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1
Gaiba, Chiara. "Blackface and Freedom of Expression." Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amslaurea.unibo.it/13795/.
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With this work I would like to present the reader with a personal consideration about freedom of speech, its limits, and the controversies it has aroused, particularly in relation to the practice of blackface. The question I am trying to answer in this thesis is: should free speech be denied to those who want to use it for overt expressions of racism, such as blackface?
In regard to the structure of this thesis, I start by briefly presenting the history of free speech, from Ancient Greece, up through the French and American Enlightenment, which respectively produced the Declaration of the Rights of Man and the American Constitution. Both of these documents placed cardinal importance on freedom of speech. I then move on to argue that freedom of speech protects those who express opinions that offend, shock or disturb the state or a great part of the population. And, even most importantly, it is my belief that such opinions and expressions should not be banned nor punished. To show this, I present the case study of blackface, which is the practice of applying dark make up on a white person in order to make that person look like a black. Then, I briefly explain the history of such practice. In light of its history, black communities see blackface as extremely insulting and racist, on the one hand because it is a form of cultural appropriation, and on the other hand because it reinforces the unequal relation between Blacks and Whites, where Whites are the most powerful and decide that they have the right to mock black people.
Nowadays blackface is still persistent, and it is possible to find examples of it all over the world: in the Netherlands, with the long-standing tradition of Black Pete, in the UK, with the traditional folk dancers called The Coconutters, and finally in Japan, with many singers singing American songs in Blackface, and especially in the case of the girl band Momoiro Clover Z and the Rats and Stars’ photo in blackface before a show.
2
Bouhot, Perrine. "Freedom of expression under apartheid." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6820_1298631852.
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Over the past decades, transitions from repressive rule to democracy have increased all over the world, aiming at establishing disclosure and accountability for the crimes perpetrated. One way of assessing the &ldquo
solidity&rdquo
of these new democracies is to look at their provisions on freedom of expression, one of the most precious and fragile rights of man. The right to freedom of expression was recognised by classical traditional liberal theory as from the eighteenth century. It considered it as a useful tool to enhance true statements within the &ldquo
marketplace of ideas&rdquo
. Liberals also believed that such right was a prerequisite for individual autonomy and selffulfillment. They claimed that it strengthened democracy, by allowing individuals to receive all information on issues of public concern which they needed to vote intelligently. Lastly, they argued that it promoted the ideal of tolerance. Since then, the right to freedom of expression has been considered a cornerstone of democracy and protected as such by international instruments among which the International Covenant on Civil and Political Rights of 1966, the African Charter for Human and Peoples&rsquo
Rights of 1981 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.
3
Musa, Abdul Samat. "Freedom of expression in English law." Thesis, University of Manchester, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.237410.
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4
Embling, Geoffrey. "Political correctness and freedom of expression." Thesis, Rhodes University, 2017. http://hdl.handle.net/10962/40873.
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A brief history of political correctness is discussed along with various definitions of it, ranging from political correctness being a benign attempt to prevent offense and avert discrimination to stronger views equating it with Communist censorship or branding it as "cultural Marxism". The aim of the research is to discover what political correctness is, how it relates to freedom of expression and what wider implications and effects it has on society. The moral foundations of rights and free speech in particular are introduced in order to set a framework to determine what authority people and governments have to censor others' expression. Different philosophical views on the limits of free speech are discussed, and arguments for and against hate speech are analysed and related to political correctness. The thesis looks at political correctness on university campuses, which involves speech codes, antidiscrimination legislation and changing the Western canon to a more multicultural syllabus. The recent South African university protests involving issues such as white privilege, university fees and rape are discussed and related to political correctness. The thesis examines the role of political correctness in the censorship of humour, it discusses the historical role of satire in challenging dogmatism and it looks at the psychology behind intolerance. Political correctness appeals to tolerance, which is sometimes elevated at the expense of truth. Truth and tolerance are therefore weighed up, along with their altered definitions in today's relativistic society. The last part of the thesis looks at South Africa's unique brand of political correctness, along with Black Economic Empowerment, colonialism and white guilt, and the research concludes that political correctness is a distinct form of censorship which has developed in modern democracies. The new forms of justice and morality seen in political correctness are distortions of left-wing liberalism, which appeal to different values to those of traditional liberalism.
5
O'Rourke, Kevin Charles. "John Stuart Mill and freedom of expression." Thesis, University College London (University of London), 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.311962.
