18. Freedom of Expression

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
European Convention ◽  
Free Expression ◽  
The Internet

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

18. Freedom of Expression

2020 ◽  
pp. 488-526
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
European Convention ◽  
Free Expression ◽  
The Internet

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved privacy, incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

scholarly journals LIMITATIONS OF THE FREEDOM OF SPEECH IN THE INTERNET

2020 ◽  
Author(s):  
Bartosz Brzyski
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Free Expression ◽  
The Internet ◽  
Internet Services ◽  
Modern Times ◽  
The Social ◽  
The Right

The development of Internet services lead to many changes in forms of expression of our opinions and ideas. The author shall discuss whether the term “freedom of speech” is still suitable for modern times, regarding the conversations in the social media. As we all know, the freedom of speech and the freedom of expression were never absolute and certain limitations of them are completely legal and necessary. However, as the author will try to prove, there are some serious concerns about executing such limitations online as well as effectively proving if someone’s rights have been violated due to excess of freedom of expression. The possible ideas of fighting the hate speech and other acts of trespassing the right to free expression shall also be presented.

scholarly journals ETHICS AND POWER OF INDONESIAN SOCIAL MEDIA USERS: A STUDY BASED ON GRAMSCI'S THEORY OF HEGEMONY AND ELECTRONIC INFORMATION AN TRANSACTION LAW

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Fajar Muharram
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Literature Review ◽  
Research Method ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Public Order ◽  
The Internet ◽  
Electronic Information ◽  
Negative Impacts

Social media is a space for interaction for humanity in this millennial era. However, social media development is often accompanied by several phenomena such as defamation, hate speech, and bullying. In Indonesia, this latest phenomenon occurs in hate speech and bullying cases that befell Tri Risma Harini as Mayor of Surabaya. This research aims to analyze Indonesian social media users' ethics and power based on the perspective of Gramsci's theory of hegemony and electronic information and transaction (EIT) Law. The research method used in the study is a literature review, which contains reviews, summaries, and the author's thoughts on several sources of literature (articles, books, slides, information from the internet, etc.) on the topics discussed. Meanwhile, Antonio Gramsci's hegemony theory and Law Number 19 of 2016 concerning EIT are used to analyze the literature-status used. The findings in this study indicate that an Indonesian citizen who uses social media cannot freely express his/her will because it is regulated in the ITE Law and local laws limit the freedom of expression of every citizen, spirit (morality), society, and order. Social and political (public order) of a democratic society as contained in article 29 of the Universal Declaration of Human Rights. As an Indonesian citizen, the case that befell Zikria is actually an act that is not wise in using social media. Although the freedom of opinion of every citizen is guaranteed by the laws of this country, an understanding of the substance of the ITE Law must be well understood. Researchers recommend citizens in expressing their opinions must understand and be well aware of the regulations that apply in this country so that there are no negative impacts that can be obtained in the future. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0790/a.php" alt="Hit counter" /></p>

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.

9. Freedom of Expression

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Common Law ◽  
Freedom Of Speech ◽  
European Convention ◽  
Free Expression ◽  
Freedom Of Information ◽  
Obscenity Law ◽  
Right Of Privacy ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; breach of confidence and whether there is a right of privacy in English law.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

Jacobs, White, and Ovey: The European Convention on Human Rights

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Member State ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Climate ◽  
Seventh Edition ◽  
European Court ◽  
Forced Labour

Nearly seventy years after the founding of the European Court of Human Rights it has dispensed more than 20,000 judgments and affects the lives of over 800 million people. The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines Convention rights in terms of many aspects, including rights to remedy, rights to life, prohibition of torture, protection from slavery and forced labour, and family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

The Problem of Platform Law

2020 ◽  
pp. 973-994
Author(s):  
Molly K. Land
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
User Behavior ◽  
The Internet ◽  
Technological Design ◽  
User Choice ◽  
Media Companies ◽  
Broad Array ◽  
The Right

The internet would seem to be an ideal platform for fostering norm diversity. The very structure of the internet resists centralized governance, while the opportunities it provides for the “long tail” of expression means even voices with extremely small audiences can find a home. In reality, however, the governance of online speech looks much more monolithic. This is largely a result of private “lawmaking” activity by internet intermediaries. Increasingly, social media companies like Facebook and Twitter are developing what David Kaye, UN Special Rapporteur for the Promotion and Protection of the Right to Freedom of Opinion and Expression, has called “platform law.” Through a combination of community standards, contract, technological design, and case-specific practice, social media companies are developing “Facebook law” and “Twitter law,” displacing the laws of national jurisdictions. Using the example of content moderation, this chapter makes several contributions to the literature. First, it expands upon the idea of “platform law” to consider the broad array of mechanisms that companies use to control user behavior and mediate conflicts. Second, using human rights law as a foundation, the chapter makes the case for meaningful technological design choices that enable user autonomy. Users should be able to make explicit choices about who and what they want to hear online. It also frames user choice in terms of the right to hear, not the right to speak, as a way of navigating the tension presented by hate speech and human rights without resorting to platform law that sanitizes speech for everyone.

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