scholarly journals Freedom of Expression, Right to Information, Personal Data and the Internet in the view of the Inter-American System of Human Rights

2017 ◽  
Vol 6 (1) ◽  
pp. 21
Author(s):  
Silvia Susana TOSCANO
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Personal Data ◽  
The Internet ◽  
American System ◽  
Right To Information

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

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.

16. Invasion of privacy

Tort Law ◽  
2019 ◽  
pp. 446-481
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Freedom Of Expression ◽  
Free Standing ◽  
Legal Concept ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Right To Information

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

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.

scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Individual Responsibility ◽  
The Internet ◽  
Snowball Sampling ◽  
Internet Users ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

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 Captain America protecting digital rights: “old school” national law vs. emerging internet complexities in Azerbaijan

2020 ◽  
pp. 132-145
Author(s):  
Shahin Mammadrzali
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Traditional Approach ◽  
Satellite Communications ◽  
Digital Data ◽  
The Internet ◽  
Strong Impact ◽  
Digital Information ◽  
Digital Rights ◽  
Captain America

It is indicated in the article that emerging information technologies influences human rights norms in any democratic society. Especially, the Internet has changed the traditional approach to methods of ensuring human rights, while adding new challenges at the same time, such as regulating cybersecurity, digital data protection, digital freedom of information, privacy, discrimination in the Internet, etc. The traditional flow of information through newspapers, radio and television is currently combined with new means of exchanging digital information, mobile and satellite communications, the Internet and other technological advances. Of course, these innovations make governments to review traditional human rights legislation to stay fit and updated. Yet, some fundamental norms of national human rights legislation should remain unchangeable. Simply put, it looks like Captain America from the movie “Avengers” – a very old guy who develops his abilities to defeat dangers, but also preserves “old school” strength and leadership skills. In the light of these issues, the present article is devoted to the analysis of the conceptual foundations of national legislation in Azerbaijan on the protection of digital rights in the Internet. The article emphasizes that digital rights themselves are one of the factors demonstrating the strong impact of communication technologies on human rights, especially information rights and freedom of expression.

Legal grounds for restricting access to information: a philosophical aspect

2021 ◽  
Vol 28 (3) ◽  
pp. 64-73
Author(s):  
Oleh M. Omelchuk ◽  
Mariia P. Muzyka ◽  
Mykola O. Stefanchuk ◽  
Iryna P. Storozhuk ◽  
Inna A. Valevska
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Communication Technologies ◽  
Security And Privacy ◽  
The Internet ◽  
Free Access ◽  
Constitutional Rights ◽  
Access To Information ◽  
Right To Information ◽  
The Right

The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should be clearly defined by law and applied only in cases where legitimate and vital interests, such as national security and privacy, need to be respected. The main purpose of this study is to consider the legal and socio-philosophical aspects of access to information. Restricting access to documents as media has been practiced since ancient times. The study highlights the existing inconsistencies and lags in the implementation of the principles of exercise of the right to information in Ukraine at the level of laws and subordinate legislation. The study classifies information according to the nature of restrictions (exercise) of constitutional rights and freedoms in the information sphere. It was discovered that the legislation of Ukraine does not systematise the list of confidential information in a single regulation in contrast to the Russian Federation and provides the main types of confidential personal information. It was found that restrictions on any freedoms and human rights, including in the information space, can be established with the help of various regulators, the dominant among which are the following levels of implementation: legal (legislative); moral self-consciousness of society; autonomy of the person. Features and spheres of action of regulators of restriction of freedoms and human rights are described. To restrict access to information, various methods are used to protect it from unauthorised receipt, which can be divided into two groups: formal and informal

scholarly journals INTERNATIONAL HUMAN RIGHTS PROTECTION ON THE INTERNET

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Valentyna Babiichuk ◽  
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Main Idea ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Private International Law ◽  
Human Rights Protection ◽  
Social Settings

The research has been done on the international legal protection of rights and freedoms of Internet users in the context of the rapid grow and development of information and telecommunication technologies, global spread of Internet coverage and extraordinary availability of IT resources. The article demonstrates and analyses precedents of human rights abuses and violations in cyberspace, covers international and national legal instruments countering them, highlights potential methods of human rights and security, examines Internet safety concerning privacy and phenomenon of the overall transformation of private international law in accordance with challenges of the day. Numerous possible measures to protect personal data in cyberspace are listed as well as shortcomings of modern legal regulation in the area of human rights, violations on the Internet, which allow certain private actors to dodge the law. The author reviewed and summarized the main international and national legal acts in the field of human cybersecurity and the general content of it, documents of international organizations, regulating some aspects of cybersecurity were examined as well as some aspects of privacy in social settings and Internet platforms. The article also emphasizes that the comprehensive study of Internet challenges will always be a topical issue, for reasons that innovation and progress are on the rise, and the world faces more and more new and emerging challenges every day. Scientists and lawyers do not have the time and physical ability to analyze and research a great deal of information. They are failing to propose solutions to existing problems and to adapt legal systems to daily changes. The article also has taken note that the accessibility of the Internet could possibly jeopardize democracy. The main idea of research and the key thesis of the article is international and public methods to protect human rights on the cyberspace and also themself protection of users. The author has demonstrated how essential in our on-line work and Internet using safety is. In addition, the author showed how easy our private information could be about to the risk of identity theft and described well-known precedent of such cases.

Sign in / Sign up

Export Citation Format

Share Document