The Freedom of Speech of Religious Communities and their Protection from Freedom of Speech in the Hungarian Legal System

2013 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
András Koltay
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Religious Communities ◽  
Religious Activities ◽  
New Churches ◽  
The Media ◽  
Constitutional System

Abstract In keeping with the general European conception of freedom of speech, the Hungarian legal system achieves an appropriate balance between the interests vested in the protection of religious communities and the freedom of expression. In itself the injury, the feeling of hurt caused by criticism or even vilification of religion does not provide adequate grounds for the restriction of speech (an exception from this is the prohibition applicable to commercial communications published in the media). The new constitutional system has not changed this approach. The relevant passages of the new Churches Act are primarily declarative in nature. When examining these provisions which, at first sight, appear to give preference to churches over associations performing religious activities in a broader context, it becomes apparent that, in respect of the freedom of speech of religious communities as well as the protection of such communities from the freedom of speech, no distinction is made between these two types of organisation, the legal status of which are otherwise different.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

scholarly journals The Protection of Whistle-blowers within the Latest Initiatives of the Council of Europe

2019 ◽  
Vol 9 ◽  
Author(s):  
Katarzyna Badźmirowska-Masłowska
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Status ◽  
Council Of Europe ◽  
Media Environment ◽  
Protection Of Human Rights ◽  
The Media

The protection of whistle-blowers under the Article 10 of ECHR has faced a lot of com-plex problems, which had been a result from the implications of ICT`s development and change of the media environment. The COE is involved in a worldwide debate about changes taking places in a contemporary legal system in the context of the protection of human rights. Therefore, the review of the latest legal initiatives (resolutions, recommendations, etc.) as well as other activities in the field concerned might be helpful to put the question-able issues.As the article is of the introductory character, further analysis is required. Within the human rights approach, it should concern, in particular the legal status of the whistle-blower and the issues, pertaining to legal and alternative ways of her/his protection.

scholarly journals Myanmar Media: Legacy and Challenges

2020 ◽  
pp. 245-271 ◽  
Author(s):  
Maria Ochwat
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Democratic Society ◽  
Press Freedom ◽  
Close Link ◽  
State Security ◽  
The Press ◽  
The Media ◽  
The Individual

For nearly fifty years Myanmar was ruled by a military junta. It did not tolerate any criticism, and severely punished anyone who dared to oppose them. At the same time, it cut the country off from the rest of the world, preventing it from being informed about Burma’s internal situation. The announcement of the changes came when Thein Sein’s first civilian government was formed in 2011. Almost 10 years have passed since then and Myanmar, according to the Press Freedom Index, is considered to be one of the countries where freedom of speech and freedom of the media are commonly violated and journalists are often persecuted and punished. Freedom of expression is one of the pillars of a democratic society, the basis for its development and a condition for the self-fulfillment of the individual. One of the most important ways of exercising freedom of speech is through free and independent media. The issue of respect for freedom of expression and freedom of the media must be seen in a broader context. It should be noted that there is a close link between respect for human rights and peacekeeping. Although freedom of expression, and thus freedom of the media, is one of those freedoms which may be restricted in specific situations, it cannot be done arbitrarily. Under public international law the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. The authorities of Myanmar, when introducing and maintaining restrictions on freedom of speech and media, often invoke the need to restrict freedom of speech and media for reasons of state security, protection of morality or public order. However, one can venture to say that they are in fact afraid of criticism and possible public actions against the current authorities.

POLITICAL PLURALISM: NOTION, CONCEPTUAL AND INTERPRETATIVE FORESHORTENING

2020 ◽  
Vol 10 (4) ◽  
pp. 32-37
Author(s):  
VALERIA GELUNENKO ◽  
◽  
SERGEY ANDREEV
Keyword(s):  
Direct Democracy ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Political Pluralism ◽  
Democratic State ◽  
Political Interests ◽  
Political Freedoms ◽  
Constitutional System ◽  
The Right

In order to reveal the content of political pluralism, the article considers conceptual, conceptual and interpretative approaches to its definition in the context of constitutional relations with the foundations of the constitutional system, constitutional values, freedom of speech and expression. It is revealed that the absence of the term “political pluralism” in the constitutional text of Russia is made up for by its disclosure through the interpretation of the related principles of “ideological diversity”, “political diversity” and “multiparty”. It is this perspective of the study of political pluralism that helps to justify it as the basis of the constitutional system of Russia. It is noted that since freedom of speech and expression are associated primarily with political freedoms, they are most logically associated with political pluralism. It is proved that the latter implies the presence of citizens in society who have their own interests, adhere to different views on the development of the state and society and unite on this basis in groups, as well as finding a compromise between them based on common ideals and values when solving issues of national importance. The analysis of the motivational part of the decisions of the constitutional Court of the Russian Federation served to reveal the content of political pluralism. The authors concluded that the structure of political pluralism consists of political diversity, freedom of speech, freedom of expression, and political compromise. As a generalization, the authors noted that the principle of political pluralism is revealed by this body through guarantees of political diversity and the possibility of finding a compromise of political interests at the level of the Parliament. In addition, it was stressed that the principle of political diversity in a democratic state is ensured through the functioning of such institutions of direct democracy as freedom of speech, free elections, freedom of peaceful public events, the right to Association and freedom of their activities, including political parties. It is concluded that the coordination of political interests should be provided by parliaments of various levels.

scholarly journals Liberdade de expressão e ponderação de valores: tutela da dignidade da pessoa humana versus hate speech

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Jaianny Saionara Macena de Araújo ◽  
Magno Gurgel Saraiva ◽  
Adriano Marteleto Godinho
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Human Dignity ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Civil Liability ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
The Social

