scholarly journals Defining a right of reply: An examination of the Law Commission's proposals to use a right of reply to regulate online conduct

2021 ◽  
Author(s):  
◽  
Katharine Stove
Keyword(s):  
Free Speech ◽  
Freedom Of Expression ◽  
Digital Communications ◽  
The Internet ◽  
Regulatory Regime ◽  
Proportional Limit ◽  
Briefing Paper ◽  
The Media ◽  
The Law ◽  
Case Basis

<p>This paper examines the Law Commission’s proposals to use a right of reply as a remedy within a new regime to combat harmful digital communications on the Internet in its Ministerial Briefing Paper, Harmful Digital Communications: The Adequacy of Current Sanctions and Remedies. It seeks to determine whether a right of reply is a suitable tool to use in an online context against ordinary citizens, when it has typically been an offline remedy for use against the media. It also considers the best form for a right of reply under this new regulatory regime, in order for it to constitute a proportional limit on a defendant’s right to freedom of expression. It concludes that a right of reply could be a suitable remedy under the regime, and it could constitute a proportional limit on a defendant’s freedom of expression, but a Court should carefully balance the harms a right of reply might pose against the values of free speech implicated in each circumstance, on a case-by-case basis, in order to ensure the limitations a right of reply might pose on freedom of expression are always proportional and justified.</p>

scholarly journals Defining a right of reply: An examination of the Law Commission's proposals to use a right of reply to regulate online conduct

2021 ◽  
Author(s):  
◽  
Katharine Stove
Keyword(s):  
Free Speech ◽  
Freedom Of Expression ◽  
Digital Communications ◽  
The Internet ◽  
Regulatory Regime ◽  
Proportional Limit ◽  
Briefing Paper ◽  
The Media ◽  
The Law ◽  
Case Basis

<p>This paper examines the Law Commission’s proposals to use a right of reply as a remedy within a new regime to combat harmful digital communications on the Internet in its Ministerial Briefing Paper, Harmful Digital Communications: The Adequacy of Current Sanctions and Remedies. It seeks to determine whether a right of reply is a suitable tool to use in an online context against ordinary citizens, when it has typically been an offline remedy for use against the media. It also considers the best form for a right of reply under this new regulatory regime, in order for it to constitute a proportional limit on a defendant’s right to freedom of expression. It concludes that a right of reply could be a suitable remedy under the regime, and it could constitute a proportional limit on a defendant’s freedom of expression, but a Court should carefully balance the harms a right of reply might pose against the values of free speech implicated in each circumstance, on a case-by-case basis, in order to ensure the limitations a right of reply might pose on freedom of expression are always proportional and justified.</p>

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 Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals Issues of terrorism on the internet in the wave of democratization of post-reform Indonesia: A semiotic analysis

2016 ◽  
Vol 5 (2) ◽  
pp. 305
Author(s):  
Aceng Ruhendi Saifullah
Keyword(s):  
News Media ◽  
Meaning Making ◽  
Freedom Of Expression ◽  
Political Elite ◽  
The Internet ◽  
Semiotic Analysis ◽  
Sources Of Information ◽  
Reform Era ◽  
The Media ◽  
Interactive Discourse

The discourse of terrorism is a global issue but tends to be interpreted as controversial. This study sought to dismantle the controversy of meanings through the analysis of signs and meanings, with a view to explore and demonstrate the wave of democratization that took place in post-reform era in Indonesia. This study was a case study using readers’ responses to terrorism issues provided by cyber media on the Internet. It also rests primarily on the semiotic theory of Peirce and the concept of democratization of Huntington. The results showed that participation, freedom of expression, and equal power relations occurred in the interactive discourse in the cyber news media in the form of a dialogue between the responders, the media, and the debate among the responders. Responders tended to argue that signs and meanings are constructed by the media and to interpret information about terrorism as "political engineering" which was expressed by means of emotive tone. Meanwhile, the media tended to construct a "political imagery" which was expressed in a confrontational way, and the resources tended to understand it as "noise level of political elite ", which was expressed in a persuasive manner. Such differences occurred due to the factors of media context that tended to be "convivial" and the context of the communication situation on the Internet that tends to show "discretion". Based on these findings, this study concluded that interactive discourse in the Internet can be formulated as a democratic forum as the meaning making of the text is no longer dominated by media and the sources of information, but tend to be shared with the public. However, in terms of discourse process, interactive discourse in cyber media tends to be anarchic because the tone of interaction tends to be little, the relationship patterns tend to center on and be dominated by responders, the identities of responders tend to be anonymous, and linguistic expressions of the responders tend to be emotive.

