Social media actors in the fight against terrorism: technology and its impact on human rights

2018 ◽  
Vol 7 (2) ◽  
pp. 284-300
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Climate Control ◽  
Right To Life ◽  
Online Social Media ◽  
Online Platforms ◽  
Terrorist Groups ◽  
Democratic Societies

Terrorist propaganda spreads like a pandemic across online platforms. In this volatile climate, control over social media is increasingly seen as a determinant bastion of power by both terrorist groups seeking to exploit the ubiquity of internet platforms and states aiming to impose restrictions on content disseminated online. Social media actors are gradually taking centre stage in the fight against terrorism as they attempt to curb incitement to violence in its evolving manifestations via sophisticated algorithms. While such measures are necessary for the protection of the general population's right to life and security of the person, these measures carry inherent risks of over-caution and threaten freedom of expression – a core right in democratic societies. This article argues that, notwithstanding the risks in granting quasi-judicial functions to online intermediaries, they should be employed as a carefully tailored tool to secure protection against arbitrary domestic measures, particularly in the fight against terrorism.

scholarly journals Cyber-Attacks and Freedom of Expression: Coercion, Intimidation and Virtual Occupation

2019 ◽  
Vol 9 (3) ◽  
pp. 116-133
Author(s):  
Joe Burton
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Cyber Security ◽  
Freedom Of Expression ◽  
Psychological Impact ◽  
Cyber Attacks ◽  
Electoral Process ◽  
Media Reporting ◽  
Information Domain ◽  
Political Disputes

AbstractThis article explores how cyber-attacks affect freedom of expression. It begins by outlining the literature on cyber coercion and exploring other conceptions of how offensive cyber operations have been used to shape adversary behaviour, including efforts to intimidate through cyberspace, and the concept of ‘cyber swaggering’. The article moves on to explore how cyber-attacks have been used to undermine electoral process, to erode free and fair media reporting, and how manipulation of social media can constitute a ‘virtual infiltration’ and ‘virtual occupation’ of the information domain. The article then explores how cyber-attacks conducted during the conflict in Ukraine have limited or otherwise affected freedom of expression. I argue that the wider effects of cyber operations on political, civil and human rights have been underexplored in the cyber security literature; that cyber-attacks have adversely affected freedom of expression in the conflict in Ukraine and in other political disputes; and that the coercion concept is ill-suited to accounting for the socio-psychological impact of modern cyber operations.

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.

5. Deprivations of life and liberty

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Human Rights Law ◽  
Right To Life ◽  
Legal Restrictions ◽  
The Right ◽  
Association Property

‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restriction according to a four-stage schema developed in human rights law. Is the right to life absolute? When is the detention of an individual lawful?

Introductory Note

2017 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
End Of Life ◽  
Freedom Of Expression ◽  
Human Rights Law ◽  
Right To Life ◽  
Introductory Note ◽  
Extraterritorial Jurisdiction ◽  
Grand Chamber ◽  
The Right ◽  
Very High

In 2015 the Strasbourg Court decided many cases of legal significance. The most important were given by the Court’s Grand Chamber of the Court, which issued a total of nineteen judgments on the merits during the year. The article lists all the Grand Chamber judgments published in 2015 and mentions the relevant subject matters. The following four cases established important points of European human rights law. 1) Lambert v. France had already attained a very high media profile when it was filed with the Court in mid-2014, concerning the right to life and the end of life. 2) Perinçek v. Switzerland brought before the Court a difficult question about the limits of freedom of expression, concerning in particular freedom of expression and the denial of genocide. 3) Chiragov and Others v. Armenia, and Sargsyan v. Azerbaijan concerned the conflict between Armenia and Azerbaijan. The Grand Chamber decided to hear these cases in parallel considering in particular: (i) the extraterritorial jurisdiction—Armenian jurisdiction over Azen territory and (ii) the presumption of jurisdiction over the entire national territory.

2. European Convention on Human Rights

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
Margin Of Appreciation ◽  
Protection Of Human Rights ◽  
The Individual ◽  
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 first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.

