Freedom of Expression behind the Incitement to Terrorism in a Globalised World by the Internet

2020 ◽  
pp. 135-156
Author(s):  
Germán M. Teruel Lozano
Keyword(s):  
Freedom Of Expression ◽  
The Internet

icann’s New Generic Top-Level Domain Names Dispute Resolution Procedure Viewed Against the Protection of the Public Interest of the Internet Community: Litigation Regarding Health-Related Strings

2014 ◽  
Vol 13 (3) ◽  
pp. 306-346 ◽  
Author(s):  
Simone Vezzani
Keyword(s):  
Freedom Of Expression ◽  
The Internet ◽  
Commercial Arbitration ◽  
Domain Names ◽  
Internet Users ◽  
Health Related ◽  
Rules Of Procedure ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

icann’s decision to liberalize the market for Internet Generic Top-Level Domain Names has been giving rise to many concerns, related in particular to the registration of health-related strings, which may favour fraud and the dissemination of misleading health information. However, a very sophisticated mechanism has been put into place by icann, intended to prevent the registration of strings which face opposition from a significant portion of the community they purportedly aim to serve, or which are contrary to generally accepted principles related to morality and public order. Tailored after the model of commercial arbitration, icann rules of procedure are noteworthy in that they give standing to all interested Internet users and to an Independent Objector. Though underlining some of its procedural deficiencies, this article emphasizes the importance of the icann mechanism in the “constitutionalization” of the Internet. It also discusses the contribution of icann expert panels to international human rights discourse, as illustrated by the expert panel determinations walking the tightrope between freedom of expression and the right to health.

New Communication Technologies

2019 ◽  
pp. 198-211
Author(s):  
Tamara Amoroso Gonçalves ◽  
Daniela Rosendo
Keyword(s):  
Human Rights ◽  
Social Inequalities ◽  
New Technologies ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Electronic Devices ◽  
Communication Technologies ◽  
The Internet ◽  
Men And Women ◽  
Internet Regulation

New technologies are changing the way men and women live their lives. As a new communication technology, the Internet can be used to both harm and promote human rights. When it comes to gender relationships, social inequalities might be reflected online, regarding access and the ways technologies are used. Hate speech, porn revenge and other ways to offend women's rights online are discussed, leading to questions related to possible limitations on freedom of expression. This chapter examines legal solutions that have been proposed in Brazil regarding electronic devices and Internet regulation and considers how restrictions on freedom of expression can be addressed in a human rights perspective.

18. Freedom of Expression

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
European Convention ◽  
Free Expression ◽  
The Internet

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

Metaphors, Judicial Frames, and Fundamental Rights in Cyberspace

2020 ◽  
Author(s):  
Alessandro Morelli ◽  
Oreste Pollicino
Keyword(s):  
Freedom Of Expression ◽  
Point Of View ◽  
Fundamental Rights ◽  
The Internet ◽  
Court Case ◽  
Supreme Courts ◽  
Degree Of Protection ◽  
Digital World ◽  
European Court ◽  
External Point

Abstract How do legal imagination, metaphors, and the “judicial frame” impact the degree of protection for free expression when the relevant (technological) playground is the world of bits? This Article analyzes the so-called judicial frame, focusing on legal disputes relating to freedom of expression on the Internet. The authors compare the European Court of Human Rights and the U.S. Supreme Court case law from a methodological perspective. The Article shows how the adoption by supreme courts of an internal or external point of view in relation to the Internet affects not only the use of different metaphors to describe the digital world, but also the balance struck between the fundamental rights at stake.

Freiraum oder Herrschaftsgebiet

2019 ◽  
Author(s):  
Thilo Goeble
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Environmental Law ◽  
Case Law ◽  
The Internet ◽  
Council Of Europe ◽  
Human Right ◽  
International Environmental Law ◽  
Detailed Evaluation ◽  
Legal Barriers

In this book, the author discusses the questions of whether and how international legal barriers already limit the power of states on the Internet today and what these might look like in the future. In particular, he focuses on access to the Internet being a human right. One focus is freedom of expression and information at the level of the United Nations and the Council of Europe, which are examined from the perspective of various dimensions of intervention. For this purpose, a detailed evaluation of the existing documents and case law in this respect is carried out. Subsequently, the author provides his own proposal for access to the Internet being a human right de lege ferenda. Due to the qualification of the Internet as an international (super)space, international legal barriers, which arise in particular from the area of international environmental law, the rules of international relations and humanitarian international law, are also examined with regard to their transferability.

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