scholarly journals Confidential Information and the Right to Freedom of Speech

2021 ◽  
Vol 10 ◽  
pp. 648-651
Author(s):  
Svitlana Bevz ◽  

The article is devoted to the problem of ensuring balance in the realization of two fundamental human rights and freedoms in a democratic society – the right to freedom of speech and privacy. It has been concluded that the rights to freedom of speech and privacy are recognized as fundamental human rights that do not conflict with each other but are intangible, inherent in every person. The right to freedom of journalism is a continuation of the right to freedom of speech and information and consists in the collection, storage, and dissemination of socially important information through the mass media. The usage of the rights in question, including in the mass media actions, may not be grounds for restricting or violating the right of everyone to privacy, the confidentiality of correspondence, correspondence, telephone conversations, and entails criminal liability in cases provided by law. In the public interest, the law provides grounds for exempting a journalist from criminal liability for disclosing confidential information, in particular in the case of disclosure of information of public interest or has already been published in other media, or concerns officials of public authorities.

Author(s):  
Stavroula Karapapa

A number of copyright exceptions and limitations aim to promote the production of new copyright works and new authorship, and the protection of the public interest in gaining access to information and knowledge embodied in copyright-protected works. Most of these exceptions are premised on a fundamental human rights justification, such as freedom of speech or freedom of the press, or the right to access protected works without discrimination on grounds of disability. These include, for instance, reproduction by the press for the reporting of current events, quotations for criticism or review, and uses for the purpose of caricature, parody, or pastiche. They also include exceptions and limitations available to persons who are blind, visually impaired, or otherwise print-disabled. Although these exceptions and limitations are express manifestations of fundamental human rights, their scope remains relatively narrow and their legal nature and status against contractual overridability is not settled. Indeed, the permissibility of the relevant activities is subject to a number of internal limitations that may not work well in light of modern uses of materials in the online context. These include purpose limitations, such as the requirement that some uses ought to be non-commercial, scope limits (e.g. the doctrinal requirement that parodies have to be an expression of humour and mockery to be lawful), or restrictive principles that are inherent within copyright, like attribution to the source of the original work.


Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 620-644
Author(s):  
Tamás Korhecz

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.


Author(s):  
Juan Manuel Goig Martínez

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.


2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.


2020 ◽  
Vol 20 (2) ◽  
pp. 333-360
Author(s):  
Jonathan Collinson

Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.


Author(s):  
Subir Sinha

COVID-19 is the cause of the greatest pandemic of the century that affects almost every nation of our globe. In India, mass media has played a significant role in this pandemic situation. The media coverage revealed fearlessly the condition of COVID-19 and provides a pictorial view of the situation in front of the readers and viewers. The main objectives of these fearless journalistic works were to provide the public valuable authentic information, create awareness among the public, eliminate fake propaganda and fake news, highlight the problem face by the ordinary public, and to provide the government a medium to speak with the public for the public interest. Mass media served as a vital weapon to fight against COVID-19. The valuable information and instructions provided by mass media created awareness among the public and which played a major role to deescalate the graphical representation of active COVID-19 cases. The outbreak of COVID-19 and the dogmatic approaches of the mass media in the pandemic situation have recalled the concept of media as the third pillar of democracy.


2021 ◽  
pp. 428-464
Author(s):  
Timothy Endicott

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not need to assert a right to a remedy, but must have a ‘sufficient interest’ in the matter in dispute. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing for public authorities, and standing to intervene.


2018 ◽  
Vol 7 (4.38) ◽  
pp. 239
Author(s):  
Elena Anatolyevna Kirillova ◽  
Varvara Vladimirovna Bogdan ◽  
Elena Stepanovna Ustinovich ◽  
Yuliya Olegovna Pronina ◽  
Olga Aleksandrovna Kovaleva ◽  
...  

The article deals with the problems related to the balance between private and public interests when covering events by the mass media. One of the most important social tasks is coordinating various interests, reaching a compromise, and ensuring social harmony and partnership. The purpose of the present study consists in analyzing the right to privacy when covering events by the mass media and identifying specifics of private and public interests. The research is based on the observation method that allowed obtaining a specific factual material. Monitoring was carried out according to the developed plan involving the allocation of specific monitoring objects and stages. The study offers the authors’ definitions of private and public interests, highlights the main features of public interest, as well as identifies the distinctive features of private and public interests. On the basis of the conducted analysis it is proposed to introduce the Concept of privacy (the right to be left alone), excluding cases where the right to privacy can be violated and where the information related to the privacy of a person can be disseminated without the consent of the person. This proposal is practical in nature and will allow the mass media to specificate the notion of the right to privacy. 


Comunicar ◽  
2005 ◽  
Vol 13 (25) ◽  
Author(s):  
María-Magdalena da-Costa-Oliveira

To transform an individual pain into a collective feeling of suffering is a capacity of all mass media. However, television has, in this point, a tremendous power. The capacity to join millions of TV viewers in front of itself is its most admirable merit, but it’s also its most dreadful danger. Principally when the point are the human rights, as the right of privacy or the right of not suffer in the public space, the demand of quality appears not only as an obligation of the Government but also as a duty of citizenship of all TV viewers. Although it is not properly a novelty in some European countries, the existence of a TV Ombudsman2 will be a reality in Portugal only this year. The Government has approved a legal diploma to create this figure, which will evaluate the programming and information of the public channel RTP. As the ombudsmen of press that we already know, the TV Ombudsman will be the person who receives the critics and observations of TV viewers, evaluates them and writes about them an impression to the administration of the channel. Being a self-regulatory proceeding, the TV Ombudsman is fundamentally a mechanism that implicates citizens. It is not only an entity of vigilance on ethics of Television. It is essentially a platform of dialogue between journalists, programmers and TV viewers. As in the press, the Ombudsman is a mediator. Although it is probably not an absolute guarantee of quality, TV Ombudsman is surely an argument of citizens against the bad things diffused by the box that we believe is the one by which the most important of our lives goes trough. Transformar uma dor individual num sentimento colectivo de sofrimento é uma capacidade de todos os meios de massa. Todavia, a televisão tem a este título um poder tremendamente grande. A capacidade de reunir milhões de telespectadores à sua frente é o seu mais admirável mérito, mas também o seu mais temível perigo. Sobretudo quando estão em causa direitos humanos, como o direito à privacidade ou a não sofrer no espaço público, a procura de qualidade surge não somente como uma obrigação do governo como também como um dever de cidadania de todos os espectadores. Não sendo propriamente novidade em alguns países europeus, a existência do Provedor do Telespectador1 só será uma realidade em Portugal este ano. O governo aprovou um diploma para a criação desta figura que deverá avaliar a programação e a informação do canal público RTP. Como os provedores dos leitores que conhecemos, também o Provedor do Telespectador será a pessoa que receberá as críticas e as observações dos telespectadores, as avaliará e emitirá sobre elas um parecer para a administração do canal. Sendo um procedimento de auto-regulação, o Provedor do Telespectador é fundamentalmente uma entidade de vigilância da ética da televisão. Essencialmente é uma plataforma de diálogo entre jornalistas, programadores e telespectadores. Tal como na imprensa, o Provedor é um mediador. Ainda que não seja provavelmente uma garantia absoluta de qualidade, o Provedor do Telespectador é seguramente um argumento dos cidadãos contra os males difundidos pela caixa que se crê ser aquela por onde passa o mais importante das nossas vidas.


2021 ◽  
Vol 3 (4) ◽  
pp. 114-124
Author(s):  
Tat Marlina ◽  
Duwi Handoko

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government. Keywords: human rights, freedom of opinion, right to health


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