scholarly journals Is Social Media Challenging the Authority of the Judiciary? Rethinking the Effectiveness of Anonymised and Super Injunctions in the Age of the Internet

2016 ◽  
Vol 18 (32) ◽  
pp. 39-87 ◽  
Author(s):  
Thaddeus Manu ◽  
Felipe Romero Moreno
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Freedom Of Expression ◽  
The Internet ◽  
Right To Privacy ◽  
Legal Doctrine ◽  
The Right To Privacy ◽  
Procedural Law ◽  
Fundamental Tension ◽  
The Right

Abstract While freedom of expression has a long and well-established constitutional foundation as a self-governing concept, the right to privacy is a relatively recent norm in the constitutional orientation of the United Kingdom. Until the Human Rights Act 1998, the right to privacy had little standing constitutionally. Following on from this standard-setting, notably, both rights have taken on added importance in our modern technological society. Nevertheless, the formulation of privacy into a legal doctrine of human rights seems to have presented a fundamental tension in relation to freedom of expression. As a matter of legal logic, the courts, through a consideration of the law, examine the substantive legal issues in terms of a balancing process, whereby the interest in privacy is balanced against the interest in freedom of expression. It is a matter of broad principle for the courts to rely on injunctions as ancillary instruments of equity in doing justice in this field. Significantly, while the elementary norm of an injunction is that it commands an act that the court regards as an essential constituent to justice, unfortunately, many contend that judges have gone beyond this point, and this is shifting opinions. In fact, serious concerns have been frequently expressed about the extent to which the rich are easily able to invoke the discretion of the court to grant injunctions in a fashion that remains an antithesis to the principle of open justice and also undermines the exercise of freedom of speech. While this suspicion is not entirely new to matters of procedural law, the recent case, PJS v News Group Newspapers turned on this controversy. Therefore, the aim of this paper is to examine the complexity of celebrity privacy injunctions in the age of the internet and question its relevance, as we outline the extent to which social media is challenging the authority of the state (judiciary) in this direction.

Freedom of Expression and the Right to Privacy and Ethics in Dialectic of Human Rights in This Complex and Turbulent Society

2021 ◽  
Vol 9 (2) ◽  
pp. 1-28
Author(s):  
José Poças Rascão ◽  
Nuno Gonçalo Poças
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Online Social Networks ◽  
Freedom Of Expression ◽  
Technological Development ◽  
Social Engineering ◽  
Digital Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

The article is about human rights freedom of expression, the right to privacy, and ethics. Technological development (internet and social networks) emphasizes the issue of dialectics and poses many challenges. It makes the theoretical review, the history of human rights through and reference documents, an analysis of the concepts of freedom, privacy, and ethics. The internet and social networks pose many problems: digital data, people's tracks, the surveillance of citizens, the social engineering of power, online social networks, e-commerce, spaces of trust, and conflict.

scholarly journals The Case Fontevecchia and D’amico Against Argentina

2021 ◽  
Vol 12 (12) ◽  
pp. 179-190
Author(s):  
Everson Alexandre de Assumpção
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Scientific Article ◽  
Vienna Convention ◽  
International Treaties ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
International Court ◽  
The Right

This scientific article was based on a case study, judged by the Argentine Supreme Court. In this process, the author filed a civil action in the civil court to compensate the damage against the authors, understanding that the right to privacy, privacy, honor and image rights were violated. The article sought to analyze the collision of principles, rules, rights and jurisprudence that led the Inter-American Court of Human Rights to rule in favor of Jorge Fontevecchia and Heitor D’amico. These were condemned by the Argentine State for understanding that there was a violation of the Right to Privacy. However, the international court decided to revoke the judgment passed and judged by the Supreme Court of the Argentine Nation, understanding that Fontevechia and D’amigo did not violate the Right to Freedom of Expression, making the action illegal and, therefore, forcing the Argentine State to withdraw the action and also to promote the due reparation of the damages caused to the. On February 14, 2017, the Argentine State rejected the decision of the Inter-American Court, transforming this case into one of the most famous “leading cases” of Argentine international public law. Finally, on October 18, 2017, the International Court issued another resolution to render the sentence in the Fontevecchia y D’Amico case ineffective. It was concluded, therefore, that even with the Argentine constitutional reform of 1994 and the granting of a constitutional hierarchy to international human rights standards, it was defined that the rules of international treaties “do not derogate from the provisions of the first part of the Argentine Constitution” under the terms of article 75, item 22, but attributed to the international treaties a character of complementarity, in addition to the prohibition, provided for in article 27 of the Vienna Convention on the Law of Treaties, to invoke reasons of domestic law for non-compliance in order to comply with international obligations. For the preparation of this scientific article, the deductive method and qualitative and descriptive research were used. As bibliographic references were used published materials, scientific literature, Law and Jurisprudence that were relevant to the purposes discussed here.