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6
Laughlin, Cindy. "Freedom of Expression and the College Press." Thesis, The University of Arizona, 1997. http://hdl.handle.net/10150/292229.
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7
Maher, Julie. "Manifesting religious belief : a matter of religious freedom, religious discrimination, or freedom of expression?" Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:eaf72dbe-ca5e-4767-97a6-b28c928be742.
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This thesis asks how manifestation of religious belief by religious individuals can best be protected in English law. It is particularly concerned with the protection available to religious individuals in the public sphere. This thesis assesses the current state of protection under religious freedom and religious discrimination models, before considering the potential for increasing protection by reconceptualising the right to manifest religious belief as an aspect of freedom of expression. This thesis asks whether the practical and conceptual limitations of a religious freedom model, and Article 9 of the European Convention on Human Rights (ECHR) in particular, can be overcome by reliance on alternative modes of protection, namely religious discrimination protections in domestic, Convention, and EU law, or through litigating religious manifestation claims as freedom of expression cases under Article 10 of the ECHR. The difficulty of communicating the harm in being denied the ability to manifest religious beliefs publicly is a key limitation of both religious freedom and religious discrimination models. Similarly, this thesis highlights the difficulty in assessing what weight should be attributed to such religious harm within a proportionality exercise balancing the rights of religious individuals with the rights and interests of other parties. The analysis in this thesis draws primarily upon the sources of law which shape domestic English law in this area, namely the ECHR and European Union law. However, this thesis also considers foreign precedent and case law from the United States in particular. This thesis contends that no one model can address the range of cases where manifestation of religious beliefs arise, and that litigants should be able to draw from religious freedom, religious discrimination, and freedom of expression protections depending on the nature of their case.
8
Abanazir, Suat Cem. "Freedom of expression and its limits in sport." Doctoral thesis, Universitat Pompeu Fabra, 2019. http://hdl.handle.net/10803/667926.
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As a social and economic force, sport is an integral part of globalised society. Sport is organised and followed globally. Therefore, the organisation of sport at the hands of sport governing bodies and the use of the idea of politics-free sport bring about specific concerns for freedom of expression, in that, these bodies tend to restrict expressions that are deemed political. This work aims to provide a coherent framework for a defence of freedom of expression in the context of sport. Pursuing that goal, it analyses the particularities of the sport industry as well as the philosophical foundations for freedom of expression. This work argues that a defence of freedom of expression in a globalised sport industry can be made on moral grounds. It also argues that the idea of politics-free sport and the restrictions for everyone involved are the reflections of the interdependence of the market, the state and the sport industry.Deporte, como una fuerza social y económica es una parte integral de la sociedad globalizada. El deporte está organizado y seguido globalmente. Por este motivo, la organización del deporte por las organizaciones gubernamentales del deporte y el uso de la idea del ‘deporte sin política’, causan preocupaciones específicas relacionadas con la libertad de expresión; en tanto en cuanto estas organizaciones tienen una tendencia de restringir las frases que las asumen políticas. Esta investigación tiene un objetivo de constituir una marca consistente sobre la libertad de expresión en el contexto de deportes. La investigación analiza los soportes filosóficos de libertad de expresión con las particularidades específicas de la industria deportiva cuando intenta a obtener este objetivo. En la investigación se está defendiendo que la libertad de expresión se podrá basar sobre los fundamentos morales ante la industria deportiva globalizada. La investigación también propone que la idea de ‘deporte sin política’ y las restricciones aplicadas para todas las personas son las reflexiones de la interdependencia del mercado, estado y deporte.
9
Nkounga, Francois Joseph. "Flag-burning in the USA - freedom of expression ?" Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-39741.
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This study is focused on whether flag-burning in the USA is protected by the First Amendment to the U.S. Constitution or not? The background of the study is the 1984 Dallas flag-burning. The theoretical framework consists of the Liberty theory with Freedom of Expression and the Harm Principle as main concepts. Methodologically, a theory-consuming case study has been used with a qualitative approach to understand the trials of Johnson versus Texas. The purpose is to gain better understanding of the 1984 Dallas flag-burning. The main findings of the thesis show that despite the government’s pressure and the public opinion, the U.S. Supreme Court followed the Law in lieu of feelings by arguing that flag-burning is protected by the First Amendment. Furthermore, this thesis also reveals the ambiguity of Freedom of Expression. On the one hand, its only limit is actually the harm that it can cause to others and on the other hand Freedom of Expression would be useless if it has no ability to cause harm. A debate of Freedom of Expression may arise when individuals consider that harm has been done to them and need recognition for this harm with evidence of existence of the violence and its amplitude.The main questions may be what are the legitimate and the illegitimate harms.
