scholarly journals Charlie Hebdo: Testing the Limits of Freedom of Expression

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Niaz A. Shah
Keyword(s):  
Public Space ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
European Convention ◽  
Muslim Community ◽  
The Public ◽  
Shared Space ◽  
The Right ◽  
Charlie Hebdo

AbstractThe right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Muhammad, which although might offend Muslims, are an acceptable form of expression in Western democracies except cartoon number two implying the Prophet Muhammad as a ‘terrorist’ which is ‘insulting’ and ‘an abusive attack’ on the Muslim community and Islam. In the post-9/11 circumstances, it may be viewed as a vehicle for instigating hatred against the Muslim community. By critiquing the inaction of Denmark and France, I argue that failure to prosecute Jyllands-Posten and Charlie Hebdo violates Articles 9(1) of the European Convention and the Danish Criminal Code and the French Freedom of Press Act 1881. Relying on ECtHR’s jurisprudence, I argue that the values of the Convention and democracy aim to nurture a society based on tolerance, social peace, non-discrimination and broad-mindedness. The public space is a shared space and no single group – religious and non-religious – can monopolise nor intimidate it.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

17. Article 10: freedom of expression

2021 ◽  
pp. 360-389
Author(s):  
Howard Davis
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Convention ◽  
Liberal Democratic ◽  
Key Points ◽  
Liberal Democratic Society ◽  
The Right ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.

Public Morals and the European Convention on Human Rights

2014 ◽  
Vol 47 (3) ◽  
pp. 361-378 ◽  
Author(s):  
Roberto Perrone
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Convention ◽  
The Public ◽  
General Clause ◽  
Protection Of Human Rights ◽  
The Right

The protection of ‘morals’ appears frequently as a limitation on the exercise of fundamental rights, both in international covenants and in constitutional charters. The European Convention for the Protection of Human Rights is not an exception, and ‘public morals’ may be called upon to justify the restriction of several important rights granted by the Convention, such as freedom of expression or the right to respect for private and family life. To avoid arbitrary restrictions of these rights it is important to understand the meaning of this general clause. This article aims to suggest a reading of the ‘public morals’ clause that singles out its scope and its boundaries.

scholarly journals Information Pollution in a Digital and Polarized World as a Challenge to Human Rights Protection – the Council of Europe’s Approach

2021 ◽  
Vol 46 (3) ◽  
pp. 7-26
Author(s):  
Alicja Jaskiernia
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
International Organizations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Abusive Behaviour ◽  
The Right

Information pollution in a digitally connected and increasingly polarized world, the spread of disinformation campaigns aimed at shaping public opinion, trends of foreign electoral interference and manipulation, as well as abusive behaviour and the intensification of hate speech on the internet and social media are the phenomenon which concern international public opinion. These all represent a challenge for democracy, and in particular for the electoral processes affecting the right to freedom of expression, including the right to receive information, and the right to free elections. It is a growing international effort to deal with these problems. Among international organizations engaged to seek solutions is the Council of Europe (CoE). The author analyses CoE’s instruments, legally binding (as European Convention on Human Rights), as well of the character of “soft law”, especially resolution of the CoE’s Parliamentary Assembly 2326 (2020) Democracy hacked? How to respond? She exposes the need for better cooperation of international organizations and states’ authorities in this matter.

Exercising Religious Freedom in the Public Space: A Comparative and European Convention Analysis of General Burqa Bans

2011 ◽  
Vol 7 (3) ◽  
pp. 424-452 ◽  
Author(s):  
Gerhard van der Schyff ◽  
Adriaan Overbeeke
Keyword(s):  
The Netherlands ◽  
Comparative Study ◽  
Public Space ◽  
Public Safety ◽  
Religious Freedom ◽  
European Convention ◽  
Freedom Of Religion ◽  
Public Order ◽  
The Public ◽  
The Right

