scholarly journals Evolution of the fundamental rights and freedoms catalog: access to internet

2017 ◽  
pp. 48-56
Author(s):  
ANDRA IFTIMIEI
Keyword(s):  
Large Scale ◽  
Freedom Of Expression ◽  
Internet Access ◽  
Fundamental Rights ◽  
The Internet ◽  
Free Access ◽  
European Court ◽  
The Moment ◽  
Fundamental Rights And Freedoms ◽  
The Individual

The Internet is today the main source of information for the individual. Taking such a large scale, the question arises whether Internet access should not be a fundamental right. There is, undoubtedly, an evolution of the catalog of fundamental rights and freedoms, but we are proposing to debate the issue of classifying access to the Internet as fundamental rights. A first step in this direction has been made by the United Nations, through the resolution that states should refrain from restricting free access to the Internet. At the same time, access to the Internet is considered an integral part of freedom of expression. Thus, in this article we will identify incidental legislation and aspects of constitutional jurisprudence and the European Court of Human Rights. Also, the central body of the article focuses on the punctual analysis of the fundamental rights features, and in conclusion we will conclude if Internet access is at the moment or not a fundamental right.

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.

scholarly journals Recht auf Vergessen? Ethik der zweiten Chance?

2016 ◽  
Vol 64 (6) ◽  
Author(s):  
Christine Abbt
Keyword(s):  
Personal Data ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
Right To Be Forgotten ◽  
European Court ◽  
The Moment ◽  
The Individual ◽  
The Right ◽  
Second Chance

AbstractThe notion of ‘forgetting’ has assumed a new dimension in the digital age. Here I will examine a particular kind of forgetting as reflected in a ruling of the European Court of Justice (ECJ). What the ruling of the ECJ of May 13, 2014 (C-131/12) formulates and invokes as a “right to be forgotten” encompasses the right to co-determine whether certain personal data in the Web should immediately show up or not when a first name and surname is entered as part of a search. When a user has invoked the “right to be forgotten”, and it is determined that it applies, information is, however, not made irretrievable. It continues to remain possible to find this information in a roundabout way, i.e., by means of more precise search queries, although the information should not immediately become visible the moment a person’s full name is typed into a search engine. I will argue that this ruling can be seen as corroborating the fundamental rights of the individual. The idea of the “right to be forgotten” is to give a person a second chance in society. Not all forms of forgetting and remembering can be subsumed under this idea. As will be expounded, this court decision offers a useful normative fundament for the distinction between (1) legitimate attempts at reintegration, (2) legitimate attempts at rehabilitation and (3) unjustified recourse to a right to be forgotten.

scholarly journals Romania: derogation from the European Convention on Human Rights – freedom of expression during public emergency

2021 ◽  
pp. 39-54
Author(s):  
Mónika Márton
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
State Of Emergency ◽  
European Court ◽  
Public Emergency ◽  
Fundamental Rights And Freedoms

A pandemic can provide a textbook example for the restrictions of fundamental rights and freedoms. Romania has decided to derogate from the application of the European Convention on Human Rights during the state of emergency caused by the COVID-19 pandemic. The questions discussed in this paper are whether the derogation of Romania fulfils the criteria established by the case-law of the European Court of Human Rights. If the answer is affirmative: does it have any effect on the inherent limitations on the freedom of expression as stated in art. 10 of ECHR?

World War I Conscription and Social Change in Guinea

1978 ◽  
Vol 19 (1) ◽  
pp. 25-38 ◽  
Author(s):  
Anne Summers ◽  
R. W. Johnson
Keyword(s):  
Social Change ◽  
World War I ◽  
Large Scale ◽  
World War ◽  
Political Movement ◽  
Railway Line ◽  
Military Conscription ◽  
Social Grouping ◽  
The Moment ◽  
The Individual

