Freedom of information, right to express and social media in India

2020 ◽  
Vol 3 (2) ◽  
pp. 94-104
Author(s):  
Meera Mathew
Keyword(s):  
Social Media ◽  
Information Dissemination ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Freedom Of Information ◽  
Right To Know ◽  
The Public ◽  
Media Technologies ◽  
Constitutional Right ◽  
The Right

People's right to know, to hold opinions, right to access, to seek and receive information, as well as to disseminate and impart ideas, despite frontiers, are protected under all democratic nations' constitutional right of freedom of expression. This duty to inform and disseminate news is undoubtedly the responsibility vested with media as the fourth estate and as a watchdog thereby enabling it to exert due checks and monitors on the working of the nation. By this, it mandates a strong, independent and adequately resourced media to operate in order to serve the general public interest and to place and keep up high standards of journalism. With the changing notions of media and with the prevalence of social media and interactive entertainment platforms, where users write the content, edit the same and disseminate it to the public, the question arises if social media does indeed actually function as ‘media’ as envisioned by our constitutional drafters. Disseminating information accurately to the public is a sacrosanct duty and if such a duty gets affected, the edifice of democracy is devastated. From the traditional media having reliance on what had been circulated, it moved to a system where the ordinary citizen has the capability to manage media technologies and notify own stories creating trends more for a business purpose. This change as named as media-morphosis has also crushed the right to be informed accurately. Against this backdrop, this article addresses the rising frequency of disinformation ‒ occasionally indicated as ‘misinformation’ or ‘fake news’ in social media, inflamed by both states and non-state stakeholders, plus the diverse issues to which they perhaps are a causative part or key source. It also critically evaluates the obligation states have to enable a conducive environment for freedom of expression that comprise encouraging and defending diverse media however, simultaneously, to curtail any sort of misinformation being disseminated to its people. As is evident from the title of this article, the jurisprudential aspects of freedom of information vis-a-vis the freedom to disseminate are examined where the primary examination focus is on – if media that is used to keep a watchful eye on the dealings of government and act as a champion of the public's right to know, has departed from this constitutional duty with the emergence of social media. Moreover, the nexus between ‘contours of expression to disseminate the information’ and ‘extent of limitations as to such information dissemination’ will be analysed. To illustrate, Indian legal framework is used and applied. In its conclusion the author endeavours to question the unwarranted benefit social media enjoys as ‘intermediary’ and as ‘media’ thereby ponders if the current Indian legal framework is adequate to deal with the ramifications.

Deferring Citizens' “Right to Know” in an Information Age

2019 ◽  
pp. 264-286
Author(s):  
William Edward Heuva
Keyword(s):  
Freedom Of Expression ◽  
Information Age ◽  
Right To Know ◽  
Access To Information ◽  
Human Right ◽  
Emerging Democracies ◽  
The Right To Know ◽  
Policy Frameworks ◽  
Constitutional Right ◽  
The Right

Namibia is one of the emerging democracies that have not yet enacted the Access to Information legislation. While the country has guaranteed freedom of expression and media in its constitution, it has not provided for Access to Information as a constitutional right. This chapter seeks to examine Namibia's reluctance to adopt an Access to Information legislation. It interrogates views that locate the omission of this fundamental human right in the country's constitutional (legal) and policy frameworks. It underscores the failure by Namibia to reverse the information black-out suffered under the Apartheid dispensation. The chapter starts with a theoretical/philosophical rationale for the right to know to elicit an understanding of this discourse and its relevance to emerging democracies, such as Namibia. It then examines attempts by state and civil society to introduce the legislation in the country. Predicted on praxis, the chapter in conclusion provides some suggestions that may help resolving the impasse in adopting the Access to Information legislation in the county.

scholarly journals Social Media and Reproductive Health - Communication Model of Adolescent Reproductive Health in Social Media

2017 ◽  
Vol 2 (4) ◽  
pp. 28
Author(s):  
Yanti Setianti ◽  
Susanne Dida ◽  
Lilis Puspitasari ◽  
Aat Ruchiat Nugraha
Keyword(s):  
Social Media ◽  
Reproductive Health ◽  
Information Dissemination ◽  
High Selectivity ◽  
Communication Model ◽  
The Public ◽  
Correct Information ◽  
The Social ◽  
Adolescent Reproductive Health ◽  
The Right

Communication via social media has created a positive output on information dissemination in every aspect of life, including health. One of the social media functions is to support development by empowering the public in taking care of their own health and welfare. It is essential to develop an effective communication model for disseminating information on adolescent reproductive health. The rapid growth in the number of health reproductive information portals in the social media, the circumstances are creating a high selectivity on the right and correct information needed for the adolescent based on the particular condition in each region. 