Analysis of the justifiability of general burqa bans in public – Comparative study of burqa bans in France, Belgium and concept legislation in the Netherlands – Evaluation of burqa bans in light of the Article 9 ECHR, the right to freedom of religion – Evaluation of grounds for introduction of bans, including public safety, public order and the protection of rights and freedoms of others – Conclusion: general burqa bans diffcult to justify in the light of ECHR standards

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

scholarly journals Simulation, Control and Desire. Urban Commons and Semi-Public Space Resilience in the Age of Augmented Transductive Territorial Production

2019 ◽  
pp. 179-198 ◽  
Author(s):  
Manfredo Manfredini
Keyword(s):  
Public Space ◽  
Empirical Studies ◽  
Public Spaces ◽  
Theoretical Framework ◽  
External Control ◽  
The Public ◽  
Spatial Production ◽  
The Public Sphere ◽  
The Right ◽  
Urban Commons

Considering place-based participation a crucial factor for the development of sustainable and resilient cities in the post-digital turn age, this paper addresses the socio-spatial implications of the recent transformation of relationality networks. To understand the drivers of spatial claims emerged in conditions of digitally augmented spectacle and simulation, it focuses on changes occurring in key nodes of central urban public and semi-public spaces of rapidly developing cities. Firstly, it proposes a theoretical framework for the analysis of problems related to socio-spatial fragmentation, polarisation and segregation of urban commons subject to external control. Secondly, it discusses opportunities and criticalities emerging from a representational paradox depending on the ambivalence in the play of desire found in digitally augmented semi-public spaces. The discussion is structured to shed light on specific socio-spatial relational practices that counteract the dissipation of the “common worlds” caused by sustained processes of urban gentrification and homogenisation. The theoretical framework is developed from a comparative critical urbanism approach inspired by the right to the city and the right to difference, and elaborates on the discourse on sustainable development that informs the United Nations’ New Urban Agenda. The analysis focuses on how digitally augmented geographies reintroduce practices of participation and commoning that reassemble fragmented relational infrastructures and recombine translocal social, cultural and material elements. Empirical studies on the production of advanced simulative and transductive spatialities in places of enhanced consumption found in Auckland, New Zealand, ground the discussion. These provide evidence of the extent to which the agency of the augmented territorialisation forces reconstitutes inclusive and participatory systems of relationality. The concluding notes, speculating on the emancipatory potential found in these social laboratories, are a call for a radical redefinition of the approach to the problem of the urban commons. Such a change would improve the capacity of urbanism disciplines to adequately engage with the digital turn and efficaciously contribute to a maximally different spatial production that enhances and strengthens democracy and pluralism in the public sphere.

scholarly journals GUARANTEE OF THE RIGHT TO SILENCE AND OF THE RIGHT NOT TO CONTRIBUTE TO ONE’S OWN INCRIMINATION IN ROMANIAN CRIMINAL PROCEDURE LAW

2018 ◽  
Vol 2 (83) ◽  
pp. 25
Author(s):  
Carmen Adriana Domocos
Keyword(s):  
Freedom Of Expression ◽  
Case Law ◽  
Fair Trial ◽  
European Court Of Justice ◽  
European Convention ◽  
Criminal Offence ◽  
Court Of Justice ◽  
European Court ◽  
Right To Silence ◽  
The Right

The Romanian legislation establishes in the new penal procedure law the right to silence and the right of non-incrimination of the defendant in the criminal trial.The right to silence (to remain silent) is the implicit procedural guarantee of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention on Human Rights, according to which judicial authorities cannot oblige a perpetrator (suspected of having committed a criminal offence), a suspect or a defendant to make statements, while having, however, a limited power to draw conclusions against them, from their refusal to make statements.Therefore, the right to silence involves not only the right not to testify against oneself, but also the right of the suspect or defendant not to incriminate oneself. The suspect or defendant cannot be compelled to assist in the production of evidence and cannot be sanctioned for failing to provide certain documents or other evidence. Obligation to testify against personal will, under the constraint of a fine or any other form of coercion constitutes an interference with the negative aspect of the right to freedom of expression which must be necessary in a democratic Romanian society.The right not to contribute to one’s own incrimination (the privilege against self-incrimination) is the implicit procedural guarantee of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention, according to which judicial bodies or any other state authority cannot oblige a perpetrator (suspected of having committed a criminal offence), a suspect, a defendant or a witness to cooperate by providing evidence which might incriminate him or which could constitute the basis for a new criminal charge. It is essential to clarify certain issues as far as this right is concerned.

