The ‘chilling effect’ of defamation law in Northern Ireland?

This article compares defamation law in England and Wales with that of Northern Ireland and analyses whether the current law in Northern Ireland is having a ‘chilling effect’ on free speech. At the time of writing, the Northern Ireland Assembly is formally considering adopting legislation based on the Defamation Act 2013 which reformed the law in England and Wales. The article aims to contribute to that debate in Northern Ireland, but it should also be of broader interest as an analysis of the effectiveness of the Defamation Act 2013. The article focuses on three key areas of reform, in both the Defamation Act 2013 and the Northern Ireland Defamation Bill: the presumption of jury trial, the threshold of seriousness, and the public interest defence. It demonstrates that the different approach of the law in Northern Ireland in these areas did not simply occur with the enactment of the 2013 Act, but rather that it started several years before that with a divergence from developments in the common law in England and Wales. The article argues that the difference has been entrenched by the changes in the 2013 Act, and that, in relation to each of those areas, the law in Northern Ireland is now on a singular course and one that can be seen to have a definite ‘chilling effect’ on free speech.

Introducing a Levy Scheme to Online Educational Use of Copyrighted Works

It is common for teachers to use others' copyrighted works for the purpose of teaching. The current copyright law in many nations only exempts educational use in the context of offline classroom teaching. The use of others’ copyrighted material in online teaching may still constitute copyright infringement. To protect teachers from the chilling effect of copyright infringement, to safeguard the public's freedom to obtain knowledge, and to ensure the commensurability of the profits and responsibilities of online teaching platforms, this paper proposes a levy scheme for online teaching. Under the levy scheme, teachers are free to use others’ published work for the purpose of online teaching, provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner. Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.

Freedom of hate speech: The First Amendment, Snyder v Phelps and beyond

<p>This paper assesses the United States position on the protection of hate speech under the First Amendment and questions whether, in light of the harm hate speech causes and the inconsistencies with free speech rationales, the position is justified. The most recent Supreme Court pronouncement on the issue is Snyder v Phelps which this paper utilizes as an exemplar of the state’s aversion to regulating speech on the basis of content. The ultimate thesis of this paper is that while hate speech is a complex issue, especially given the United States constitutional climate, complete lack of regulation leaves an appreciable harm without a remedy. The approach in the United States can no longer be justified in reliance on oft cited free speech rationales. Though international experiences in hate speech regulation have not been without their difficulties, it serves to illustrate the point that regulating some forms of speech on the basis of content does not necessarily result in the “chilling effect” that heavily concerns First Amendment scholars.</p>

Freedom of hate speech: The First Amendment, Snyder v Phelps and beyond

<p>This paper assesses the United States position on the protection of hate speech under the First Amendment and questions whether, in light of the harm hate speech causes and the inconsistencies with free speech rationales, the position is justified. The most recent Supreme Court pronouncement on the issue is Snyder v Phelps which this paper utilizes as an exemplar of the state’s aversion to regulating speech on the basis of content. The ultimate thesis of this paper is that while hate speech is a complex issue, especially given the United States constitutional climate, complete lack of regulation leaves an appreciable harm without a remedy. The approach in the United States can no longer be justified in reliance on oft cited free speech rationales. Though international experiences in hate speech regulation have not been without their difficulties, it serves to illustrate the point that regulating some forms of speech on the basis of content does not necessarily result in the “chilling effect” that heavily concerns First Amendment scholars.</p>

In Fact, It’s a Matter of Opinion: Determining a Distinction Between Fact and Opinion within the New Zealand Defence of Honest Opinion

<p>This paper discusses the distinction between fact and opinion within the defence of honest opinion. It is argued that the classic legal tests for determining that distinction are largely unhelpful and produce unpredictable results, which trigger a chilling effect on speech. This paper advocates for an adaptation of the four-factor totality of circumstances test, established in Ollman v Evans 750 F 2d 970 (DC Cir 1984), to be inserted into the New Zealand Defamation Act 1992. This would provide more clarity, consistency and predictability for the defence of honest opinion in New Zealand, thereby better supporting freedom of expression under s14 of the New Zealand Bill of Rights Act 1990.</p>

