scholarly journals ETHICS AND POWER OF INDONESIAN SOCIAL MEDIA USERS: A STUDY BASED ON GRAMSCI'S THEORY OF HEGEMONY AND ELECTRONIC INFORMATION AN TRANSACTION LAW

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Fajar Muharram
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Literature Review ◽  
Research Method ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Public Order ◽  
The Internet ◽  
Electronic Information ◽  
Negative Impacts

Social media is a space for interaction for humanity in this millennial era. However, social media development is often accompanied by several phenomena such as defamation, hate speech, and bullying. In Indonesia, this latest phenomenon occurs in hate speech and bullying cases that befell Tri Risma Harini as Mayor of Surabaya. This research aims to analyze Indonesian social media users' ethics and power based on the perspective of Gramsci's theory of hegemony and electronic information and transaction (EIT) Law. The research method used in the study is a literature review, which contains reviews, summaries, and the author's thoughts on several sources of literature (articles, books, slides, information from the internet, etc.) on the topics discussed. Meanwhile, Antonio Gramsci's hegemony theory and Law Number 19 of 2016 concerning EIT are used to analyze the literature-status used. The findings in this study indicate that an Indonesian citizen who uses social media cannot freely express his/her will because it is regulated in the ITE Law and local laws limit the freedom of expression of every citizen, spirit (morality), society, and order. Social and political (public order) of a democratic society as contained in article 29 of the Universal Declaration of Human Rights. As an Indonesian citizen, the case that befell Zikria is actually an act that is not wise in using social media. Although the freedom of opinion of every citizen is guaranteed by the laws of this country, an understanding of the substance of the ITE Law must be well understood. Researchers recommend citizens in expressing their opinions must understand and be well aware of the regulations that apply in this country so that there are no negative impacts that can be obtained in the future. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0790/a.php" alt="Hit counter" /></p>

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.

18. Freedom of Expression

2020 ◽  
pp. 488-526
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare 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 privacy, incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

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.

The Problem of Platform Law

2020 ◽  
pp. 973-994
Author(s):  
Molly K. Land
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
User Behavior ◽  
The Internet ◽  
Technological Design ◽  
User Choice ◽  
Media Companies ◽  
Broad Array ◽  
The Right

The internet would seem to be an ideal platform for fostering norm diversity. The very structure of the internet resists centralized governance, while the opportunities it provides for the “long tail” of expression means even voices with extremely small audiences can find a home. In reality, however, the governance of online speech looks much more monolithic. This is largely a result of private “lawmaking” activity by internet intermediaries. Increasingly, social media companies like Facebook and Twitter are developing what David Kaye, UN Special Rapporteur for the Promotion and Protection of the Right to Freedom of Opinion and Expression, has called “platform law.” Through a combination of community standards, contract, technological design, and case-specific practice, social media companies are developing “Facebook law” and “Twitter law,” displacing the laws of national jurisdictions. Using the example of content moderation, this chapter makes several contributions to the literature. First, it expands upon the idea of “platform law” to consider the broad array of mechanisms that companies use to control user behavior and mediate conflicts. Second, using human rights law as a foundation, the chapter makes the case for meaningful technological design choices that enable user autonomy. Users should be able to make explicit choices about who and what they want to hear online. It also frames user choice in terms of the right to hear, not the right to speak, as a way of navigating the tension presented by hate speech and human rights without resorting to platform law that sanitizes speech for everyone.

scholarly journals LIMITATIONS OF THE FREEDOM OF SPEECH IN THE INTERNET

2020 ◽  
Author(s):  
Bartosz Brzyski
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Free Expression ◽  
The Internet ◽  
Internet Services ◽  
Modern Times ◽  
The Social ◽  
The Right

The development of Internet services lead to many changes in forms of expression of our opinions and ideas. The author shall discuss whether the term “freedom of speech” is still suitable for modern times, regarding the conversations in the social media. As we all know, the freedom of speech and the freedom of expression were never absolute and certain limitations of them are completely legal and necessary. However, as the author will try to prove, there are some serious concerns about executing such limitations online as well as effectively proving if someone’s rights have been violated due to excess of freedom of expression. The possible ideas of fighting the hate speech and other acts of trespassing the right to free expression shall also be presented.

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.

New Communication Technologies

2016 ◽  
pp. 144-162 ◽  
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.

scholarly journals KONSEP HAK UNTUK DILUPAKAN SEBAGAI PEMENUHAN HAK KORBAN REVENGE PORN BERDASARKAN PASAL 26 UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 32 (2) ◽  
pp. 175
Author(s):  
Hwian Christianto
Keyword(s):  
Human Rights ◽  
Service Provider ◽  
Research Method ◽  
Internet Service Provider ◽  
Court Decision ◽  
The Internet ◽  
Electronic Information ◽  
Internet Service ◽  
Revenge Porn ◽  
The Right

AbstractRevenge porn victims experience prolonged and severe mental suffering due to defamation and negative stigma. Article 26.1 of Information and Electronic Transaction Act arranged a mechanism that victims shall request to the internet service provider to block or eliminate an information or content through a court decision. Juridical-normative research method was used through laws and regulations understandings related to victims’ rights complemented with understanding the form of victims as predisposed victims and participating victims. As a result, the right to be forgotten is a part of human rights as recognition of oneself as a victim, so that the elimination of violating electronic information that is detrimental to the victim becomes the fulfillment mechanism. IntisariKorban revenge porn mengalami penderitaan mental yang berkepanjangan dan berat akibat pencemaran nama baik dan stigma negatif. Pasal 26 ayat (1) Undang-Undang Informasi dan Transaksi Elektronik mengatur mekanisme korban harus memohon kepada penyedia jasa internet untuk memblokir atau menghapus informasi melalui penetapan pengadilan. Metode penelitian yuridis normatif digunakan melalui pemahaman peraturan perundang-undangan terkait hak korban dilengkapi pemahaman bentuk korban sebagai predisposed victims dan participating victims. Hasilnya, hak untuk dilupakan merupakan bagian dari hak asasi manusia sebagai pengakuan diri sebagai korban sehingga penghapusan informasi elektronik yang melanggar yang merugikan korban menjadi mekanisme pemenuhanya.

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.

Video Advertising: Connection and differences between consumers?

2021 ◽  
Vol 3 (1) ◽  
pp. 14-25
Author(s):  
Sónia Ferreira ◽  
Sara Santos ◽  
Pedro Espírito Santo
Keyword(s):  
Social Networks ◽  
Social Media ◽  
Literature Review ◽  
Conceptual Model ◽  
The Internet ◽  
Internet Search ◽  
Video Advertising ◽  
Social Media Engagement

The internet search trend has caused that online users are looking for more and more enriched information. The evolution of social media has been huge and users relate to social networks differently than they did before. Currently, there are more than 4 billion active users on social networks and brands are looking to showcase their products and services. Our research found the following factors that influence social media engagement: informativeness, self-connection and advertising stimulation. Through literature review, we propose a conceptual model that has been tested in the PLS-SEM. Data were collected from 237 consumers and our survey found that engagement in social media is explained by the variables identified by our model. Important contributions to brand theory and management will be found in this investigation.

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