scholarly journals Ketika Demokrasi Menjadi Ancaman?: Kasus Jerinx dan Refleksi Kritis Bagi Pelaksanaan Demokrasi di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 98-107
Author(s):  
Fatih Abdulbari
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Interesting Case ◽  
Electronic Transactions ◽  
The Media ◽  
Fundamental Value ◽  
The Times ◽  
The One ◽  
The Right

The most important and fundamental value in democracy is freedom of expression. This freedom is considered a part of human rights and is the most important feature of democracy. In the times, on the one hand, the media to speak out is increasingly numerous and varied, but on the other hand there is a dilemma where this freedom is actually used to sow and spread false information or conspiracy theories without evidence. In addition, the concept of freedom of opinion has not developed much following the latest developments, so this concept is increasingly abstract because there are no clear boundaries for freedom of expression. In Indonesia, the emergence of the Law on Information and Electronic Transactions (UU ITE) is actually used as a threat to criminalize individuals whose opinions are considered to be disturbing and attack others.  The Jerinx case is a very interesting case study of how freedom of opinion has actually created a counterfactual narrative. He was convicted in 2020 for making hate speech on his social media accounts. The ITE Law which allows arrests for expressing opinions is problematic because it clearly contradicts the main principle of democracy, namely freedom of expression. This research will critically examine the Jerinx case from the perspective of democratic values to see and analyze how the right to speak and have an opinion in Indonesia. The extent to which freedom of opinion is actually facilitated is considered not to violate the rights of others, and the extent to which the democratic climate has a place in Indonesia.

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.

Freedom of speech is not freedom from ethics: the 2019 Israel Folau media controversy as a case study

2021 ◽  
pp. 1329878X2199289
Author(s):  
Jay Daniel Thompson ◽  
Denis Muller
Keyword(s):  
Content Analysis ◽  
Freedom Of Speech ◽  
Rugby Player ◽  
Ethical Principles ◽  
Framing Analysis ◽  
The Media ◽  
The One

This article examines how freedom of speech is framed in the media controversy surrounding the Australian rugby player Israel Folau’s April 2019 Instagram post. A content analysis and framing analysis of newspaper reportage reveals that the controversy has been largely discussed in terms of whether or not Folau’s speech was being curtailed and whether this curtailing indicates a broader, ideologically motivated censoriousness. This discussion is problematic in that it says little about the actual substance of Folau’s post. This article argues that debates surrounding freedom of speech such as the one involving Folau could and should be enriched by an engagement with ethical principles. This engagement is premised on a commitment to the free exchange of views, while acknowledging that ‘speech’ is not always inherently beneficial for democracy, nor worth defending.

scholarly journals Wstrząsająca treść jako manipulacyjny element dyskursu konfliktu

2018 ◽  
Vol 9 ◽  
pp. 135-143
Author(s):  
Anna Hłuszko
Keyword(s):  
Hate Speech ◽  
Traditional Approach ◽  
Point Of View ◽  
Media Discourse ◽  
Visual Content ◽  
Political Situation ◽  
The Media ◽  
The Common ◽  
The One ◽  
Web News

Shock content as a manipulative component of conflict discourseDifficult socio-political situation in Ukraine creates specific media discourse, which in turn gives rise to a number of phenomena, connected to information war categories, war of meanings, hate speech etc. Active entry of military issues into web news content affects traditional approach to the media-text drafting. The report examines the trends of shock visual content and its announcement in the web headlines. The influence of the content emotionalization, which is one of the common features for conflict discourse, not only on text style, but also on features of page making, selection and use of photo illustrations, headline creation, is studied. The material covering military developments usually involve deaths, injuries, loss, destruction of settlements as a result of hostilities, that is, they focus on information on suffering of both military and civilians. This results in stronger integration of shock visual content into the news, which in turn may be used as manipulation and propaganda tool. On the one hand it is used to demonstrate crimes of the enemy, on the other — as an evidence of Ukrainian military success. From the point of view of ethic and humanism the justification of such tactic is doubtful in both cases. However, the study shows that open image of death, blood, injuries in the materials and the announcement of such content in headlines are the cause of high popularity of such publications, and this mainstreams the problem of dehumanizing impact both on material’s subjects and on media audience.

scholarly journals Execution of Mumtaz Qadri & Urdu Print Media of Pakistan: Exploring Consistency and Discord Frames in Editorializing of Blasphemy & Freedom of expression

2017 ◽  
Vol 01 (02) ◽  
Author(s):  
Tasaddaq Hussain Qureshi ◽  
Prof. Dr. Muhammad Aslam Pervez
Keyword(s):  
Content Analysis ◽  
Print Media ◽  
Freedom Of Expression ◽  
Active Role ◽  
Framing Theory ◽  
Theoretical Background ◽  
Analysis Approach ◽  
Opinion Formation ◽  
The Media ◽  
The Right

This paper focuses on the frames; through which execution of Mumtaz Qadri’s editorialized by the Urdu print media of Pakistan. Eighteen editorials on the selected topic, from March 1, 2016, to April 1, 2016, are selected as a sample from five leading national newspapers viz. Jang, Nawa-e-Waqt, Ausaf, Ummat, and Islam. Freedom of expression and blasphemy depicted through consistency and discord frames is explored with the help of Galtung’s peace and violence journalism indicators. The content analysis approach is applied, with the Framing theory providing theoretical background. It has been found that Media portrayed the issue through discord frame as a dominant frame, which approved the notion of Galtung that media usually portray the conflicts through violence journalism frame. It also approved that the media have not continued framing by a uniform pace. They play an active role in opinion formation of a public. With the passage of time media changed their framing tone from discord to the consistency frames. This proves that media is conscious to enjoy the right of freedom of expression with reference to the blasphemy, in such a volatile situation.

