scholarly journals Problems of Harmonization of European and Russian Legislation on Defamation

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 168-182
Author(s):  
V. P. Kirilenko ◽  
G. V. Alekseev
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Information Space ◽  
State Institutions ◽  
Criminal Sanctions ◽  
Civil Compensation ◽  
Human Rights Organizations ◽  
The Media ◽  
Russian Law ◽  
European Standards

Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

scholarly journals Protection of the rights of journalists by the authorized by human rights of the Russian Federation

2021 ◽  
pp. 76-84
Author(s):  
S. A. Kulikova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Speech ◽  
Economic Pressure ◽  
Access To Information ◽  
Priority Areas ◽  
The Media ◽  
The Russian Federation ◽  
Independent Media

The main aspects of the protection of the rights of journalists by the Human Rights Ombudsman in the Russian Federation, presented in his reports from 1998 to 2019, are studied. It is revealed that the problem of violations of the rights of journalists was present in most of the reports of the Ombudsman, the Ombudsman considers attacks on them to obstruct the exercise of their professional duties, the termination of the activities of the media on grounds unforeseen by law, some forms of economic pressure on independent media, illegal restrictions on access to information, etc.It is concluded that the protection of the rights of journalists should remain one of the priority areas of the activities of the Commissioner for Human Rights in the Russian Federation, the analysis of violations of the rights of journalists should be included in the section “Protection of the rights of certain categories of citizens.” To some extent, this proposal was embodied in the report of the Ombudsman in 2019, section 2.6 of which is designated as “Freedom of speech and protection of the rights of journalists”.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

The Constitution and State Institutions

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Human Rights ◽  
Constitutional History ◽  
State Institutions ◽  
State Administration ◽  
The Media

This chapter provides an overview of Indonesia’s constitutional structure and the institutions that operate within it. It begins with a brief constitutional history, from Independence to the post-Soeharto period, then outlines the key provisions of the Constitution, including the institutions of state and human rights established therein. It then briefly describes these constitutional institutions, including Indonesia’s various legislatures and consultative bodies, executives, and courts. The chapter concludes with a description of state institutions that, while not mentioned in the Constitution, play important roles in state administration, law and security, human rights, finance, and the media.

Remedies and Sanctions

2016 ◽  
Author(s):  
Matthew Nicklin QC ◽  
Chloe Strong
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Personal Information ◽  
European Convention ◽  
Criminal Sanctions ◽  
Legal Remedies ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
The Right

This chapter considers the legal remedies that may be available to those who complain that an invasion of their privacy has occurred or is threatened by the actions of the media, as well as touching briefly on the criminal sanctions that may be applicable. Regulatory remedies under the Data Protection Act are considered in Chapter 7 and the remedies available from the media regulators in Chapter 14. Whether a remedy is sought before or after publication, and whether the complaint relates to the content of an actual or proposed publication or the method by which personal information has been obtained, it is likely that any relief granted will affect the exercise of the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights (ECHR). In such circumstances s 12 of the Human Rights Act 1998 (HRA) applies. The interpretation given to this important statutory provision by the courts is considered in Section C, but this chapter begins by looking at Parliament’s intention in enacting s 12. This is not necessarily to suggest that courts should have regard to such material as an aid to construction under the rule in Pepper v Hart but rather to explain the legislative background to this highly relevant provision.

Sociocultural Rights and the Media: International Developments 2017

2019 ◽  
Vol 16 (1) ◽  
pp. 29-62
Author(s):  
Mariya Riekkinen
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Hate Crime ◽  
Council Of Europe ◽  
Economic Rights ◽  
Human Rights Organizations ◽  
European Court ◽  
The Media ◽  
The Eu

This article provides an overview of international developments in the area of the sociocultural and economic rights of European minorities, including access to and portrayal in the media, throughout 2017. The year brought several significant advancements in these areas. The adoption of the 2017 UNESCO Declaration of Ethical Principles in Relation to Climate Change acknowledged the role of indigenous knowledge in counteracting the challenge of climate change. Protection and integration of Roma was addressed in the activities of the human rights organizations and bodies at the level of the UN, the Council of Europe, the OSCE and the EU. The European Court of Human Rights (ECtHR) delivered a series of significant judgments specifying the factors that would allow a court to classify an act as a hate crime. The ECtHR also instituted procedural rules protecting people from violence based on ethnic and racial motives.

scholarly journals Freedom of Speech in the Face of Terrorism – Selected International Law Regulations

2018 ◽  
Vol 8 ◽  
Author(s):  
Samanta Kowalska
Keyword(s):  
Human Rights ◽  
International Law ◽  
Public Discourse ◽  
Freedom Of Speech ◽  
Individual Freedom ◽  
Double Standards ◽  
The Face ◽  
The Media ◽  
Hybrid Threats ◽  
Source Of Information

The essay presents freedom of speech from the perspective of international law regula-tions. The phenomenon of terrorism is one of the most asymmetrical, amorphous and hybrid threats to international security and human rights. The author discusses freedom of speech in the context of anti-terrorism measures. Freedom of speech is a legal and axiological framework of democratic society. The media constitute an important source of information about social pathologies and threats. Terrorists use the media to depreci-ate the law and the state, and to generate chronic fear in society. The essay stresses the fact that a rational and informed approach to human rights should serve as a reference point for anti-terrorism. However, one cannot limit individual freedom in an arbitrary way. Public discourse helps reach an objective perception. This prevents the creation of a multiplied image, pseudo-reality and “double standards” for freedom of speech.

scholarly journals International Solidarity Campaigns with Ukrainian Journalists

2018 ◽  
pp. 802-806
Author(s):  
Serhii Tomilenko ◽  
Lina Kushch
Keyword(s):  
International Cooperation ◽  
Round Table ◽  
Freedom Of Speech ◽  
International Communication ◽  
European Countries ◽  
Information Space ◽  
European Federation ◽  
National Union ◽  
International Solidarity ◽  
The Media

The article analyses the main fields of activities of the National Union of Journalists of Ukraine (NUJU) and specifies its main partners and topical joint projects for cooperation. The article states that the development of international communication with associations and media employees’ organisations, diplomatic and non-governmental organisations, and higher educational establishments allows the union to ensure the protection of journalists’ rights and develop information space. The NUJU is the key partner in Ukraine for the Office of the OSCE Representative on Freedom of the Media in Vienna. The article mentions a round table in Odesa attended by the Head of the European Federation of Journalists, where matters of journalists’ safety and other important issues were discussed. The authors also substantiate the means the NUJU uses for solidarity campaigns with its Ukrainian counterparts illegally detained in uncontrolled territories or Russian prisons. In addition, the article singles out the consequences of the partnership between UNESCO and the National Union of Journalists of Ukraine, such as a textbook entitled Journalists and Police: Recommendations for Ensuring Understanding. The NUJU’s close involvement in international conferences and other events offering an opportunity for the organisation to render its views in respect of many issues is also delineated. In addition, the NUJU maintains contact with journalism organisations of Poland, Bulgaria, Lithuania, Sweden, Germany, and other European countries. The authors examines the main principles of the international cooperation of the NUJU, which enable it to take advantage of international platforms for promulgating position of the Union, carry out international solidarity campaigns with Ukrainian journalists, distribute information about activities of the Union, share experience, and conduct joint events with journalists from other countries. Keywords: National Union of Journalists of Ukraine, OSCE, international cooperation, protection of freedom of speech, assistance to journalists.

Sign in / Sign up

Export Citation Format

Share Document