Legal Protection of the Right to be Forgotten on the Internet in European and Arab Legislation

2021 ◽  
pp. 1-24
Author(s):  
Jamal Barafi ◽  
Ali Hadi Al-Obeidi
Keyword(s):  
Mass Media ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
The Internet ◽  
Access To Information ◽  
Right To Privacy ◽  
European Approach ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Abstract The development of the Internet and mass media has facilitated access to information and freedom of expression in unprecedented ways, but in so doing there have been many violations, especially of the right to privacy. Such violations have led to calls for the establishment of the right to be forgotten. In this paper, we focus on clarifying the concept of the right to be forgotten and the conditions for establishing this. Moreover, we consider the European approach to the right to be forgotten (RTBF), showing how different European instruments have been employed to recognize this right, such as recommendations, regulations, and directives, in order to coordinate national efforts on this issue. In addition, this paper will analyze the stance of some national Arabic legislation regarding the RTBF.

Accessibility of anonymity networks: How can Web accessibility policies promote the usability of darknets for persons with disabilities?

First Monday ◽  
2018 ◽  
Author(s):  
G. Anthony Giannoumis
Keyword(s):  
Freedom Of Expression ◽  
Web Accessibility ◽  
The Internet ◽  
Right To Privacy ◽  
Public And Private ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
Private Interests ◽  
The Creation ◽  
The Right

Public and private interests concerned over the right to privacy and freedom of expression on the Internet have contributed to the creation and adoption of anonymity networks. Previous research has yet to examine fully the accessibility of anonymity networks for persons with disabilities. Thus, I ask, “To what extent can existing policy approaches to Web accessibility promote the usability of anonymity networks by persons with disabilities?” Using the U.K. and Norway as examples, I argue that existing self-regulatory approaches to Web accessibility policy may provide a useful basis for promoting the accessibility of anonymity networks.

scholarly journals The Police Hack Back: Legitimacy, Necessity and Privacy Implications of The Next Step in Fighting Cybercrime

2017 ◽  
Vol 25 (2) ◽  
pp. 123-144 ◽  
Author(s):  
R.L.D. Pool ◽  
B.H.M. Custers
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The Internet ◽  
Dutch Government ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Police Agencies ◽  
The Right

In an attempt to strengthen the position of the police to fight cybercrime, the Dutch government proposed new legislation giving police agencies new investigative powers on the Internet. This proposed legislation is controversial as it allows police agencies to hack into computers and install spyware. This paper examines the background and contents of the proposed legislation and tries to answer the question to what extent these new investigative powers may result in infringements of the right to privacy and other fundamental rights of citizens, and whether these infringements are justified. The framework for this evaluation, mainly based on the European Convention on Human Rights, focuses on the legitimacy and necessity of the proposed investigative powers. The most important considerations are that new investigative powers are introduced while existing powers are not used adequately and that there are serious doubts as to whether these new investigative powers will be effective.

scholarly journals Internet e Proteção de Dados Pessoais: uma Análise das Normas Jurídicas Brasileiras a partir das Repercussões do caso NSA vs. Edward Snowden

2016 ◽  
Vol 11 (1) ◽  
Author(s):  
Salete Oro Boff ◽  
Vinícius Borges Fortes
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
The Internet ◽  
Rio Grande Do Sul ◽  
National Security Agency ◽  
Right To Privacy ◽  
Legal Rules ◽  
The Right To Privacy ◽  
The Us ◽  
The Right

