scholarly journals Combating Sexist Hate Speech The Work of the Council of Europe

2020 ◽  
Author(s):  
Daniele Cangemi
Keyword(s):  
Civil Society ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Current Work ◽  
Council Of Europe

This paper presents the Council of Europe current work on sexist hate speech and sexism. After an overview on sexist hate speech, its different forms, the factors contributing to it and the connection between sexist hate speech and freedom of expression, this contribution presents relevant Council of Europe standards and activities (including the new Committee of Ministers Recommendation on preventing and combating sexism), extracting from them the key elements that should guide governments, media, civil society and other relevant stakeholders in their action against sexism. A ‘checklist’ of indicators and actions to eliminate sexist hate speech is presented as a conclusion.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

scholarly journals Fake News and the Convention on Cybercrime

2021 ◽  
Vol 7 (3) ◽  
pp. 335-358
Author(s):  
Robert Smith ◽  
Mark Perry
Keyword(s):  
Hate Speech ◽  
Service Providers ◽  
The United States ◽  
Clear Definition ◽  
Fake News ◽  
Council Of Europe ◽  
Donald Trump ◽  
Additional Protocol ◽  
Definition Of ◽  
The Web

The COVID-19 pandemic and the recent term of the United States President, Donald Trump, brought the term “fake news” to the attention of the broader community. Some jurisdictions have developed anti-fake news legislation, whilst others have used existing cybercrime legislation. A significant deficiency is the lack of a clear definition of fake news. Just because a person calls something “fake news” does not mean that it is indeed false. Especially during pandemics, the primary aim should be to have misinformation and disinformation removed quickly from the web rather than prosecute offenders. The most widely accepted international anti-cybercrime treaty is the Convention on Cybercrime developed by the Council of Europe, which is silent on fake news, the propagation of which may be a cybercrime. There is an Additional Protocol that deals with hate speech, which the authors consider to be a subset of fake news. Using examples from Southeast Asia, the paper develops a comprehensive definition of what constitutes fake news. It ensures that it covers the various flavours of fake news that have been adopted in various jurisdictions. Hate speech can be considered a subset of fake news and is defined as the publication or distribution of fake news with the intention to incite hatred or violence against ethnic, religious, political, and other groups in society. The paper proposes some offences, including those that should be applied to platform service providers. The recommendations could be easily adapted for inclusion in the Convention on Cybercrime or other regional conventions. Such an approach is desirable as cybercrime, including propagating fake news, is not a respecter of national borders, and has widespread deleterious effects. Keywords: Fake news; hate speech; Convention on Cybercrime; draft legislation

scholarly journals Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 75
Author(s):  
Herlambang Perdana Wiratraman ◽  
Sébastien Lafrance
Keyword(s):  
Rule Of Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Artistic Expression ◽  
Fundamental Freedom ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
Effective Role ◽  
Similarities And Differences

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

scholarly journals USE OF CYBER HATE IN THE ELECTORAL CAMPAIGNS BY THE MAINSTREAM POLITICAL PARTIES OF PAKISTAN

2021 ◽  
Vol 9 (2) ◽  
pp. 325-332
Author(s):  
Ayesha Siddiqua
Keyword(s):  
Social Media ◽  
Discourse Analysis ◽  
Political Parties ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Qualitative Interviews ◽  
The Political ◽  
Electoral Campaigns ◽  
General Elections ◽  
Cyber Ethics

Purpose of the study: The purpose of the study is to examine the use of cyber hate by the Pakistan’s mainstream political parties. The issue of poll rigging in Pakistan’s General Elections 2013 is examined through discourse analysis of the related tweets. The study also aims at comprehending the extent to which cyber ethics were violated during the digital electoral campaigns. Methodology: Discourse Analysis of the tweets generated from the official Twitter handles of PTI and PMLN leaders was conducted to examine the use of cyber hate by the Pakistan’s mainstream political parties. Violation of cyber ethics was explored through the qualitative interviews of 8 purposively selected social media managers of PMLN, PPP, and PTI. Main Findings: The findings indicated that party leadership/politicians used the elements of cyber hate which included abusive language, provocation, and character assassination against their opponents during the digital electoral campaign in general and regarding the poll rigging issue of Pakistan’s General Elections 2013 in specific. Resultantly the tweets using strong adjectives and metaphors on the political opponents were more frequently re-tweeted and attracted more favorites. Applications of this study: The study can be helpful in various cross-disciplinary areas that focus on the examination of the usage and impact of social media and cyberspace as a medium for hate speech dissemination. The study can significantly contribute to areas related to cyber ethics, digital electoral campaigning, freedom of expression, and political opinion building. Novelty/Originality of this study: The study’s originality lies in its attempt to unfold the foundations of digital electoral campaigning in Pakistan and how cyberhate was used as a pivotal tool for advancing the political narratives in a fragile democratic society.

scholarly journals OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Eastern Cape ◽  
Threshold Test ◽  
Related Matter ◽  
The Republic

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.

No Blogger, No Cry

2020 ◽  
pp. 194-204
Author(s):  
Orlando Luis Pardo Lazo
Keyword(s):  
Civil Society ◽  
Freedom Of Expression ◽  
Global Capitalism ◽  
Cuban Revolution ◽  
State Security ◽  
Fundamental Freedoms ◽  
Freedom Fighters ◽  
The Common ◽  
Cuban Studies ◽  
Democratic Country

The chapter is a concise creative essay by one of the protagonists of Cuban alternative blogging movement and emerging civil society. Younger generations in Cuba want to have their voices heard worldwide, despite the official censorship of the Castro government and the repression of the State Security. Freedom of expression as well as fundamental freedoms are still under attack in Cuba today, the once-called Island of Utopia by many international intellectuals, academics, and all sorts of political pilgrims mainly from the Left. Therefore, it is very important to know the insights of this peaceful struggle of the Cuban people for a more inclusive and democratic country, beyond the historic monopoly of the Communist Party. It is also important to understand why solidarity from abroad is necessary for these 21st-century freedom fighters not to succumb in isolation under the physical oppression but also under the misleading narrative of the Cuban Revolution seen as resistance to U.S. Imperialism and global capitalism. This creative essay playfully displays an initial map useful both for Cuban studies experts as well as for the common tourist.

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