RESUMOEste trabalho tem como objetivo desenvolver a discussão sobre a liberdade de expressão e seu conflito com o discurso de ódio no ordenamento jurídico brasileiro. Deste modo, expõe-se o entendimento e a dimensão do discurso de ódio, assim como sua resolução diante de casos concretos e a reparação civil pelos danos oriundos. Neste contexto, a Ciência Jurídica não pode ser indiferente ao conteúdo dessas normas, tampouco à sua capacidade de adequação aos problemas sociais. O exercício das liberdades civis, sob este prisma, tem muito a ser enriquecido, à medida que se expande a compreensão – antes eminentemente limitada à esfera normativa privada – e passa a tratar da proteção e garantia de direitos com uma preocupação finalística que deve cuidar evidentemente dos direitos humanos, de sua validade fundada tanto na lei, quanto na Constituição, e de sua real eficácia em favor da dignidade humana.PALAVRAS-CHAVEDireitos Humanos. Direitos Fundamentais. Discurso de ódio. Dignidade da pessoa humana. Liberdade de expressão. ABSTRACTThis paper aims to develop the discussion about freedom of expression and hate speech in the Brazilian legal system. Thus, it shows the concept and dimension of hate speech, as well as the resolution in specific cases and the civil liability for damages. In this sense, Law can’t be indifferent to the content of these rules, neither to its adequation capacity towards the social problems. The exercise of civil liberties, based on this conception, has a lot to be enriched, as far as it expands the understanding – previously limited eminently to the private normative sphere – and moves on to the protection and guarantee of rights with a concern that obviously has to take care of human rights, as well as its real effectiveness in favor of human dignity.KEYWORDSHuman rights. Fundamental rights. Hate speech. Human dignity. Freedom of speech.

The Cringing and the Craven: Freedom of Expression in, Around, and Beyond the Workplace

2007 ◽  
Vol 17 (2) ◽  
pp. 263-296 ◽  
Author(s):  
Bruce Barry
Keyword(s):  
Free Speech ◽  
Legal Status ◽  
Legal Theory ◽  
Freedom Of Expression ◽  
Management Practice ◽  
Civil Liberties ◽  
Freedom Of Speech ◽  
Theoretical Perspectives ◽  
Expressive Activity ◽  
And Control

ABSTRACT:Work is a place where many adults devote significant portions of their waking lives, but it is also a place where civil liberties, including freedom of speech, are significantly constrained. I examine the regulation and control of expressive activity in and around the workplace from legal, managerial, and ethical perspectives. The focus of this article is on workplace freedom of expression: the ability to engage in acts of expression at or away from the workplace, on subjects related or unrelated to the workplace, free from the threat of discipline or discharge. I present a taxonomy of workplace-relevant acts of expression, describe the present legal status of workplace expression, review and integrate theoretical perspectives on free speech, drawn mainly from legal theory and philosophy, and critically assess the state of freedom of expression in the workplace, arguing that it is excessively and unnecessarily limited in both law and management practice.

Representasi Moralitas Dalam Iklan Teh Botol Sosro Versi “Semeja Bersaudara”

2020 ◽  
Vol 26 (1) ◽  
pp. 48-59
Author(s):  
Aji Sulistyo
Keyword(s):  
Social Life ◽  
Human Action ◽  
Moral Values ◽  
Religious Communities ◽  
The Public ◽  
Television Advertisement ◽  
Stuart Hall ◽  
The Media ◽  
Promotional Messages ◽  
Social Messages

Television advertisement is an effective medium that aims to market a product or service, because it combines audio and visuals. therefore television advertisement can effectively influence the audience to buy the product or service. Advertisement nowadays does not only convey promotional messages, but can also be a medium for delivering social messages. That is one form of the function of the media, which is to educate the public. The research entitled Representation of Morality in the Teh Botol Sosro Advertisement "Semeja Bersaudara" version analyzed the morality value in a television advertisement from ready-to-drink tea producers, Teh Botol Sosro entitled "Semeja Bersaudara" which began airing in early 2019. In this study researchers used Charles Sanders Peirce's Semiotics theory with triangular meaning analysis tools in the form of Signs, Objects and Interpretations. In addition, researchers also use representation theory from Stuart Hall in interpreting messages in advertisements. The results of this study found that the "Semeja Bersaudara" version of Teh Botol Sosro advertisement represented a message in the form of morality. There are nine values of morality that can be taken in this advertisement including, friendly attitude, sharing, empathy, help, not prejudice, no discrimination, harmony, tolerance between religious communities and cross-cultural tolerance. The message conveyed in this advertisement is how the general public can understand how every human action in social life has moral values, so that the public can understand and apply moral values in order to live a better life.

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Freedom of speech is not freedom from ethics: the 2019 Israel Folau media controversy as a case study

2021 ◽  
pp. 1329878X2199289
Author(s):  
Jay Daniel Thompson ◽  
Denis Muller
Keyword(s):  
Content Analysis ◽  
Freedom Of Speech ◽  
Rugby Player ◽  
Ethical Principles ◽  
Framing Analysis ◽  
The Media ◽  
The One

This article examines how freedom of speech is framed in the media controversy surrounding the Australian rugby player Israel Folau’s April 2019 Instagram post. A content analysis and framing analysis of newspaper reportage reveals that the controversy has been largely discussed in terms of whether or not Folau’s speech was being curtailed and whether this curtailing indicates a broader, ideologically motivated censoriousness. This discussion is problematic in that it says little about the actual substance of Folau’s post. This article argues that debates surrounding freedom of speech such as the one involving Folau could and should be enriched by an engagement with ethical principles. This engagement is premised on a commitment to the free exchange of views, while acknowledging that ‘speech’ is not always inherently beneficial for democracy, nor worth defending.

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