In Fact, It’s a Matter of Opinion: Determining a Distinction Between Fact and Opinion within the New Zealand Defence of Honest Opinion

<p>This paper discusses the distinction between fact and opinion within the defence of honest opinion. It is argued that the classic legal tests for determining that distinction are largely unhelpful and produce unpredictable results, which trigger a chilling effect on speech. This paper advocates for an adaptation of the four-factor totality of circumstances test, established in Ollman v Evans 750 F 2d 970 (DC Cir 1984), to be inserted into the New Zealand Defamation Act 1992. This would provide more clarity, consistency and predictability for the defence of honest opinion in New Zealand, thereby better supporting freedom of expression under s14 of the New Zealand Bill of Rights Act 1990.</p>

A Sandbox Approach to Regulating High-Risk Artificial Intelligence Applications

This paper argues for a sandbox approach to regulating artificial intelligence (AI) to complement a strict liability regime. The authors argue that sandbox regulation is an appropriate complement to a strict liability approach, given the need to maintain a balance between a regulatory approach that aims to protect people and society on the one hand and to foster innovation due to the constant and rapid developments in the AI field on the other. The authors analyse the benefits of sandbox regulation when used as a supplement to a strict liability regime, which by itself creates a chilling effect on AI innovation, especially for small and medium-sized enterprises. The authors propose a regulatory safe space in the AI sector through sandbox regulation, an idea already embraced by European Union regulators and where AI products and services can be tested within safeguards.

The Personality Nexus

This chapter explores the changing legal landscape of moral rights in the context of music creation. It traces moral rights’ roots to the Kantian theory of authors’ personality rights in continental Europe and it also explains common law jurisdictions’ ideological resistance to a freestanding moral right doctrine in favor of a patchwork approach to the issue. It shows that international agreements including the Berne Convention, the WPPT, and the Beijing Treaty, have played different roles in promoting the minimal moral right standard for either music creators or performers at the international level. Furthermore, it should not be ignored that there has always been an unresolved tension between moral rights and the time-honored practice of music parody, because the former might exert a chilling effect on the latter. It is suggested that a reimagination of moral rights through the Kantian communicative authorship is crucial for accommodating parodic expressions in an increasingly reconfigurable music ecosystem.

University Title IX Requirements have Chilling Effect on Gender Discrimination Research: A Call for a More Nuanced Approach

The full extent of gender discrimination in university settings remains uncertain. More research is needed to understand the scope of gender discrimination experiences in universities and to develop effective prevention approaches. However, Title IX and Institutional Review Board policies may hinder researchers’ abilities to study gender discrimination in university settings. In this paper, we describe our experience working with the Institutional Review Board and Title IX offices to obtain approval for researching gender discrimination in university settings. We provide recommendations for how universities can enable gender discrimination research and follow Title IX policies.

Chilling Effect of Inoculation on the Microstructure and Hardness Property of Hypo-Eutectic Grey Cast Iron

The influence of varied weight percent of inoculant (ferrosilicon) on the microstructure and hardness property of hypo- eutectic grey cast iron was investigated. Four sets of chill wedge samples were produced using two chill wedge wooden patterns (W3 1/2 and W4). The first set, the control samples W3 1/2 and W4 were uninoculated. The second, third and fourth sets were inoculated with 1.0wt.%, 1.5wt.% and 2wt.% ferrosilicon respectively to give inoculated samples W3 1/2 and W4. Wedge test was conducted on the samples at the four different points (1, 2, 3 and 4) in accordance with ASTM A367. From the results, microstructures of the control and the inoculated samples were differently influenced by the varied percentage of the inoculant at the four designated points 1, 2, 3 and 4. The average hardness property of the inoculated samples decreases with increasing ferrosilicon addition. Samples W3 1/2 and W4 with 1.0wt.% ferrosilicon revealed high hardness property at chill zone, and hardness property of W3 1/2 was high relative to sample W4 with the values of 34.9 HRA and 30.6 HRA respectively. Similarly, the control samples showed the highest hardness property at the chill zone. Sample W3 1/2 revealed high hardness value of 33.0 HRA relative to sample W4 of 26.8 HRA at the chill zone. Keywords - inoculant; Microstructure; hypo- eutectic; chill zone; hardness property