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.

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 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 Speech, Privacy, and Ethical and Social Responsibility in Democracy in the Digital Age

2021 ◽  
Vol 10 (3) ◽  
pp. 34-83
Author(s):  
José Poças Rascão
Keyword(s):  
Human Rights ◽  
Online Social Networks ◽  
Freedom Of Expression ◽  
Social Engineering ◽  
Digital Data ◽  
The Internet ◽  
The Right To Privacy ◽  
The Face ◽  
History Of ◽  
The Right

The article addresses human rights, in particular freedom of expression and the right to privacy, including on the internet, proposing to emphasize the issue of their dialectics in the context of contemporary digital society that, in the face of the digitization of modern life, faces many challenges. It becomes necessary in this way to understand, through a theoretical review, the history of fundamental human rights, a psychosocial analysis of the concepts of freedom and privacy, the normative framework in which they fall, the internet as a platform for exercising rights and freedoms, the problems associated with it, digital data and people's movements, citizen surveillance, social engineering of power, online social networks and e-commerce, and spaces of trust and conflict.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

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.

Reconceptualising Cyber Security

2016 ◽  
Vol 6 (2) ◽  
pp. 32-40 ◽  
Author(s):  
Andrew N. Liaropoulos
Keyword(s):  
Human Rights ◽  
Information Systems ◽  
Cyber Security ◽  
Freedom Of Expression ◽  
Security Dilemma ◽  
Critical Part ◽  
Critical Information ◽  
The Right To Privacy ◽  
Security Discourse ◽  
The Right

The cyber security discourse is dominated by states and corporations that focus on the protection of critical information infrastructure and databases. The priority is the security of information systems and networks, rather than the protection of connected users. The dominance of war metaphors in the cyber security debates has produced a security dilemma, which is not sufficiently addressing the needs of people. This article underlines this shortcoming and views cyber security through a human-centric perspective. Freedom of expression and the right to privacy are under attack in the era of cyber surveillance. From a human-centric perspective such rights should be understood as a critical part of cyber security. Human rights protections need to be effectively addressed in the digital sphere and gain their place in the cyber security agendas.

scholarly journals Information delayed is justice denied

2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Access To Information ◽  
Effective Protection ◽  
Public Authorities ◽  
European Court ◽  
Disclosure Of Information ◽  
Access Information ◽  
The Right

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’

scholarly journals Surveillance and Drones at Greek Borderzones: Challenging Human Rights and Democracy

2017 ◽  
Vol 15 (3/4) ◽  
pp. 439-446 ◽  
Author(s):  
Panagiotis Loukinas
Keyword(s):  
Human Rights ◽  
Democratic Values ◽  
Right To Privacy ◽  
Far Right ◽  
The Right To Privacy ◽  
Protection Of Human Rights ◽  
The Right ◽  
Border Surveillance

The planned intensification of surveillance, including the use of drones, at the Greek borders will increase uncertainty at Greek borderzones as regards the protection of human rights, which are already under threat due to the existing high levels of surveillance. This includes both the human rights of migrants and refugees as well as the right to privacy of the populations already resident in these areas. The curtailment of these rights constitutes a threat to individuals’ liberties and democratic values. This further problematizes the situation in Greece, where the popularity of far-right has risen, while anti-immigrant rhetoric has been diffused in the practices and policies of border surveillance.

Monetary remedies for breach of confidence in privacy cases

Legal Studies ◽  
2007 ◽  
Vol 27 (3) ◽  
pp. 430-464 ◽  
Author(s):  
Normann Witzleb
Keyword(s):  
Human Rights ◽  
Private Information ◽  
European Convention ◽  
Property Law ◽  
The Right To Privacy ◽  
House Of Lords ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Privacy Breaches ◽  
The Right

In Campbell v MGN Ltd, the House of Lords endorsed an expansive interpretation of the breach of confidence action to protect privacy interests. The scope and content of this transformed cause of action have already been subject to considerable judicial consideration and academic discussion. This paper focuses on the remedial consequences of privacy breaches. It undertakes an analysis of the principles which govern awards for pecuniary and non-pecuniary loss, the availability of gain-based relief, in particular an account of profits, and exemplary damages.Even in its traditional scope, the monetary remedies for breach of confidence raise complex issues, mainly resulting from the fact that this doctrine draws on multiple jurisdictional sources such as equity, contract and property law. The difficulties of determining the appropriate remedial principles are now compounded by the fact that English law also aims to integrate its obligation to protect the right to privacy under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 into the conceptual framework of the breach of confidence action.The analysis provided in this paper supports the contention that not only the scope of the cause of action but also important remedial issues are likely to remain in doubt until the wrong of ‘misuse of private information’ is freed from the constraints of the traditional action for breach of confidence. A separate tort would be able to deal more coherently and comprehensively with all wrongs commonly regarded as privacy breaches.

Human Rights in Germany – A View from Germany's National Human Rights Institution

2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
National Human ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

Sign in / Sign up

Export Citation Format

Share Document