scholarly journals Prinsip-Prinsip Etika Kristiani Bermedia Sosial

2021 ◽  
Vol 1 (1) ◽  
pp. 56-68
Author(s):  
Simon Simon ◽  
Tan Lie Lie ◽  
Heppy Wenny Komaling
Keyword(s):  
Social Media ◽  
Public Space ◽  
Hate Speech ◽  
Christian Ethics ◽  
Media Ethics ◽  
Literature Study ◽  
The Public ◽  
Study Approach ◽  
The People ◽  
At Will

Indonesian netizens are often labeled as social media users at will without heeding politeness when interacting. This assessment is further confirmed by a survey conducted by Microsoft,  that Medsos users are labeled as netizens with the worst politeness level for Southeast Asia scale. The predicate is certainly aimed at allreligius netizens without emphasizing certain beliefs. The low politeness indicates the lack of social media ethics applied by the people of the country. Ironically, Indonesia is known as areligius and civilized country, it seems invisible if you look at the behavior of netizens who are. The method used in this paper is descriptive qualitative method with a literature study approach. The description of this topic religion certainly teaches how politeness and politeness in the public space are displayed especially in social media, because politeness is an indikator we are called ethical or not. The principle of Christian ethics teaches that when using social media what a believer must do is not to do body shaming with other online media users, or not to comment racistically. Because God does not differentiate between fellow humans by loving one and not loving another just because humans are different physically, race or nation. The next principle of Christian ethics in social media is not to argue theologically and not to spit negative things. The goal is to avoid quarrels, let alone hate speech. Netizen Indonesia kerap di cap sebagai pengguna media sosial sesuka hati tanpa mengindahkan kesantunan ketika berinteraksi. Penilaian ini makin dipertegas melalui survei yang dilakukan oleh Microsoft,  bahwa pengguna Medsos dilabeli sebagai netizen dengan tingkat kesopanan paling buruk untuk skala Asia Tenggara. Predikat itu tentu ditujukan kepada semua netizen yang beragama tanpa menitik-beratkan keyakinan tertentu. Rendahnya kesopanan menandakan kurangnya etika bermedia sosial diterapkan oleh masyarakat tanah air. Ironisnya, Indonesia yang di kenal sebagai negara yang religius dan beradab, hal itu seakan tidak terlihat bila melihat perilaku netizen yang bar-bar. Metode yang digunakan dalam tulisan ini adalah metode kualitatif deskriftif dengan pendekatan studi kepustakaan. Uraian dari topik ini agama tentu mengajarkan bagaimana kesopanan dan kesantunan di ruang publik ditampilkan terlebih dalam bermedia sosial, karena kesopanan itu merupakan indikator kita di sebut beretika atau tidak. Prinsip etika Kristiani mengajarkan bahwa ketika bermedia sosial  yang  harus dilakukan orang Kristen  adalah tidak melakukanbody shaming kesesama pengguna media online, maupun tidak berkomentar secara rasis. Karena Allah tidak membeda-bedakan sesama manusia dengan mengasihi yang satu dan tidak mengasihi yang lain hanya karena manusia itu berbeda secara fisik, ras atau bangsa. Prinsip etika Kristiani berikutnya dalam bermedia sosial adalah tidak berdebat secara teologis dan tidak mengumbar hal negatif. Tujuannya  agar tidak terjadi pertengkaran apalagi ujaran kebencian.

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