10
Fakhrtdinov, Renat. "Freedom of Expression Online : Ban of Political Expression on the Internet in Russia." Thesis, Umeå universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-161971.
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11
Gunes, Sema. "The importance of Turkishness and its affects on the Freedom of Expression : EU, Freedom of Expression, TPC 301, and the Armenian issue." Thesis, Jönköping University, JIBS, Political Science, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12680.
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Van, Vollenhoven Willem Johannes. "Learners’ understanding of their right to freedom of expression in South Africa." Thesis, University of Pretoria, 2005. http://hdl.handle.net/2263/25528.
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Newspapers often report on the violation of learners’ rights. Many of these violations and critical incidents are related to the right to freedom of expression, which is internationally viewed as a core right in a democracy. My inquiry focused on grade 11 learners’ understanding of the right to freedom of expression. It is important to understand learners’ understanding of the right to freedom of expression, as they are the leaders of tomorrow and the right to freedom of expression is central to the survival of democracy. This inquiry was informed by an interpretivist paradigm. Atlas.ti™ was used to systematically analyse the data and categorise it into three hermeneutic units. This computer-aided qualitative data analysis software (CAQDAS) tool facilitated the process of analysis and enhanced the validity of the research. During the inductive process of analysis two patterns crystallised, viz. the absolutising of the right to freedom of expression by some learners and the lack of skills to implement the limitation to the right to freedom of expression in schools. The main findings indicated that some learners did not have knowledge regarding the right to freedom of expression, although most learners were aware that they could speak their minds under this right. Furthermore, learners didn’t seem to know how to exercise the right to freedom of expression. One of the factors disrupting the implementation of the right to freedom of expression in schools is the perpetuation of an authoritarian culture in schools. Theoretical and practical recommendations are suggested and avenues for future research are identified.Thesis (PhD (Education Management))--University of Pretoria, 2007.
Education Management and Policy Studies
unrestricted
13
Botha, Joanna Catherine. "Hate speech as a limitation to freedom of expression." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/9054.
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Hate speech in South Africa creates a tension between the right to freedom of expression and the rights to human dignity and equality. The challenge is to achieve a balance between these competing rights in the context of the divisive past and the transformative constitutional ideal, in which reconciliation and respect for group difference are promoted. Freedom of expression, an individual right, must be construed in light of its underlying values, but regard must also be given to communitarian interests. The constitutional standard draws the initial line. The advocacy of hatred on four grounds and which constitutes incitement to cause harm is not constitutionally protected speech. Such speech undermines nation building, causes acrimony, and is not tolerated in the egalitarian society envisaged by the Constitution. The thesis formulates a principled legislative hate speech framework for South Africa at both human rights and criminal levels within the parameters of the constitutional mandate, as guided by the standard for hate speech restrictions in international law, and the Canadian regulatory model. An essential premise is that regulation requires a multi-faceted balancing enquiry. A holistic approach is proposed where factors such as respect for the dignity of the victims, autonomy for speakers, listeners and the wider community; the causal link between hate speech and hatred in a community; and the desire to achieve a diverse and harmonious society; amongst others, are considered. Failure to regulate hate speech constructively endorses hatemongers and promotes damaging speech at the expense of vulnerable groups. Regulation ensures that law sets the normative benchmark, affirms the protection of vulnerable groups within the social fabric and upholds social cohesion, inclusiveness and the equal citizenship of all individuals in society. The thesis contains a proposal for the enactment of legislation creating a self-standing hate speech crime for the advocacy of extreme hatred, shaped in accordance with international requirements and comparative foreign law, and structured in light of the distinction between hate crime and hate speech. The existing legal framework is unable to provide consistent and fitting redress for the severe harm caused by such speech, namely the fostering of an environment in which the stigmatisation of groups is promoted, their exclusion from society justified and intervention is needed to remedy the escalated levels of hatred and violence between different groups in society. PEPUDA, a remedial statute aimed at promoting transformation and substantive equality, is valuable, but its speech prohibitions are broad and imprecise. Consequently, their effectiveness is compromised and their constitutionality questioned. The thesis proposes recommendations for amendments to sections 7(a), 10(1) and 12 of PEPUDA. The aim is to ensure compliance with the international standard and to foster the optimal regulation of hate speech and other forms of damaging speech, including derogatory racial epithets, which undermine human dignity and equality and threaten national unity. It is intended for the two systems to complement one another and to create a legal framework aimed at addressing hate speech constructively and in context, promoting tolerance, respect for difference, reconciliation and transformation.
