword(s):  
Freedom Of Expression ◽  
The Public

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

Willingness of Journalists and Public to Support Freedom of Expression

1994 ◽  
Vol 15 (1) ◽  
pp. 102-114 ◽  
Author(s):  
Julie L. Andsager ◽  
M. Mark Miller
Keyword(s):  
Survey Data ◽  
Free Speech ◽  
Freedom Of Expression ◽  
The Public ◽  
Personal Rights

Two sets of survey data - one from a survey of ASNE members - were combined and analyzed to determine differences between journalists and the public in support of media rights and personal rights of free speech. Results indicate that journalists are significantly more supportive than the public of both kinds of expressive rights.

scholarly journals Foucault's "fearless speech" and the transformation and mentoring of medical students

2021 ◽  
Author(s):  
Thomas J Papadimos ◽  
Stuart J Murray
Keyword(s):  
Medical Education ◽  
Medical Students ◽  
American Medical ◽  
Free Speech ◽  
Freedom Of Expression ◽  
Medical Profession ◽  
Truth Telling ◽  
The Public ◽  
Educational Effort ◽  
Ethical Response

In his six 1983 lectures published under the title, Fearless Speech (2001), Michel Foucault developed the theme of free speech and its relation to frankness, truth-telling, criticism, and duty. Derived from the ancient Greek word parrhesia, Foucault's analysis of free speech is relevant to the mentoring of medical students. This is especially true given the educational and social need to transform future physicians into able citizens who practice a fearless freedom of expression on behalf of their patients, the public, the medical profession, and themselves in the public and political arena. In this paper, we argue that Foucault's understanding of free speech, or parrhesia, should be read as an ethical response to the American Medical Association's recent educational effort, Initiative to Transform Medical Education (ITME): Recommendations for change in the system of medical education (2007). In this document, the American Medical Association identifies gaps in medical education, emphasizing the need to enhance health system safety and quality, to improve education in training institutions, and to address the inadequacy of physician preparedness in new content areas. These gaps, and their relationship to the ITME goal of promoting excellence in patient care by implementing reform in the US system of medical education, call for a serious consideration and use of Foucault's parrhesia in the way that medical students are trained and mentored.

Conditions of the Right to Erasure

2020 ◽  
pp. 196-274
Author(s):  
Jef Ausloos
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Personal Data ◽  
Historical Research ◽  
Legal Obligation ◽  
The Public ◽  
The Third ◽  
Legal Provisions ◽  
The Right ◽  
Data Subject

This chapter zooms in on Article 17 GDPR, on the right to erasure (‘right to be forgotten’). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six rights-to-erasure triggers which can be summarized as: (a) purpose expiration; (b) withdrawal of consent; (c) right to object; (d) unlawful processing; (e) legal obligation; and (f) withdrawal of consent by minors in the online environment. The second paragraph comprises an odd extension of the right to erasure, enabling data subjects to request that controllers who have made the personal data public, communicate potential erasure to anyone else processing that same personal data. The third paragraph lists five exemptions to the right to erasure, summarized as: (a) freedom of expression and information; (b) legal obligation or task carried out in the public interest or official authority; (c) public interest in the area of public health; (d) public interest archiving, scientific and historical research, or statistical purposes; and (e) legal claims. What becomes clear right away is how both the right-to-erasure’s triggers and exemptions all refer to other legal provisions in and outside the GDPR. As such, the right to erasure can be seen as a central hub in the GDPR, bringing together key data protection principles from the perspective of data subject empowerment.

scholarly journals Public libraries as an infrastructure for a sustainable public sphere

2019 ◽  
Vol 75 (4) ◽  
pp. 773-790 ◽  
Author(s):  
Ragnar Audunson ◽  
Svanhild Aabø ◽  
Roger Blomgren ◽  
Sunniva Evjen ◽  
Henrik Jochumsen ◽  
...  
Keyword(s):  
Public Sphere ◽  
Social Inclusion ◽  
Public Libraries ◽  
Freedom Of Expression ◽  
Public Library ◽  
Research Field ◽  
Comprehensive Review ◽  
Content Type ◽  
The Public ◽  
Digital World

Purpose The purpose of this paper is to examine the shaping of public libraries as an infrastructure for a sustainable public sphere through a comprehensive literature review. Design/methodology/approach In order to capture the whole picture of this research field, we utilize comprehensive review methodology. The major research questions are: first, to what extent have research topics regarding libraries as public sphere institutions expanded and diversified? Which theoretical perspectives inform research? Second, which challenges and topics does the research focus upon, such as: social inclusion and equal access to information; digital inequalities; censorship and freedom of expression; and access to places and spaces with a democratic potential and the role of libraries in that respect? Third, what influence has social media exerted on libraries in the context of the expanding digital world? Findings The authors identified mainly four themes regarding the public library and public sphere, such as: the importance of public libraries by using Habermas’s theory; the function of meeting places within the public library and setting those places in the center of the library in order to enhance and encourage democracy; the relationship between social inclusion and public libraries and its functions in current society such as diminishing the digital divide; and the emerging electronic resources and arena of SNS in public libraries and utilizing them to reach citizens. Originality/value Capturing the recent history of this research field through comprehensive review is valuable.

