Enriching or Impoverishing Discourse on Rights? Talk about Freedom of Expression on Arab Television

2010 ◽  
Vol 3 (1) ◽  
pp. 101-119 ◽  
Author(s):  
Naomi Sakr

AbstractThere is more to the denial of freedom of expression than outright censorship. The right to freedom of expression is interdependent with, and indivisible from, other rights guaranteed under the Universal Declaration of Human Rights. To discuss freedom of expression narrowly as if it were self-contained, and to conceal the issues, processes, and conflicts implicit in its achievement, can be seen as a hegemonic strategy that serves relations of domination. Three sets of public exchanges analyzed here, conducted on and about Arab television against a background of growing international intolerance for free speech, arguably contributed to a narrow, reified understanding of freedom of expression. The first centered on a television drama serial, the second on cartoons of the Prophet Mohammed, and the third on the ambitions of a privately owned television station in Egypt. Since freedom of expression was repeatedly referred to in all three cases, it might be said that Arab television increased awareness on this topic. Evidence shows, however, that instead of illuminating ways in which the rights and duties inherent in freedom of expression could benefit the viewing public, each set of exchanges helped to sustain power relations by obscuring them.

Author(s):  
Stephen Gardbaum

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or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded.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.


2009 ◽  
Vol 15 (1) ◽  
pp. 5-8
Author(s):  
David Robie

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart informa tion and ideas through any media and regardless of frontiers.- Article 19, Universal Declaration of Human Rights When military strongman Commodore Voreqe Bainimarama staged his creeping coup d’état on 5 December 2006—Fiji’s fourth in two decades—he was quick to declare: ‘We will uphold media freedom’ (cited in Foster, 2007). Barely two and a half years later, when he finished off the job with a putsch—dubbed ‘coup 4.5’ by some—and after having expelled three publishers, two New Zealand diplomats and five journalists over the intervening period, he told Radio New Zealand freedom of speech ‘causes trouble’ and must be curbed to allow the military government do its work (Bainimarama: Free speech ‘causes trouble’, 15 April 2009).


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 95-112
Author(s):  
Dr. Burhan Uddin ◽  
Arsala Khan ◽  
Abdur Rahim Khan

The history of slavery is very old. In which three types are very famous. Sell a freelance person, making slavery to a person resulting in a loss, and the prisoners arrested in the war were enslaved. Islam eliminated the first two types and the third case as an option left. On December 10th, 1948 UN passed the Universal Declaration of Human Rights, which includes the right to human rights with other rights. Any type of slavery was prohibited. In the light of this universal charter, objections to Islam's concept of slavery began to be raised. What is the validity of the objections in the light of the Universal Declaration of Human Rights 1948  raised against the Islamic concept of slavery? the methodology adopted for this research is to examine the contents of the Universal Declaration of Human Rights from an Islamic point of view. In the same way, a true Islamic, rational and logical examination of the concept of slavery of Islam has been presented. There is also a wise law about slaves in the universal system that Islam has given to the world. Slavery in the name is left, otherwise, all their rights are in no way less than free human beings.   In case of any kind of abuse, they could have approached the Islamic court and got justice.


Author(s):  
Gabru Naeema

This contribution is a review of a book on actions which may offend religious feelings even if it was not the intention of the offender to do so. This book illustrates how, drawings (amongst others) on the face of it, may be construed to be a mere exercise of the right to freedom of expression or free speech in a democratic society. This is regardless of the content of the drawing which, to other societies, may constitute an offence.  


Author(s):  
Andrew Clapham

‘Balancing rights—free speech and privacy’ considers the human rights that have built-in limitations. The thrust of international human rights law for these rights is that limitations to rights must be justified by reference to pre-existing accessible laws that allow for proportionate action necessary to achieve a legitimate aim such as national security, public order, or the rights of others. Human rights simultaneously claim to protect freedom of expression and the right to privacy, but how do you balance these rights and put them into practice? It all depends on the context and proportionality.


Author(s):  
Leto Cariolou

This chapter analyses key features of the purported conflict between the right to free speech and the right to reputation in the context of the case law of the European Court of Human Rights. The chapter addresses two questions. How can it be that the right to free speech and the right to reputation co-exist as equal, when they can require directly opposite results or protective measures? Second, how can the seemingly inescapable conflict between them be principally reconciled without leading to inconsistent outcomes, depending on how the claims on which they are grounded are framed and adjudicated? The chapter argues that, in adjudicating defamation cases, the ECtHR employs in principle substantive reasoning aimed at delineating or defining the content of both rights, which effectively circumnavigates the conflict between them. Thus the limits of freedom of expression are set where protection of the right to reputation begins; and vice versa.


2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Ndumiso Ncube

One of the modern dictates of freedom is a human’s right to free speech as enshrined in the United Nations’ (2015) Universal Declaration of Humans Rights (UDHR) of 1948. The very concept of “universal” rights foregrounds the question on what and who is human. Following this universal doctrine, all freedoms, including the freedom to free speech translates ultimately to “beings” that are critically self-conscious, or at least beings who are regarded as human-beings, who are allowed to exist, to live, and to be free. Indeed, to examine what has happened to those who exist in Fanon’s (2008) zones of non-being who are denied their right to free speech even after the “universal” pronouncements of 1948 is equally important. In fact, all along and even today (and because of coloniality) the Third World citizens may still be denied their right to free speech, their right to be free from economic bondage or otherwise – which are, after all, their natural rights to be human. To be “free”, to be “human” or to “live” denotes that one has the ability to speak as the universal declaration accords. The voice (an ability to be heard) or its lack creates beings that are not regarded as human. Indeed, the effects of talking or not talking of the anthropos, or on behalf of them is explored, somewhat as the unreliability and the corruptibility of the authority of language and authorship. This is to say, the meaning and intentions (of the voice) that belongs to those in the zones of non-being are most often misunderstood, mistranslated and sometimes misread and unheard – stripping them of one of their essential human rights to be heard. This way, I seek to investigate the dilemma of the right to free speech in J.M. Coetzee’s novel Foe (1986) as well as challenge the UDHR declaration that all humans are born equal with a right to freedom of speech. I argue that the possession of language in the world where there are two zones, as illustrated in John Maxwell Coetzee’s Foe (1986) does not guarantee one to be heard or liberated.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Muhammad Amin Putra

Briefly Human Rights can be divided into three categories, including: first, the first generation of Human Rights of a matter of civil rights and politics, secondly, about the rights of economic, social and cultural, and the third, representing the right to equality. Enforceability constitution in Indonesia including of the Constitution RIS of 1949 and Provisional Constitution RIS 1950, the Constitution of 1945, Amendment (I-IV) of the 1945 Constitution. Enforceability of human rights in the constitution in Indonesia has a different history in terms of the setting and the mention. Contents of Human Rights not only based on the rights of association, assembly, and contend yet more extensive and specific. The charge of human rights in the 1945 Constitution Amendment 1-4 nearly includes all the settings of the Universal Declaration in 1948.Keywords: Human Rights, Constitution, Law 


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


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