scholarly journals Squaring the Circle Between Freedom of Expression and Platform Law

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Michael Karanicolas
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
Freedom Of Expression ◽  
Human Right ◽  
International Human Rights ◽  
The Core ◽  
Legal Limits ◽  
International Human ◽  
Global Pressure

Among the greatest emerging challenges to global efforts to promote and protect human rights is the role of private sector entities in their actualization, since international human rights rules were designed to apply primarily, and in many cases solely, to the actions of governments. This paradigm is particularly evident in the expressive space, where private sector platforms play an enormously influential role in determining the boundaries of acceptable speech online, with none of the traditional guardrails governing how and when speech should be restricted. Many governments now view platform-imposed rules as a neat way of sidestepping legal limits on their own exercise of power, pressuring private sector entities to crack down on content which they would be constitutionally precluded from targeting directly. For their part, the platforms have grown increasingly uncomfortable with the level of responsibility they now wield, and in recent years have sought to modernize and improve their moderation frameworks in line with the growing global pressure they face. At the heart of these discussions are debates around how traditional human rights concepts like freedom of expression might be adapted to the context of “platform law.” This Article presents a preliminary framework for applying foundational freedom of expression standards to the context of private sector platforms, and models how the three-part test, which lies at the core of understandings of freedom of expression as a human right, could be applied to platforms’ moderation functions.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

scholarly journals Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic)

2021 ◽  
Vol 15 (1) ◽  
pp. 195-226
Author(s):  
Aron Degol ◽  
Bebizuh Mulugeta
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Adverse Impact ◽  
Court Cases ◽  
Human Right ◽  
International Human Rights ◽  
Peace And Security ◽  
International Human ◽  
The Right

Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted.  The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.

Part IV Normative Evolution, Ch.22 Core Rights and Obligations

2013 ◽  
Author(s):  
Scheinin Martin
Keyword(s):  
Human Rights ◽  
The State ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
The Core ◽  
International Human ◽  
Definition Of

This article examines the three main approaches in the identification of the core rights and obligations in international human rights law. These include the consideration of some human rights as being superior or more fundamental than others, the notion that each human right encompasses an essential core and the definition of core obligations of the state in relation to the enjoyment of human rights. This article suggests that the best way to achieve a thorough understanding of the normative quality and content of human rights as legal rights is to combine these three approaches.

The Application of the Margin of Appreciation Doctrine in Freedom of Expression and Public Morality Cases

2007 ◽  
Vol 8 (7) ◽  
pp. 711-733 ◽  
Author(s):  
Onder Bakircioglu
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Judicial Discretion ◽  
Public Morality ◽  
International Human Rights ◽  
National Interests ◽  
Margin Of Appreciation ◽  
International Human

“Margin of appreciation” refers to the power of a Contracting State in assessing the factual circumstances, and in applying the provisions envisaged in international human rights instruments. Margin of appreciation is based on the notion that each society is entitled to certain latitude in balancing individual rights and national interests, as well as in resolving conflicts that emerge as a result of diverse moral convictions. In this regard, the doctrine is analogous to the concept of judicial discretion, where a judge, in line with certain constraints prescribed by legislation, precedent or custom, could decide a case within a range of possible solutions. The role of discretion is indispensable not only for bridging the gap between the law and changing realities of dynamic social organisms, but also for answering the particular questions of a given case in the absence of overall enacted or case law. In other words, judges are entitled to exercise discretion to make fair decisions in a specific case, without being locked into a formula that might not be applicable to every scenario.

Freedom of Expression on the Internet: A Case Study of Uzbekistan

2008 ◽  
Vol 33 (1) ◽  
pp. 95-134 ◽  
Author(s):  
Zhanna Kozhamberdiyeva
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
The Internet ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Human Rights Protection ◽  
International Human ◽  
The Government

AbstractAgainst the framework of international human rights law, this article studies the regulatory approach towards the exercise of the human right to freedom of expression on the Internet in the legal system of the Central Asian state of Uzbekistan. The mechanisms of state censorship of Internet communication for Uzbek citizens and the restrictions that narrow the scope of freedom of expression in the context of the Internet are the issues in focus. The article argues that the Uzbek government, although publicly committed to democracy and respect for the rule of law under the Constitution, favors regulation that undermines the human right to freedom of expression on both legal and ideological grounds—namely, by enforcing the legal rules on information security and the ideological 'idea of national independence'. The article demonstrates that the absence of legal guarantees of the effective exercise of freedom of expression on the Internet reflects upon the general weakness of Uzbekistan's domestic system of human rights protection. This system gives absolute priority to state interests in legitimizing restrictions upon human rights. The article concludes that the impairment of the right to freedom of expression is inevitable in Uzbekistan unless the government makes an effort to pay full respect to human rights and implement in practice its obligations under international human rights law.

scholarly journals Child Labor and Environmental Health: Government Obligations and Human Rights

2012 ◽  
Vol 2012 ◽  
pp. 1-8 ◽  
Author(s):  
Joseph J. Amon ◽  
Jane Buchanan ◽  
Jane Cohen ◽  
Juliane Kippenberg
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
Environmental Health ◽  
Child Labor ◽  
Gold Mining ◽  
International Labour Organization ◽  
International Human Rights ◽  
The World ◽  
International Human

The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

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