FREEDOM OF EXPRESSION IN CYBERSPACE

2017 ◽  
pp. 163
Author(s):  
Krista Revizore ◽  
Māris Šļakota
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
Freedom Of Expression ◽  
Digital Technologies ◽  
Online Service ◽  
Online Platforms ◽  
Two Sides ◽  
Online Service Providers ◽  
Cyberspace Security

This report includes information about freedom of expression and ability to execute the guaranteed freedom in the cyberspace. Thesis examine the question falling under the scope of human rights online. More particularly, it displays cyberspace security and vulnerability problems regarding guaranteed right to freedom of expression in cyberspace. The discussion concern two sides of the coin: individuals who participate and communicate through online platforms and consequences of their actions – impact on intermediaries. It is an essential topic as modern and digital technologies develop more and more every day alluring new participants who should understand what can be said online, how their actions can be protected, freedom executed and what are liabilities imposed to online service providers.

scholarly journals How can the law in England and Wales be reformed in order to regulate offensive online communications with respect to the right of freedom of expression?

2019 ◽  
Vol 1 (1) ◽  
pp. 99-111
Author(s):  
Estelle Chambers ◽  
Laura Carr ◽  
Charlotte Bushby ◽  
Rebecca Everson ◽  
Sarah Curran ◽  
...  
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Freedom Of Expression ◽  
Legal Issues ◽  
Media Usage ◽  
Online Communications ◽  
Revenge Porn ◽  
The Right ◽  
The Way

The evolution of social media in recent years has significantly changed the way society interacts and engages with each other. Research has shown that there has been a 21% increase in social media usage by UK adults from 2011 to 2017. This drastic shift regarding the way we communicate can be said to bring many benefits; however, it can also impose serious legal issues. Such legal issues include ‘revenge porn’, online blackmail and ‘trolling’. For the purpose of this investigation, the main focus of the research will be on the area of offensive online communications.The investigation will cover the effectiveness of the current criminal law in terms of offensive online communications. In addition to this, the research will be highlighting any gaps within the current law in regard to overcoming this problem. When considering potential reforms, the right to freedom of expression will remain at the forefront of the research to prevent any alienation of human rights.

scholarly journals Is Social Media Challenging the Authority of the Judiciary? Rethinking the Effectiveness of Anonymised and Super Injunctions in the Age of the Internet

2016 ◽  
Vol 18 (32) ◽  
pp. 39-87 ◽  
Author(s):  
Thaddeus Manu ◽  
Felipe Romero Moreno
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Freedom Of Expression ◽  
The Internet ◽  
Right To Privacy ◽  
Legal Doctrine ◽  
The Right To Privacy ◽  
Procedural Law ◽  
Fundamental Tension ◽  
The Right

Abstract While freedom of expression has a long and well-established constitutional foundation as a self-governing concept, the right to privacy is a relatively recent norm in the constitutional orientation of the United Kingdom. Until the Human Rights Act 1998, the right to privacy had little standing constitutionally. Following on from this standard-setting, notably, both rights have taken on added importance in our modern technological society. Nevertheless, the formulation of privacy into a legal doctrine of human rights seems to have presented a fundamental tension in relation to freedom of expression. As a matter of legal logic, the courts, through a consideration of the law, examine the substantive legal issues in terms of a balancing process, whereby the interest in privacy is balanced against the interest in freedom of expression. It is a matter of broad principle for the courts to rely on injunctions as ancillary instruments of equity in doing justice in this field. Significantly, while the elementary norm of an injunction is that it commands an act that the court regards as an essential constituent to justice, unfortunately, many contend that judges have gone beyond this point, and this is shifting opinions. In fact, serious concerns have been frequently expressed about the extent to which the rich are easily able to invoke the discretion of the court to grant injunctions in a fashion that remains an antithesis to the principle of open justice and also undermines the exercise of freedom of speech. While this suspicion is not entirely new to matters of procedural law, the recent case, PJS v News Group Newspapers turned on this controversy. Therefore, the aim of this paper is to examine the complexity of celebrity privacy injunctions in the age of the internet and question its relevance, as we outline the extent to which social media is challenging the authority of the state (judiciary) in this direction.

