Free Speech in the Digital Age

2019 ◽  
Keyword(s):  
Free Speech ◽  
New Technologies ◽  
Freedom Of Expression ◽  
Online Communication ◽  
Digital Age ◽  
Theory And Practice ◽  
Rapid Expansion ◽  
The Internet ◽  
Digital World ◽  
The Right

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.

scholarly journals A Study of the Landscape of Internet Censorship and Anti-Censorship in Middle East

10.29007/vpbg ◽  
2020 ◽  
Author(s):  
Nick Rahimi ◽  
Bidyut Gupta
Keyword(s):  
Middle East ◽  
Freedom Of Expression ◽  
Online Communication ◽  
The Internet ◽  
Human Beings ◽  
Internet Censorship ◽  
The Right ◽  
Geographical Locations

The power of technology is one which supersedes any other tool of communication ever formulated and implemented by human beings. The internet has been long cited by scholars and practitioners alike to be an empowerment tool that allows individuals to either seek, receive or dole out information and ideas without any basis being drawn on boundaries or geographical locations. This, therefore, means that online communication has to be protected in lieu with the international dictums and pretensions that call for the right to freedom of expression.

scholarly journals The Role of the Internet in International Law-Making, Implementation and Global Governance

2021 ◽  
Vol 81 (3) ◽  
pp. 677-700
Author(s):  
Annalisa Ciampi
Keyword(s):  
International Law ◽  
Global Governance ◽  
New Technologies ◽  
Theory And Practice ◽  
The Internet ◽  
The Public ◽  
Digital World ◽  
Wide Range ◽  
The Impact ◽  
Law Making

This paper delves into influence of the internet on international law and global governance, a phenomenon that increased incrementally over the last decade before the COVID-19 emergency precipitated it. It posits that the digital world birthed whole new 'territories' where the practice of states and other actors is recorded and displayed, but it also exists independently from the physical realm. With respect to law-making, the internet acts as both a sounding board for, and an originator of, international practice. New technologies and social networks have also certainly increased the availability of information to governments and the public regarding violations of international norms. Yet, they have created a new – online – environment in which internationally wrongful acts can be committed. This further qualifies, yet does not make less significant, the relevance of the internet for the implementation of international law. The paper further submits that technological power has become a fundamental force of leverage in global governance, akin to economic, military, and political might for states and a wide range of non-state actors alike. Big Tech companies and other corporations but also civil society, social and political groups, and individuals are all potential stakeholders participating formally and informally (or to be included) in the sharing of power. Notwithstanding the difficulty to articulate a concept that comprehensively rationalises the impact of the internet on the processes and structures of international law and governance, the paper highlights a gap between the theory and practice of international law and offers a contribution in this direction.

icann’s New Generic Top-Level Domain Names Dispute Resolution Procedure Viewed Against the Protection of the Public Interest of the Internet Community: Litigation Regarding Health-Related Strings

2014 ◽  
Vol 13 (3) ◽  
pp. 306-346 ◽  
Author(s):  
Simone Vezzani
Keyword(s):  
Freedom Of Expression ◽  
The Internet ◽  
Commercial Arbitration ◽  
Domain Names ◽  
Internet Users ◽  
Health Related ◽  
Rules Of Procedure ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

icann’s decision to liberalize the market for Internet Generic Top-Level Domain Names has been giving rise to many concerns, related in particular to the registration of health-related strings, which may favour fraud and the dissemination of misleading health information. However, a very sophisticated mechanism has been put into place by icann, intended to prevent the registration of strings which face opposition from a significant portion of the community they purportedly aim to serve, or which are contrary to generally accepted principles related to morality and public order. Tailored after the model of commercial arbitration, icann rules of procedure are noteworthy in that they give standing to all interested Internet users and to an Independent Objector. Though underlining some of its procedural deficiencies, this article emphasizes the importance of the icann mechanism in the “constitutionalization” of the Internet. It also discusses the contribution of icann expert panels to international human rights discourse, as illustrated by the expert panel determinations walking the tightrope between freedom of expression and the right to health.

The Structure of a Free Speech Right

2021 ◽  
pp. 212-230
Author(s):  
Stephen Gardbaum
Keyword(s):  
Free Speech ◽  
Freedom Of Expression ◽  
Common Law ◽  
Structural Elements ◽  
The Third ◽  
The Subject ◽  
The Right ◽  
Free Speech Rights

This chapter describes the structural elements or components of a free speech right. The nature and extent of a free speech right depends upon a number of legal components. The first is the legal source of the right (in common law, statute, or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded. The second component is the ‘subject’ of free speech rights, or who are the rights-holders: citizens, natural or legal persons. The third is the ‘scope’ of a free speech right, while the fourth is the kind of obligation it imposes on others: a negative prohibition or a positive obligation. The fifth component is the ‘object’ of a free speech right: who is bound to respect a right of freedom of expression and against whom the right may be asserted. Finally, there is the ‘limitation’ of a free speech right.