When the French government introduced military conscription into the A.O.F. in 1912, the Guinean colonial authorities saw the measure as a means of training a local administrative corps to replace the traditional chieftaincy, through whose military defeat the conquest of Guinea had very largely been effected. However, the chiefs had by no means disappeared by 1914, and wartime demands for recruits were too massive to be supplied without their assistance. Their help was bought with promises to consolidate their authority in peacetime. Although able to marshal recruits, the chiefs seem to have been unable to prevent large-scale desertions before the moment of embarkation for France; village populations could also avoid conscription by overland migration out of the A.O.F. The colonial authorities therefore felt constrained to offer substantial inducements, mainly concerning improved social status vis-à-vis the chiefs, to the individual recruits. These contradictory policies were compounded by the recruitment drive of Blaise Diagne in 1918, which involved a further promise to recruits of improved status vis-à-vis the French authorities. The return of ancien combattants to Guinea was marked by outbreaks of strike action among workers in Conakry and along the railway line; by riots in demobilization camps; and by rejection of or agitation against chiefly power in the home cantons to which they dispersed. The anciens combattants did not form a coherent or organized political movement, but remained a conspicuous social grouping between the wars. Although they appear to have been strongly influenced by their experience of war and by contact with French socialists, their conflict with the chiefs seems to have counted for more with them than any confrontation with the French.

Digital Resources and Approaches Adopted by User-Centred Museums

2014 ◽  
pp. 181-199 ◽  
Author(s):  
Ludovico Solima
Keyword(s):  
Social Media ◽  
Social Relations ◽  
User Involvement ◽  
Communication Technologies ◽  
Social Dimension ◽  
The Internet ◽  
Digital Resources ◽  
Open Content ◽  
The Moment ◽  
The Individual

Society is experiencing unprecedented changes, largely attributable to the evolution of communication technologies, which are steadily reframing our way of life, and the methods we use to establish and maintain social relations. Museums are therefore facing numerous challenges, in general as a result of these developments: apps, open content, and the Internet-of-things. A complex relationship can be created between visitors and the museum, and this also opens new unexplored opportunities for user involvement in the museum's activities, even during the course of the visit itself. It is worth taking care to identify all the variables involved in the museum-visitor-relationship, which also encompasses the social dimension. Both the museum and the individual are active participants in a gradually expanding relationship, namely the growth of the so-called Web 2.0 and social media. Therefore, we can assume the need for museums to develop a conscious strategy for their social media presence, a real social media strategy, which forms part of the museum's wider digital strategy. The increasingly pervasive spread of e-mobile technology is a foretaste of the moment when museumgoers will radically change both the way of establishing relations with these organisations and the actual ways of using museum services. This chapter focuses on digital resources and approaches adopted by user-centred museums, where there is an increasing impact from the internet and social media.

Digital Resources and Approaches Adopted by User-Centred Museums

2014 ◽  
pp. 1375-1393
Author(s):  
Ludovico Solima
Keyword(s):  
Social Media ◽  
Social Relations ◽  
User Involvement ◽  
Communication Technologies ◽  
Social Dimension ◽  
The Internet ◽  
Digital Resources ◽  
Open Content ◽  
The Moment ◽  
The Individual

Society is experiencing unprecedented changes, largely attributable to the evolution of communication technologies, which are steadily reframing our way of life, and the methods we use to establish and maintain social relations. Museums are therefore facing numerous challenges, in general as a result of these developments: apps, open content, and the Internet-of-things. A complex relationship can be created between visitors and the museum, and this also opens new unexplored opportunities for user involvement in the museum's activities, even during the course of the visit itself. It is worth taking care to identify all the variables involved in the museum-visitor-relationship, which also encompasses the social dimension. Both the museum and the individual are active participants in a gradually expanding relationship, namely the growth of the so-called Web 2.0 and social media. Therefore, we can assume the need for museums to develop a conscious strategy for their social media presence, a real social media strategy, which forms part of the museum's wider digital strategy. The increasingly pervasive spread of e-mobile technology is a foretaste of the moment when museumgoers will radically change both the way of establishing relations with these organisations and the actual ways of using museum services. This chapter focuses on digital resources and approaches adopted by user-centred museums, where there is an increasing impact from the internet and social media.