scholarly journals FENOMENA ANAK SEBAGAI PELAKU PERSEKUSI DI MEDIA SOSIAL

2019 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Chazizah Gusnita
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Law Enforcement ◽  
Child Protection ◽  
Freedom Of Expression ◽  
Child Therapy ◽  
Psychological Violence ◽  
The Media ◽  
Physical And Psychological Violence ◽  
Trust Law

Kasus persekusi mencuat ke publik mulai tahun 2017. Data dari SAFEnet mencatat pada Juni 2017 ada 66 pengaduan aksi persekusi di seluruh Indonesia. Bahkan tercatat ada 100 kasus persekusi yang terjadi sejak awal tahun 2017 sampai November 2017. Sementara data KontraS menyebutkan, sedikitnya ada 48 kasus atau peristiwa persekusi berbasis agama dan keyakinan terjadi sepanjang Januari hingga Oktober 2017. Hingga kemudian persekusi dinilai menjadi sebuah fenomena di Indonesia yang terjadi pada akhir 2016 hingga awal 2017. Masalah persekusi ini dapat terjadi akibat kebebasan berpendapat yang berlebihan di media sosial, orang dapat dengan bebas dan seenaknya melakukan penghinaan terhadap ulama atau tokoh lain, sedangkan disisi lain pihak yang merasa menjadi korban penghinaan tidak lagi percaya kepada penegak hukum sehingga muncul tindakan persekusi. Dalam kasus persekusi ini pun tidak jarang anak-anak terlibat di dalamnya. Anak-anak tersebut bahkan menjadi pelaku persekusi di media sosial. Maka tujuan penelitian ini untuk mengetahui bagaimana anak melakukan persekusi dan model rehabilitasi anak sebagai pelaku persekusi. Metode yang digunakan adalah kualitatif deskriptif dengan analisis studi literatur pemberitaan anak di media massa dan metode terapi anak sebagai pelaku. Hasil penelitian ini melihat fenomena persekusi sebenarnya sudah ada sejak tahun 1965 karena melihat karakteristik persekusi yang tidak hanya sekedar ancaman. Persekusi masuk dalam kategori kejahatan pelanggaran HAM. Memberikan rasa takut pada orang lain dalam bentuk kekerasan baik verbal, fisik, maupun psikologis merupakan kejahatan HAM. Namun jika melihat dari pelaku yang masih usia anak-anak, maka tetap mempertimbangkan undang-undang perlindungan anak dimana anak tersebut harus diberikan rehabilitasi. Metode terapi anak diberikan oleh lembaga yang berwenang yaitu Balai Rehabilitasi Sosial Anak Membutuhkan Perlindungan Khusus (BRSAMPK) Kemensos. Cases of persecution started to surface in 2017. According to data from SAFEnet, in June 2017 there were 66 complaints of persecution throughout Indonesia. Meanwhile, there were 100 cases of persecution that occurred from the beginning of 2017 to November 2017. Data from KontraS stated that there were at least 48 cases or events of religion and belief-based persecution occurring from January to October 2017. Until then, persecution was considered to be a phenomenon in Indonesia that occurred at the end of 2016 until early 2017. Issues of persecution may occur due to excessive freedom of expression on social media, where people can freely and arbitrarily insult religious or other figures, while on the other hand, those who feel victimized no longer trust law enforcement which leads to persecution. It is not uncommon for children to be involved in cases of persecution. Children may even become the perpetrators of persecution on social media. The purpose of this study is to find out how children carry out persecution and the rehabilitation models for children as perpetrators of persecution. The method used in this study is descriptive qualitative, with literature analysis study of news involving children in the media and therapy methods for children as perpetrators. The result of this study indicates that the persecution phenomenon has been around since 1965, referring to characteristics of persecution as more than mere threats. Persecution is included in the category of crimes against human rights. Instilling fear in other people in the form of verbal, physical and psychological violence is crime against human rights. However, if the perpetrators are children, then we must consider the child protection law, indicating that the child must be given rehabilitation. Child therapy method is administered by authorized institutions such as the Balai Rehabilitasi Sosial Anak Membutuhkan Perlindungan Khusus (BRSAMPK) of Ministry of Social Affairs.

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