INTERNET E PROTEÇÃO DE DADOS PESSOAIS: UMA ANÁLISE DAS NORMAS JURÍDICAS BRASILEIRAS A PARTIR DAS REPERCUSSÕES DO CASO NSA VS. EDWARD SNOWDEN  INTERNET AND PROTECTION OF PERSONAL DATA: AN ANALYSIS OF BRAZILIAN LEGAL STANDARDS THROUGH THE REPERCUSSIONS OF THE CASE NSA VS. EDWARD SNOWDEN   Salete Oro Boff*Vinícius Borges Fortes**  RESUMO: A Constituição Federal do Brasil, no artigo 5º, inciso X, assegura a inviolabilidade da vida privada, da intimidade e da honra como um direito fundamental. O Marco Civil da Internet instituiu, no Brasil, diversidade de princípios e parâmetros para a regulação da internet no país. Observa-se, assim, a existência de uma lacuna no sistema jurídico brasileiro, de norma e infraestrutura, para a efetivação da garantia ao direito à proteção dos dados na internet como em outros países. Esta pesquisa busca responder em que medida a norma jurídica brasileira esta adequada como resposta aos atos de vigilância e monitoramento de informações e dados pessoais dos usuários praticada pela NSA – National Security Agency, a partir dos objetivos de (i) observar e mapear a interação de diálogos sociais e institucionais dos Estados Unidos na formação do backlash do caso NSA vs. Edward Snowden; (ii) observar e mapear os resultados da formação do backlash do caso NSA vs. Edward Snowden a partir do reconhecimento da violação do direito à privacidade e à proteção dos dados pessoais como violação de direitos humanos; (iii) observar e mapear as normas jurídicas brasileiras constituídas a partir da compreensão jurídica da internet e as repercussões do caso NSA vs. Edward Snowden. A pesquisa desenvolve o método de análise do mapeamento crítico, analisando comparativamente a interação de diálogos sociais e institucionais nos Estados Unidos na formação do backlash no caso NSA vs. Edward Snowden, relacionado à vigilância e monitoramento de dados e informações pessoais pela agência estadunidense. O mapeamento crítico proposto nessa pesquisa leva em consideração os marcos regulatórios para a governança da internet no Brasil, e que tenham por escopo assegurar a proteção jurídica do direito à privacidade, à inviolabilidade dos dados pessoais, em equilíbrio com o direito ao acesso à informação, sobretudo em relação ao tema do estudo, que se concentra na compreensão de que a violação do direito à privacidade e à proteção dos dados pessoais configura uma transgressão aos direitos humanos. A pesquisa identifica que o Brasil possui normas jurídicas que atendem parcialmente aos anseios da sociedade em relação à proteção de dados pessoais, especialmente após a repercussão dos atos de vigilância em massa promovidos pelo governo dos EUA. PALAVRAS-CHAVE: Privacidade. Vigilância em massa. Ciberespaço. NSA vs. Edward Snowden. ABSTRACT: Brazilian Federal Constitution, Article 5, section X, ensure the inviolability of privacy, intimacy and honour as a fundamental right. The Brazilian Internet Bill of Rights (also called ‘Marco Civil da Internet’) instituted a diversity of principles and parameters for regulation of Internet in Brazil. Therefore, it can be verified the existence of a gap in Brazilian legal system, which cannot assure as effective guarantee to the right to data protection on the Internet as identified in other countries. This research seeks to analyze to what extent the Brazilian legal rules are appropriate to answer acts of surveillance and monitoring of information and personal data of users practiced by the NSA - National Security Agency. Its aim is (i) to observe and map the interaction between social and institutional dialogues in US in the backlash formation of the NSA vs. Edward Snowden case; (ii) to observe and map the results of the formation of the backlash of the NSA vs. Edward Snowden case through the recognition of the infringement of the right to privacy and protection of personal data as an infringement of human rights; and (iii) to examine and map Brazilian legal rules established based on a legal understanding of the Internet and the repercussions of the NSA vs. Edward Snowden. This research was developed through the method of analysis of critical mapping, comparatively analysing the interaction of social and institutional dialogue in the United States in the formation of backlash of NSA vs. Edward Snowden, which was related to the surveillance and the monitoring of data and personal information by the US agency. The critical mapping proposed in this study takes into account  regulatory frameworks for the governance of the Internet in Brazil that have the scope to ensure legal protection of the right to privacy and inviolability of personal data, in balance with the right of access to information. The research emphasizes the understanding that the infringement of the right to privacy and the protection of personal data constitutes a violation of human rights. The study identifies that Brazil has legal rules that partially meet social concerns regarding the protection of personal data, especially after the impact of actions of mass surveillance promoted by the US government. KEYWORDS: Privacy. Surveillance. Cyberspace. Human rights. NSA vs. Edward Snowden. SUMÁRIO: Introdução. 1 Internet, ciberespaço e sociedade: a violação de direitos e o uso de dados pessoais. 1.1 A sociedade da relevância, o Estado de vigilância e a surveillance. 2 Uma análise da violação de dados pessoais na internet a partir do caso NSA vs. Edward Snowden. 2.1 O Direito brasileiro e as repercussões do caso NSA vs. Edward Snowden. 2.1.1 A tutela da proteção de dados pessoais em um contexto constituído a partir de uma compreensão jurídica da internet. Conclusão. Referências.* Pós-doutora pela Universidade Federal de Santa Catarina (UFSC). Doutora em Direito pela Universidade do Rio dos Sinos (UNISINOS). Professora do Programa de Pós-Graduação da Faculdade Meridional (IMED), Rio Grande do Sul.** Doutor em Direito pela Universidade Estácio de Sá (UNESA), Rio de Janeiro, na linha de pesquisa Direitos Fundamentais e Novos Direitos. Professor do curso de Direita da Faculdade Meridional (IMED), Rio Grande do Sul.