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals Freedom of Information and Citizens’ Perception in Albania

2018 ◽  
Vol 4 (2) ◽  
pp. 212-219
Author(s):  
Ardita Shehaj
Keyword(s):  
Good Governance ◽  
Public Awareness ◽  
Public Information ◽  
Legal Framework ◽  
Freedom Of Information ◽  
Citizen Education ◽  
Information Law ◽  
Constitutional Right ◽  
Right To Information ◽  
The Right

Abstract Transparency and the right to information are among the most important components of good governance, strong and stable democracy, citizen’s participation and the fight against corruption. The right to information is a constitutional right that is guaranteed not only by freedom of information law but also from the Albanian constitution. This legal framework is ranked 6th in the world and guarantees not only citizens right to access public information but also obliges institutions to proactively disclose information. Beside the fact that the Albanian legal framework is a very good one, it is very important to know citizens perception regarding the necessity of this right. For this reason, a survey was conducted and the data show that citizen education and their contact with the law are not enough for the proper implementation of this law. Public awareness is needed not only to explain how to exercise the right to access information but especially to explain the importance of this law in the fight against corruption.

scholarly journals Reclaim the right to know toki and locate it online

2010 ◽  
Vol 16 (2) ◽  
pp. 10-14
Author(s):  
Lisa Williams-Lahari
Keyword(s):  
Public Interest ◽  
Freedom Of Information ◽  
Right To Know ◽  
The Public ◽  
Talking Heads ◽  
The Right To Know ◽  
Governance Process ◽  
The Media ◽  
The Right ◽  
The Impact

Commentary: A Cook Islands proverb goes like this: Taraia to toki, ei toki tarai enua – ‘Sharpen your adze, the adze to carve nations.’ Applying the proverb in this context, the toki/adze can be seen as the media. The right to know is the tool which keeps the adze strong and effective. When the toki is well prepared for its work, the impact on public debate and protection of media freedoms is strongest. The diversity of news outlets and ‘talking heads’ in the public domain helps foster a sense of public participation; and ownership of the governance process. When the adze is blunted by lack of Freedom of Information legislation, or by the failure of media workers to pressure for the public interest and the right to know, we see the deadening impacts that many of us can attest to in our countries.

Deferring Citizens' “Right to Know” in an Information Age

2017 ◽  
pp. 245-267
Author(s):  
William Edward Heuva
Keyword(s):  
Freedom Of Expression ◽  
Information Age ◽  
Right To Know ◽  
Access To Information ◽  
Human Right ◽  
Emerging Democracies ◽  
The Right To Know ◽  
Policy Frameworks ◽  
Constitutional Right ◽  
The Right

Namibia is one of the emerging democracies that have not yet enacted the Access to Information legislation. While the country has guaranteed freedom of expression and media in its constitution, it has not provided for Access to Information as a constitutional right. This chapter seeks to examine Namibia's reluctance to adopt an Access to Information legislation. It interrogates views that locate the omission of this fundamental human right in the country's constitutional (legal) and policy frameworks. It underscores the failure by Namibia to reverse the information black-out suffered under the Apartheid dispensation. The chapter starts with a theoretical/philosophical rationale for the right to know to elicit an understanding of this discourse and its relevance to emerging democracies, such as Namibia. It then examines attempts by state and civil society to introduce the legislation in the country. Predicted on praxis, the chapter in conclusion provides some suggestions that may help resolving the impasse in adopting the Access to Information legislation in the county.

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.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

How Twitter is changing the meaning of scholarly impact and engagement: Implications for qualitative social work research

2018 ◽  
Vol 19 (2) ◽  
pp. 178-191 ◽  
Author(s):  
Victoria F Burns ◽  
Anne Blumenthal ◽  
Kathleen C Sitter
Keyword(s):  
Social Media ◽  
Social Work ◽  
Social Issues ◽  
Public Realm ◽  
Knowledge Mobilization ◽  
Social Work Research ◽  
The Public ◽  
Media Technologies ◽  
Scholarly Impact ◽  
Perspective Drawing

Social media technologies continue to change the academic landscape. Twitter has become particularly popular in research arenas including social work and is being used for fieldwork, knowledge mobilization activities, advocacy, and professional networking. Although there has been some consideration of the benefits and risks of using social media in academia, little has been written from a qualitative social work perspective. Drawing on the example of Twitter, this article redresses this gap in the literature, by exploring how social media is changing the way research is conducted and promoted in relation to (1) measuring scholarly impact via altmetrics; (2) engaging with research participants; (3) networking and making collegial connections; and (4) advocating for social issues in the public realm. As we highlight tensions in each of these four areas, a key concern is how and for whom social media is contributing to the changing meaning of scholarly impact and engagement in research communities. We draw specific attention to how the inequalities that exist in academia writ large may be amplified on social media thus affecting overall engagement and perceived impact for researchers from marginalized social locations (e.g. gender, race, sexual orientation). We conclude by discussing specific implications of using social media in qualitative social work research and provide suggestions for future areas of inquiry.

scholarly journals Interference with Freedom of Expression

2022 ◽  
Author(s):  
Gabriela Nemţoi ◽  
Keyword(s):  
Social Issues ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Public Interests ◽  
The Rule Of Law ◽  
Private Interests ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right ◽  
Case Basis

Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.

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