Freedom of Expression versus Racist Hate Speech: Explaining Differences Between High Court Regulations in the USA and Europe

2013 ◽  
Vol 40 (2) ◽  
pp. 283-300 ◽  
Author(s):  
Erik Bleich
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
High Court ◽  
The Usa

Hatred, Dignity, and Freedom of Expression

2021 ◽  
pp. 244-295
Author(s):  
Matthew H. Kramer
Keyword(s):  
First Amendment ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Sense Of Self ◽  
Moral Principle ◽  
The Political ◽  
American Constitution ◽  
Liberal Democracies ◽  
Main Target ◽  
The Usa

In his 2012 book The Harm in Hate Speech, Jeremy Waldron has argued sustainedly in favor of hate-speech laws like those that have been enacted in most of the European liberal democracies and in Canada and the Antipodes. His main target is the American position on hate speech, for in the USA any laws along the lines of those just mentioned would be violative of the First Amendment to the American Constitution. This chapter maintains that the gist of the American position is not only a corollary of the First Amendment but also a corollary of the moral principle of freedom of expression. Even more strongly, the chapter contends that the hate-speech statutes championed by Waldron are profoundly demeaning for any country wherein they are adopted. The adoption of such statutes both ensures and presupposes that a system of governance has failed to meet its responsibility to bring about the political and social and economic conditions under which every member of a society can be warranted in harboring an ample sense of self-respect.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

scholarly journals Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 75
Author(s):  
Herlambang Perdana Wiratraman ◽  
Sébastien Lafrance
Keyword(s):  
Rule Of Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Artistic Expression ◽  
Fundamental Freedom ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
Effective Role ◽  
Similarities And Differences

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

scholarly journals USE OF CYBER HATE IN THE ELECTORAL CAMPAIGNS BY THE MAINSTREAM POLITICAL PARTIES OF PAKISTAN

2021 ◽  
Vol 9 (2) ◽  
pp. 325-332
Author(s):  
Ayesha Siddiqua
Keyword(s):  
Social Media ◽  
Discourse Analysis ◽  
Political Parties ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Qualitative Interviews ◽  
The Political ◽  
Electoral Campaigns ◽  
General Elections ◽  
Cyber Ethics

Purpose of the study: The purpose of the study is to examine the use of cyber hate by the Pakistan’s mainstream political parties. The issue of poll rigging in Pakistan’s General Elections 2013 is examined through discourse analysis of the related tweets. The study also aims at comprehending the extent to which cyber ethics were violated during the digital electoral campaigns. Methodology: Discourse Analysis of the tweets generated from the official Twitter handles of PTI and PMLN leaders was conducted to examine the use of cyber hate by the Pakistan’s mainstream political parties. Violation of cyber ethics was explored through the qualitative interviews of 8 purposively selected social media managers of PMLN, PPP, and PTI. Main Findings: The findings indicated that party leadership/politicians used the elements of cyber hate which included abusive language, provocation, and character assassination against their opponents during the digital electoral campaign in general and regarding the poll rigging issue of Pakistan’s General Elections 2013 in specific. Resultantly the tweets using strong adjectives and metaphors on the political opponents were more frequently re-tweeted and attracted more favorites. Applications of this study: The study can be helpful in various cross-disciplinary areas that focus on the examination of the usage and impact of social media and cyberspace as a medium for hate speech dissemination. The study can significantly contribute to areas related to cyber ethics, digital electoral campaigning, freedom of expression, and political opinion building. Novelty/Originality of this study: The study’s originality lies in its attempt to unfold the foundations of digital electoral campaigning in Pakistan and how cyberhate was used as a pivotal tool for advancing the political narratives in a fragile democratic society.

scholarly journals OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Eastern Cape ◽  
Threshold Test ◽  
Related Matter ◽  
The Republic

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.

New Communication Technologies

2019 ◽  
pp. 198-211
Author(s):  
Tamara Amoroso Gonçalves ◽  
Daniela Rosendo
Keyword(s):  
Human Rights ◽  
Social Inequalities ◽  
New Technologies ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Electronic Devices ◽  
Communication Technologies ◽  
The Internet ◽  
Men And Women ◽  
Internet Regulation

New technologies are changing the way men and women live their lives. As a new communication technology, the Internet can be used to both harm and promote human rights. When it comes to gender relationships, social inequalities might be reflected online, regarding access and the ways technologies are used. Hate speech, porn revenge and other ways to offend women's rights online are discussed, leading to questions related to possible limitations on freedom of expression. This chapter examines legal solutions that have been proposed in Brazil regarding electronic devices and Internet regulation and considers how restrictions on freedom of expression can be addressed in a human rights perspective.

Making and Sharing YouTube Videos, History, and YouTube Economics and Advertising

2016 ◽  
pp. 26-62
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Computer Mediated Communication ◽  
Fair Use ◽  
Corporate Ownership ◽  
Mediated Communication ◽  
Media Companies ◽  
Computer Mediated ◽  
Start Up ◽  
Youtube Videos

Less than 2 years after YouTube was created, the search engine giant Google bought the start-up for 1.65 billion dollars. According to the Associated Press, the announcement “came just a few hours after YouTube unveiled three separate agreements with media companies to counter the threat of copyright infringement lawsuits” (Liedtke, 2006). Years later, YouTube's legal concerns continue, as Google has recently lost a court battle, forcing it to remove content from YouTube. Google is appealing the decision to a higher court (Landau & Marquez, 2014). The recent lawsuit is just one example of YouTube's significant and global influence and its deep and abiding connection with larger social concerns and institutions, such as freedom of expression, the power of democracy, and computer-mediated communication. YouTube's history, corporate ownership and influence, cultural recognition as a place that can promote hate speech and bullying tactics, and the continued legal challenges that threaten individual rights to fair use and freedom of expression all define YouTube's power as part of the new evolution of the Internet and Web 2.0. Tempering YouTube's democratic potential and cultural importance is YouTube LLC's predetermined economic goal to increase revenue streams through advertising and content creation. To those ends, YouTube provides detailed instructions on how to make videos and how to advertise. A detailed case-study of one video's path through the creation and advertising process on YouTube illustrates how user-generated videos become YouTube videos.

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