scholarly journals Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

2016 ◽  
Vol 9 (2) ◽  
pp. 150-170
Author(s):  
Edita Gruodytė ◽  
Saulė Milčiuvienė
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Court Decisions ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
The Law ◽  
Right To Information ◽  
The Right

Abstract In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

The China Dilemma: Internet Censorship and Corporate Responsiblity

2009 ◽  
Vol 4 ◽  
pp. 1-28 ◽  
Author(s):  
Justine M. Nolan
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
Freedom Of Expression ◽  
Chinese Government ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
State Actor ◽  
Internet Censorship ◽  
The Right

AbstractThe ever increasing nexus between human rights and business and the accompanying vagueness of concepts such as a company's ‘sphere of responsibility’ for human rights can, and has, created anxiety amongst companies. Considerations of human rights traditionally take place in the context of a state-based system of global governance; however, the rise of the corporation as a powerful non-state actor in recent decades has seen increased interest in understanding the emerging relationship between human rights and business and what, if any, responsibility business should assume for protecting human rights. This article considers the role played by U.S. technology companies such as Yahoo, Google and Microsoft in working with the Chinese government to censor internet content and thus intrude on the human rights to freedom of expression and opinion and the right to privacy. It concludes by focusing on the practicalities of protection and how human rights responsibilities might be apportioned between states and business and if so, how, when and why such an obligation might ensue.

scholarly journals Wolność wypowiedzi i prawo do prywatności w społeczeństwie informacyjnym – wybrane aktualne refleksje

2020 ◽  
Vol 18 (1) ◽  
pp. 20-40
Author(s):  
Agnieszka Demczuk ◽  
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Freedom Of Expression ◽  
The Internet ◽  
Public Authorities ◽  
Economic Rights ◽  
Legal Documents ◽  
The Right To Privacy ◽  
Protection Of Human Rights ◽  
The Right

The measure of civilizational progress is not only economic development, which for several years has been determined by the development of computer science, but also an increase in the level of respect for human rights and freedoms guaranteed in various international legal documents. The Internet is increasingly determining the use of personal, political, social, and economic rights. Public authorities, as part of positive obligations, should be more actively involved in the protection of human rights, especially the freedom of expression and the right to privacy, which are currently being violated quite widely and especially in the horizontal dimension in cyberspace.

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