scholarly journals Charlie Hebdo: Testing the Limits of Freedom of Expression

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Niaz A. Shah
Keyword(s):  
Public Space ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
European Convention ◽  
Muslim Community ◽  
The Public ◽  
Shared Space ◽  
The Right ◽  
Charlie Hebdo

AbstractThe right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Muhammad, which although might offend Muslims, are an acceptable form of expression in Western democracies except cartoon number two implying the Prophet Muhammad as a ‘terrorist’ which is ‘insulting’ and ‘an abusive attack’ on the Muslim community and Islam. In the post-9/11 circumstances, it may be viewed as a vehicle for instigating hatred against the Muslim community. By critiquing the inaction of Denmark and France, I argue that failure to prosecute Jyllands-Posten and Charlie Hebdo violates Articles 9(1) of the European Convention and the Danish Criminal Code and the French Freedom of Press Act 1881. Relying on ECtHR’s jurisprudence, I argue that the values of the Convention and democracy aim to nurture a society based on tolerance, social peace, non-discrimination and broad-mindedness. The public space is a shared space and no single group – religious and non-religious – can monopolise nor intimidate it.

Hall of Mirrors: Media, Democratization, and the Public Sphere in Maranhão, Brazil

2018 ◽  
Vol 45 (3) ◽  
pp. 208-223 ◽  
Author(s):  
Julián Durazo Herrmann
Keyword(s):  
New Media ◽  
Public Sphere ◽  
Regime Change ◽  
Freedom Of Expression ◽  
Sources Of Information ◽  
The Public ◽  
Critical Elements ◽  
Strong Interference ◽  
The Media ◽  
The Public Sphere

Freedom of expression and access to diverse sources of information are seen as critical elements of democracy, although their concretization on the ground is subject to strong interference. Recent regime change in Maranhão, one of Brazil’s poorest states, has led to the emergence of new media and some expansion of the public sphere. The traditional oligarchy continues to dominate the media, however, and the opposition media replicate its exclusion of nonelite actors. The Maranhão experience confirms that normative approaches to the media either as automatic contributors to democracy or as instruments of elite manipulation have little value for understanding media dynamics. Liberdade de expressão, bem como o acesso a diversas fontes de informação, são considerados elementos críticos da democracia, ainda que a concretização desses fatores esteja sujeita a forte interferência. A recente troca de regime no Maranhão, um dos estados mais pobres do Brasil, tem levado ao surgimento de uma nova mídia e a uma certa expansão da esfera pública. Contudo, a oligarquia continua dominando a mídia tradicional e a mídia alternativa imita a prática de exclusão de atores não pertencentes à elite. A experiência do Maranhão confirma que tratamentos normativos que veem a mídia como contribuinte automática do processo democrático, ou como instrumento de manipulação da elite, teem pouco valor para se entender a dinâmica da mídia.

The Emerging Field of Internet Governance

2013 ◽  
Author(s):  
Laura DeNardis
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
The Internet ◽  
Net Neutrality ◽  
Internet Governance ◽  
The Public ◽  
The World ◽  
Key Issues ◽  
Policy Arenas

This chapter demonstrates the significance of the emerging field of Internet governance, highlighting issues over standards, names and numbers, and net neutrality, which are unfolding in a variety of contexts around the world, including the Internet Governance Forum. It describes how technology could bias outcomes across policy arenas, such as privacy or freedom of expression. Internet governance generally refers to policy and technical coordination issues related to the exchange of information over the Internet. Governance has had immediate implications for freedom of expression online. Despite the significant public interest implications, Internet governance is largely hidden from public view. A crucial role of Internet governance research is to evaluate the implications of the tension between forces of openness and forces of enclosure, examine the implications of the privatisation of governance, and bring to public light the key issues at stake at the intersection of technical expediency and the public interest.

Political pressure mounts on Japanese media

2015 ◽  
Keyword(s):  
Prime Minister ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Political Pressure ◽  
Content Type ◽  
International Media ◽  
The Public ◽  
The Media ◽  
Near Term ◽  
The Government

Significance The issue of media independence has become a fraught one under Prime Minister Shinzo Abe's administration, with perceptions rising among journalists and the public that the government is subjecting the media to political pressure. Critics of the administration speak of censorship and threats to freedom of expression. Japan's ranking in the World Press Freedom Index has fallen from 22nd in 2011-12, before Abe took office, to 61st in 2015. Impacts The government seems likely to try to marginalise the criticisms of constitutional scholars, like it marginalises its other critics. International media as well as domestic journalists are likely to feel some pressure from the authorities. In the near term, the issue is unlikely to destabilise the government, or derail passage of security legislation.

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