scholarly journals O MARCO CIVIL DA INTERNET NO BRASIL: DIREITOS, DEVERES E PROGRAMAS

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Marcelo Doval Mendes
Keyword(s):  
Civil Rights ◽  
Literature Review ◽  
Freedom Of Expression ◽  
Good Time ◽  
The Internet ◽  
The Core ◽  
Keywords Internet ◽  
The Law ◽  
Use Of The Internet ◽  
Made In

O artigo objetiva analisar a Lei n� 12.965/2014, que disciplinou o uso da Internet no Brasil. Com base na interpreta��o de seus dispositivos, na revis�o da literatura e na observa��o da jurisprud�ncia, o estudo centra-se em tr�s aspectos do denominado marco civil da Internet: os direitos garantidos, os deveres institu�dos e os programas almejados. Quanto aos direitos, o foco est� nos usu�rios, tra�ando um panorama geral e abordando especificamente as d�vidas quanto � inviolabilidade das comunica��es via Internet face �s disposi��es constitucionais pertinentes. Quanto aos deveres, os objetos s�o a manuten��o dos registros pelos servidores e sua responsabiliza��o civil, estabelecendo-se compara��o com o quadro jurisprudencial anterior ao diploma legal. Finalmente, quanto aos programas, o cerne da discuss�o � o desejado sopesamento legislativo de princ�pios constitucionais, com o debate sobre a preval�ncia da liberdade de express�o. Na conclus�o, destacam-se a boa hora em que veio a legisla��o e sua feitura no melhor espa�o para regula��es desse tipo, o Parlamento. Sem preju�zo, s�o apresentadas as preocupa��es quanto a poss�veis restri��es de direitos, quanto a formas de fiscaliza��o do cumprimento dos deveres e quanto � necess�ria densifica��o de conte�dos das normas ainda abertas do diploma. Palavras-chave: Internet. Marco civil. Brasil Abstract: The article analyzes the Law No. 12.965/2014, which regulates the use of the Internet in Brazil. Based on the interpretation of its provisions, the literature review, and observation of jurisprudence, the study focuses on three aspects of the called civil rights framework for Internet: guaranteed rights, imposed obligations and targeted programs. With regard to rights, the focus is on users, tracing an overview and specifically addressing questions concerning the inviolability of Internet communications under the related constitutional provisions. With respect to obligations, the objects are the maintenance of records by servers and their civil liability, comparing the new law and the previous jurisprudential framework. Finally, regarding the programs, the core of the discussion is the desired legislative assessment of constitutional principles, paying attention to the debate over the prevalence of freedom of expression. In conclusion, the highlights are the good time of the legislation and the fact that it was made in the best space for such regulations, the Parliament. Notwithstanding, the article presents concerns about possible restrictions of rights, forms of the enforcement of obligations and required densification of the contents of the law. Keywords: Internet. Civil Rights Framework. Brazil.

18. Freedom of expression

2020 ◽  
pp. 451-481
Author(s):  
Neil Parpworth
Keyword(s):  
Freedom Of Expression ◽  
Common Law ◽  
Search And Seizure ◽  
Democratic State ◽  
The Media ◽  
The Common ◽  
The Law ◽  
Court Proceedings ◽  
The Uk

This chapter focuses on some of the laws relating to freedom of expression in the UK. Freedom of expression is widely considered to be a necessary feature in any democratic state. The chapter considers the extent to which restrictions are placed on the freedom of expression in the UK in two particular contexts. It considers laws for the control of obscenity and indecency, the publication of obscene matter, the test of obscenity, defences, powers of search and seizure, and the possession of pornographic images. The discussion also considers that part of the law of contempt of court which relates to restricting the ability of the media to report court proceedings. This chapter is confined to the law relating to obscenity and indecency and contempt of court on the basis that they share the important characteristic of being regulated by both statute and the common law.

scholarly journals Cybercrime, criminal libel and the media: From ‘e-martial law’ to the Magna Carta in the Philippines

2015 ◽  
Vol 21 (1) ◽  
pp. 211 ◽  
Author(s):  
Del Abcede ◽  
David Robie
Keyword(s):  
Civil Rights ◽  
News Media ◽  
Freedom Of Expression ◽  
National Development ◽  
The Philippines ◽  
Martial Law ◽  
Prevention Act ◽  
Magna Carta ◽  
The Media ◽  
The Law