14
Loverdou, Athina Fotini. "Copyright and freedom of expression : revising the Berne Convention." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1539.
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Commentators' views on the relationship between copyright law and the human right of freedom of expression are currently diverse. The root of the problem lies in the difficulty in balancing authors' rights with human rights in general and the right of freedom of expression in particular. The thesis aims to illustrate that copyright is challenging the effective recognition of the principles of human rights, in particular the individual's right of freedom of expression. This proposition is submitted through an analysis, carried out at the international, regional and national levels, of copyright and author's right laws in relation to the right of freedom of expression. At the three levels, the author's basic moral and economic rights are juxtaposed against another party's right of freedom of expression, indicating conflicts, current and potential, between the two sets of rights. Present limitations and exceptions to copyright law are examined in detail in order to determine whether, and if so to what extent, they effectively safeguard another party's right to freedom of expression vis-à-vis the author's rights. The fair use and fair dealing defences, the public interest aspect, the non-protection of ideas and the term of copyright protection are critically analysed to help unmask legal gaps and inconsistencies in this area under various international, regional and national laws. The thesis proposes that the Berne Convention (1971), generally regarded as the primary international copyright instrument, should be revised in order to alleviate the identified legal inconsistencies and conflicts between the two rights. On the basis that all human beings are entitled to human rights, the proposed revisions introduce firstly, the principle of non-discrimination, so that all authors are protected under the Convention, and secondly, the recognition in the Convention of the human right of freedom of expression, by providing that such right is taken into account in any proceedings concerning the application of the rights granted by the Convention.
15
Jurgens, Hishaam. "Investigating the conflict between freedom of religion and Freedom of expression under the South African constitution." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4099.
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Magister Legum - LLMThis mini-thesis is based on the presumption that the Danish cartoons and the anti-Muslim clip posted on YouTube as forms of expression, ridiculed the religious beliefs and practices of Muslims which in turn affected the exercise of religious freedom as it violated the dignity of the bearers of the right to freedom of religion and therefore a conflict between the right to freedom of religion and freedom of expression exists. The above incidence of conflict between the right to freedom of religion and freedom of expression involves infringing the freedom of religion of the Islamic community. Blasphemy in Islam is speech that is insulting to God, but during the course of Muslim history it has become increasingly linked with insult to the Prophet Muhammad. In Islam the depiction of the Prophet Muhammad in any way is strictly forbidden and is considered blasphemous.
16
Tsiga, I. A. "To tell freedom : A study of black South African autobiography." Thesis, University of Essex, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.377927.
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17
Crawford, G. Mark. "Free speech : the Canadian model; a study of freedom of expression under the Charter of Rights of Freedoms." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390317.
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18
Byrne, John Alexander (Alex). "The politics of promoting freedom of information and expression in international librarianship." Thesis, The University of Sydney, 2003. http://hdl.handle.net/2123/555.