Digital Resources and Approaches Adopted by User-Centred Museums

2018 ◽  
pp. 1394-1413
Author(s):  
Ludovico Solima
Keyword(s):  
Social Media ◽  
Social Relations ◽  
User Involvement ◽  
Communication Technologies ◽  
Social Dimension ◽  
The Internet ◽  
Digital Resources ◽  
Open Content ◽  
The Moment ◽  
The Individual

Society is experiencing unprecedented changes, largely attributable to the evolution of communication technologies, which are steadily reframing our way of life, and the methods we use to establish and maintain social relations. Museums are therefore facing numerous challenges, in general as a result of these developments: apps, open content, and the Internet-of-things. A complex relationship can be created between visitors and the museum, and this also opens new unexplored opportunities for user involvement in the museum's activities, even during the course of the visit itself. It is worth taking care to identify all the variables involved in the museum-visitor-relationship, which also encompasses the social dimension. Both the museum and the individual are active participants in a gradually expanding relationship, namely the growth of the so-called Web 2.0 and social media. Therefore, we can assume the need for museums to develop a conscious strategy for their social media presence, a real social media strategy, which forms part of the museum's wider digital strategy. The increasingly pervasive spread of e-mobile technology is a foretaste of the moment when museumgoers will radically change both the way of establishing relations with these organisations and the actual ways of using museum services. This chapter focuses on digital resources and approaches adopted by user-centred museums, where there is an increasing impact from the internet and social media.

How Freedom of Expression Defines the Parody Exception

2019 ◽  
pp. 134-166
Author(s):  
Sabine Jacques
Keyword(s):  
United States ◽  
Human Rights ◽  
Intellectual Property Rights ◽  
Freedom Of Expression ◽  
The United States ◽  
Fundamental Rights ◽  
The United Kingdom ◽  
European Court ◽  
Margin Of Appreciation ◽  
Proportionality Test

This chapter examines the relevance of freedom of expression to the parody exception. It first considers the debate on the interaction between intellectual property rights and fundamental rights before discussing the ways in which freedom of expression may address the excessive expansion of exclusive rights as well as the outer limits of the parody exception. The chapter explains how human rights are embodied in the parody exception and how factors established in the European Court of Human Rights jurisprudence may legitimately restrict freedom of expression. It also explores how national legislators and courts in France, Australia, Canada, the United States, and the United Kingdom strike a balance between freedom of expression values and copyright values. It shows that the outer limits of the parody exception in each jurisdiction are determined by the influence of freedom of expression on copyright, the margin of appreciation, and the proportionality test.

Judges and Human Rights: The Kenyan Experience

1991 ◽  
Vol 35 (1-2) ◽  
pp. 142-173 ◽  
Author(s):  
Gibson Kamau Kuria ◽  
Algeisa M. Vazquez
Keyword(s):  
Attorney General ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
High Court ◽  
Rules Of Procedure ◽  
Fundamental Rights And Freedoms ◽  
The Individual

On 4 July, 1989 in Maina Mbacha v. Attorney General the High Court of Kenya appeared to remove itself from its role of enforcing the Bill of Rights of Kenya. The court ruled “inoperative” section 84 of the Constitution of Kenya which grants original jurisdiction to the High Court to enforce Fundamental Rights and Freedoms of the Individual, section 70–83 (inclusive) (Chapter V). The provision was deemed “inoperative” in Kamau Kuria v. Attorney General, and this was upheld shortly thereafter in Maina Mbacha when the High Court found that no rules of procedure had been enacted to enforce the Bill of Rights and dismissed for lack of jurisdiction. Indeed, in the latter case the court dismissed the application for lack of jurisdiction even though the case was before the court by virtue of the constitutional grant of “original unlimited jurisdiction”. As a matter of established law, the court can be approached by any available procedure when ruling to enforce established constitutional rights. Ordinary rights can be defeated for failure to follow procedure, but historically, procedural requirements often defer to constitutionally granted rights. Once the Bill of Rights was enacted in the Constitution, its enforcement became supreme to all other law, including procedural rules, for the supremacy clause of the Kenya Constitution states: “… if any other law became inconsistent with this Constitution, this Constitution shall prevail and the other law shall to the extent of the inconsistency be void”

scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Individual Responsibility ◽  
The Internet ◽  
Snowball Sampling ◽  
Internet Users ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

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