President Ferdinand E. Marcos declared martial law in the Philippines on 21 September 1972. Issuing the declaration under Proclamation 1081 which suspended civil rights, gagged the news media and imposed military authority in the country, Marcos defended this draconian move under the Philippines Constitution in response to a series of bombings allegedly caused by communist rebels. The emergency rule at the height of the Cold War was also planned to quell rebellion and drive national development. Four decades later, on 12 September 2012, President Benigno Aquino III signed Republic Act No. (RA) 10175, or the Cybercrime Prevention Act, into law. This legislation was immediately widely condemned as a threat to freedom of expression on the internet, the media and online privacy and has been likened by human rights groups, media freedom advocates, ‘netizens’ and opposition Congress members as comparable to the Marcos Martial Law era. Kabataan Representative Raymond Palatino branded the legislation ‘e-Martial Law’, comparing it to repressive Marcos-era decrees censoring and harassing the media. Fifteen Supreme Court appeal petitions were lodged against the Cybercrime Law but the subsequent ruling found the law constitutional in February 2014. This article examines the law, challenges since the constitutional ruling, and demands for repealing the law and replacing it with a so-called ‘Magna Carta’ of internet media freedom.Pictured: Figure 1: Protests against the Cybercrime Law have been widespread in the Philippines. Image: Interaksyon

scholarly journals Internet Censorship Circumvention Tools: Escaping the Control of the Syrian Regime

2016 ◽  
Vol 4 (1) ◽  
pp. 39-50 ◽  
Author(s):  
Walid Al-Saqaf
Keyword(s):  
Freedom Of Expression ◽  
Authoritarian Regimes ◽  
The Internet ◽  
Information Control ◽  
Internet Users ◽  
The Status ◽  
The Media ◽  
Internet Censorship ◽  
Censorship Circumvention ◽  
The Arab Spring

Studies have shown that authoritarian regimes tend to censor the media to limit potential threats to the status quo. While such censorship practices were traditionally aimed at broadcast and print media, the emergence of the Internet and social media in particular, prompted some authoritarian regimes, such as the Assad regime in Syria, to try and exert a similar level of censorship on the Internet as well. During the Arab Spring, the Syrian regime blocked hundreds of websites that provided social networking, news, and other services. Taking Syria as a case study, this paper examines whether Internet censorship succeeded in preventing Internet users from reaching censored online content during 2010−2012. By analyzing the use of Alkasir, a censorship circumvention tool created by the author, the paper provides empirical evidence demonstrating that users were in fact able to bypass censorship and access blocked websites. The findings demonstrate that censorship circumvention tools constituted a threat to the information control systems of authoritarian regimes, highlighting the potential of such tools to promote online freedom of expression in countries where Internet censorship is prevalent.

scholarly journals NORMA PERSATUAN SEBAGAI BATASAN PERBUATAN PIDANA PENYEBARAN UJARAN KEBENCIAN MELALUI INTERNET

2020 ◽  
Vol 6 (1) ◽  
pp. 94-126
Author(s):  
Hwian Christianto
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Public Debate ◽  
Free Expression ◽  
The Internet ◽  
Pluralistic Society ◽  
Normative Approach ◽  
It Impacts ◽  
The Law ◽  
Penal Sanction

The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction.  The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society. 

Narratives of past and present, freedom of expression and recognition – Justice Ngcobo’s judgment in Citizen 187 (Pty) Ltd v McBride

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Meryl Du Plessis
Keyword(s):  
South African ◽  
Media Coverage ◽  
Freedom Of Expression ◽  
Media Ownership ◽  
Consumer Activism ◽  
The Press ◽  
The Media ◽  
The Law ◽  
The One ◽  
National Reconciliation

This contribution examines the balance to be struck between freedom of expression on the one hand, and dignity on the other.  It does so through the lens of narratives of South Africa’s past and present in Citizen 187 (Pty) Ltd v McBride and a consideration of how narratives shape our construction of reality.  It is argued that the newspaper narratives about Mr McBride’s planting and detonation of a bomb in 1986 contain various omissions and half-truths, which impacts adversely on the media’s contribution to post-apartheid South Africa.  In particular, such media coverage mimimises Black persons’ realities in the past and present, which is an infringement of their dignity.  However, the law of defamation, it is argued, is not suited optimally to address the shortcomings in macro narratives of South African history advanced by the media.  The use of the law of defamation for that purpose may have the effect of stifling, unduly, conversations that are integral to national reconciliation. Alternative mechanisms through which to hold newspapers accountable may include complaints addressed to the Press Council, consumer activism and the creation of a plurality of voices within media spaces, both in terms of media ownership and the promotion of ideological diversity.  Ngcobo CJ’s judgment is therefore preferred, as it protects the media’s freedom of expression, while also emphasising the importance of the dignity of those who become media subjects. 

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