The future of the printed book in the era of technological advancement: an imperative for digital innovation and engagement

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rhoydah Nyambane
Keyword(s):  
New Technologies ◽  
The Body ◽  
Theory And Practice ◽  
Primary Data ◽  
The Internet ◽  
Young Generation ◽  
Technological Advancement ◽  
Content Type ◽  
The Face ◽  
Book Publishers

Purpose The purpose of this paper is to establish the place of the printed book in the era of technological advancement with the assumption that the print media is facing imminent death in the face of readily available and convenient online information. Also the paper aims to assess how the development of new technologies have affected the production, circulation and readership of the printed book, especially among the young generation. Design/methodology/approach Explanatory study was used with closed-ended approach to collect data from 50 students of the Technical University of Kenya and 5 key informant interviews with selected book publishers in Nairobi. The uses and gratification theory was used to explore the knowledge-seeking behavior among the respondents. Findings Findings showed that more than 80% of the respondents preferred the internet to the printed book, which, according to them, has no future in the face of technological advancement. Book publishers, on the other hand, felt that the printed book has a bright future among specific audiences who are committed to it, and especially those in the rural areas who have no access to the internet. While they agreed that the internet has posed a major challenge to the sales and readership of the printed book significantly, it is helping in marketing the printed book as opposed to killing it. New bookshops in Nairobi and modern libraries in high schools, tertiary institutions and universities demonstrate that the printed book is not dying soon. Research limitations/implications The researcher experienced challenges in data collection as the respondents were busy preparing for final examinations and hence many of them were not willing to spare time to fill the questionnaire. To solve this, the researcher had to spend more time to collect data as opposed to if the students were free and ready to participate in the study without any pressure. Practical implications The findings can be used as a basis for further research to widen the scope that can help bring a wider perspective to the topic. The results can also inform policy guidelines on the topic and also contribute to the body of knowledge. Social implications The topic touches on social phenomena that are affecting a number of young people and their information-seeking habits in the era of digital revolution. The way the young generation seek and use information should be of interest not only to academic staff but also to policymakers. Originality/value The paper is original based on primary data that was collected by the researcher from the respondents. It is backed by secondary data to bridge the gap between theory and practice.

scholarly journals The right to know and freedom of expression in the Arab world in the Digital Age

2019 ◽  
Vol 9 (3) ◽  
pp. 27
Author(s):  
Iman Mohamed Zahra ◽  
Hosni Mohamed Nasr
Keyword(s):  
New Media ◽  
Freedom Of Expression ◽  
Arab World ◽  
Digital Age ◽  
Freedom Of The Press ◽  
Right To Know ◽  
The Press ◽  
The Right To Know ◽  
Arab States ◽  
The Right

'The right to know' represents a fundamental and vital human right. Progress and development of nations fully require information freedom and knowledge sharing. Using a qualitative analysis of a sample of information and press laws in most of Arab states, this paper aims at discussing 'the right to know' from different perspectives while highlighting the surrounding aspects and their consequences on the right of freedom of expression in those states. The paper also tends to clarify the effects of new media on the vision and practices of governments regarding 'the right to know' and the freedom of the press in the digital age. Moreover, the paper analyzes the different types of censorship the Arab states use to control the new media. Findings shed light on different aspect of 'the right to know' within the different challenges of the digital age and clarify the strong bondage of this right with the other human rights, especially freedom of expression and freedom of the press.

Freedom of Expression and Democracy

2021 ◽  
pp. 81-105
Author(s):  
Ashutosh Bhagwat ◽  
James Weinstein
Keyword(s):  
Eighteenth Century ◽  
Free Speech ◽  
Freedom Of Expression ◽  
Theoretical Perspective ◽  
Modern World ◽  
Popular Government ◽  
The Press ◽  
Political Association ◽  
The Right ◽  
The Relationship

This chapter focuses on the relationship between freedom of expression and democracy from both a historical and a theoretical perspective. The term ‘freedom of expression’ includes free speech, freedom of the press, the right to petition government, and freedom of political association. Eighteenth-century proponents of popular government had long offered democratic justifications for freedom of expression. The chapter then demonstrates that freedom of political expression is a necessary component of democracy. It describes two core functions of such expression: an informing and a legitimating one. Finally, the chapter examines the concept of ‘democracy’, noting various ways in which democracies vary among themselves, as well as the implications of those variations for freedom of expression. Even before democratic forms of government took root in the modern world.

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.

Introduction

2018 ◽  
pp. 1-27
Author(s):  
Anushka Singh
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
University Of California ◽  
American Democracy ◽  
Mob Violence ◽  
A Chain ◽  
The Right ◽  
The University ◽  
Public Lecture

On 1 February 2017 at the University of California, Berkeley, USA, mob violence erupted on campus with 1,500 protesters demanding the cancellation of a public lecture by Milo Yiannopoulos, a British author notorious for his alleged racist and anti-Islamic views.1 Consequently, the event was cancelled triggering a chain of reactions on the desirability and limits of freedom of expression within American democracy. The Left-leaning intellectuals and politicians were accused of allowing the mob violence to become a riot on campus defending it in the name of protest against racism, fascism, and social injustice. In defending the rights of the protesters to not allow ‘illiberal’ or hate speech on campus, however, many claimed that the message conveyed was that only liberals had the right to free speech....

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