Introduction

2018 ◽  
pp. 1-27
Author(s):  
Anushka Singh
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
University Of California ◽  
American Democracy ◽  
Mob Violence ◽  
A Chain ◽  
The Right ◽  
The University ◽  
Public Lecture

On 1 February 2017 at the University of California, Berkeley, USA, mob violence erupted on campus with 1,500 protesters demanding the cancellation of a public lecture by Milo Yiannopoulos, a British author notorious for his alleged racist and anti-Islamic views.1 Consequently, the event was cancelled triggering a chain of reactions on the desirability and limits of freedom of expression within American democracy. The Left-leaning intellectuals and politicians were accused of allowing the mob violence to become a riot on campus defending it in the name of protest against racism, fascism, and social injustice. In defending the rights of the protesters to not allow ‘illiberal’ or hate speech on campus, however, many claimed that the message conveyed was that only liberals had the right to free speech....

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.

From asymmetric dependency to discursive disengagement: How social movements and the media/public talked past each other

2020 ◽  
pp. 016344372097231
Author(s):  
Hao Cao
Keyword(s):  
Chinese American ◽  
Research Focus ◽  
The Public ◽  
The Media ◽  
Filter Bubble ◽  
Dependency Model ◽  
American Police ◽  
The One ◽  
Chinese American Immigrants

Social movement-media/public interaction has been largely examined from the lens of “asymmetric dependency” in which both movements’ representation and self-understanding are mainly shaped by their media and public opinion environment. The introduction of digital technologies, however, has diversified this discursive environment and seemed to reverse the uneven dynamics. Using a case study of a protest campaign organized by Chinese American immigrants, this study demonstrates a new pattern of movement-media/public dynamics that goes beyond the “asymmetric dependency” model or its obverse. In the aftermath of a Chinese American police officer who shot a black man to death, Chinese immigrants stood with him and deliberated on WeChat, a China-based digital platform engineered like a “walled garden.” The technolinguistic enclosure of the platform facilitated the development of a separate interpretative universe in the WeChatsphere vis-à-vis the one in the mediasphere. Later, even when immigrant protesters confronted the public in the Twittersphere, they continued talking past each other. By unpacking the decoupling processes between movements and the media/public, this study shifts the research focus from understanding their interaction to examining their disengagement, as well as the “filter bubble” effects that contribute to contemporary fragmentation and polarization in political and civic engagements.

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.

Digital Resources: Chile’s Centro de Investigación y Documentación (CIDOC) and Anti-Communism in the 1964 Elections

2020 ◽  
Author(s):  
Andrea Botto Stuven
Keyword(s):  
The United States ◽  
The Other ◽  
Right Wing ◽  
Contemporary History ◽  
Christian Democracy ◽  
Salvador Allende ◽  
History Of ◽  
The Media ◽  
The One ◽  
The Right

The Documentation Center of the Contemporary History of Chile (CIDOC), which belongs to the Universidad Finis Terrae (Santiago), has a digital archive that contains the posters and newspapers inserts of the anti-communist campaign against Salvador Allende’s presidential candidacy in 1964. These appeared in the main right-wing newspapers of Santiago, between January and September of 1964. Although the collection of posters in CIDOC is not complete, it is a resource of great value for those who want to research this historical juncture, considering that those elections were by far the most contested and conflicting in the history of Chile during the 20th Century, as it implicted the confrontation between two candidates defending two different conceptions about society, politics, and economics. On the one hand, Salvador Allende, the candidate of the Chilean left; on the other, Eduardo Frei, the candidate of the Christian Democracy, coupled with the traditional parties of the Right. While the technical elements of the programs of both candidates did not differ much from each other, the political campaign became the scenario for an authentic war between the “media” that stood up for one or the other candidate. Frei’s anticommunist campaign had the financial aid of the United States, and these funds were used to gather all possible resources to create a real “terror” in the population at the perspective of the Left coming to power. The Chilean Left labeled this strategy of using fear as the “Terror Campaign.”

Freedom of Information and the Evidentiary Use of Film in Japan: Law and Sociopolitics in an East Asian Democracy

1971 ◽  
Vol 65 (4) ◽  
pp. 1119-1134 ◽  
Author(s):  
Lawrence W. Beer
Keyword(s):  
Mass Media ◽  
Freedom Of Expression ◽  
Freedom Of Information ◽  
Procedural Law ◽  
The Supreme Court ◽  
Television Film ◽  
The Media ◽  
The Right ◽  
Privileged Communications ◽  
And Behavior

This study sets forth the post-1945 development and present status of Japanese constitutional and procedural law on court-mass media relations, while analyzing aspects of the interaction between law and sociopolitical thought and behavior. A recent and dramatic illustration of the issues is provided by the Hakata Station Film Case: A Fukuoka court'ssubpoena(August 29, 1969) for newsfilm taken during a student-police encounter occasioned conflict between Japan's mass media and courts; the dispute was resolved by a film seizure (March 4, 1970) three months after the Supreme Court had upheld thesubpoena'sconstitutionality. The media maintain that Article 21 of the Constitution (freedom of expression) gives them the right to determine when their used or unused television film or still photographs may be employed as court evidence, even in the absence of privileged communications. This and other court cases considered, arising from Japan's perennial demonstrations, illustrate a strong tendency toward in-group unanimity, new problems in news and evidence gathering, and the operation of a non-Western legal system influenced by Japanese, European, and American traditions.

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