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In 1997 the International Federation of Library Associations and Institutions (IFLA) initiated a project to promote and defend the right to information. This decision to engage proactively with human rights was a radical expansion of the profession's self-conception. Applying an action research methodology, this study traces the development and implementation of the Free Access to Information and Freedom of Expression (FAIFE) initiative. It traces the origins of the decision, and assesses the outcomes of its first five years as it developed from a project into a continuing and central program of the Federation. Both the internal effects on IFLA and the consequences of the project for the profession of librarianship are explored. The thesis locates the key decision in the history of librarianship, its growth as a profession paralleling the development of libraries as institutions. In turn, the decision is also located in IFLA's own history, and the way it survived and worked to advance the ideas and tools of librarianship amid difficult and changing international environments. The politics of professionalism is at the core of the study. The disturbing innovation which FAIFE represented took IFLA outside its traditional focus on the status and techniques of the profession, postulating a new role for the Federation. By investing librarianship with a higher responsibility, it has gone further than the now widely accepted expectation that professionals will place community interests before organisational and personal interests at all times. The responsibility to promote the fundamental human right to information has been embraced as the key principle underlying and informing library and information service, the touchstone for evaluating professional priorities. This locates the primary purpose of the profession outside the profession's institutional base in a supranational, absolute and almost universally recognised social goal. Adopting these aspirations and this role carried many dangers for IFLA. It would inevitably seem a deviation into politics by some. It heightened the risks of both internal dissent and external criticism. It challenged the habitus of disinterested professionalism by invoking a more interventionist social responsibility for IFLA, its constituent library associations and the broader profession. It drew on evolving and contested understandings of professional responsibilities in a complex global environment and has redrawn the accepted boundaries of professional discourse in librarianship. At least so far, the consequences have been beneficial for IFLA, reinforcing its jurisdiction and strengthening the Federation. As an international federation of professional associations, IFLA faces particular challenges in working across diverse national traditions, ideologies and cultures. Its existence and effectiveness rest primarily on internal cohesiveness. Its capacity to develop the FAIFE initiative into a program without schism, and indeed with growing support, has strengthened rather than weakened its organisational capacities. Through that process IFLA has reinvented itself, to a considerable degree, as a form of transnational social movement organisation. It has developed strong relationships with other civil society organisations while maintaining its position as a respected international professional body. It has strengthened its position by becoming a vigorous advocate for the right to information, thereby becoming an actor in the growing international concern with human rights. This study of a decisive period in IFLA's history offers a rare example of an international professional association in transition. In examining this project to promote unrestricted access to information as the reciprocal right of freedom of expression, the research is a case study of the politics of an expanding sense of professionalism. IFLA's experience is pertinent to a range of other organisations, and is itself part of the realignment of international political discourse in response to the growing influence of international organisations and the priority of human rights in international political agendas.
19
Byrne, John Alexander (Alex). "The politics of promoting freedom of information and expression in international librarianship." University of Sydney. Government and International Relations, 2003. http://hdl.handle.net/2123/555.
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In 1997 the International Federation of Library Associations and Institutions (IFLA) initiated a project to promote and defend the right to information. This decision to engage proactively with human rights was a radical expansion of the profession�s self-conception. Applying an action research methodology, this study traces the development and implementation of the Free Access to Information and Freedom of Expression (FAIFE) initiative. It traces the origins of the decision, and assesses the outcomes of its first five years as it developed from a project into a continuing and central program of the Federation. Both the internal effects on IFLA and the consequences of the project for the profession of librarianship are explored. The thesis locates the key decision in the history of librarianship, its growth as a profession paralleling the development of libraries as institutions. In turn, the decision is also located in IFLA�s own history, and the way it survived and worked to advance the ideas and tools of librarianship amid difficult and changing international environments. The politics of professionalism is at the core of the study. The disturbing innovation which FAIFE represented took IFLA outside its traditional focus on the status and techniques of the profession, postulating a new role for the Federation. By investing librarianship with a higher responsibility, it has gone further than the now widely accepted expectation that professionals will place community interests before organisational and personal interests at all times. The responsibility to promote the fundamental human right to information has been embraced as the key principle underlying and informing library and information service, the touchstone for evaluating professional priorities. This locates the primary purpose of the profession outside the profession�s institutional base in a supranational, absolute and almost universally recognised social goal. Adopting these aspirations and this role carried many dangers for IFLA. It would inevitably seem a deviation into politics by some. It heightened the risks of both internal dissent and external criticism. It challenged the habitus of disinterested professionalism by invoking a more interventionist social responsibility for IFLA, its constituent library associations and the broader profession. It drew on evolving and contested understandings of professional responsibilities in a complex global environment and has redrawn the accepted boundaries of professional discourse in librarianship. At least so far, the consequences have been beneficial for IFLA, reinforcing its jurisdiction and strengthening the Federation. As an international federation of professional associations, IFLA faces particular challenges in working across diverse national traditions, ideologies and cultures. Its existence and effectiveness rest primarily on internal cohesiveness. Its capacity to develop the FAIFE initiative into a program without schism, and indeed with growing support, has strengthened rather than weakened its organisational capacities. Through that process IFLA has reinvented itself, to a considerable degree, as a form of transnational social movement organisation. It has developed strong relationships with other civil society organisations while maintaining its position as a respected international professional body. It has strengthened its position by becoming a vigorous advocate for the right to information, thereby becoming an actor in the growing international concern with human rights. This study of a decisive period in IFLA�s history offers a rare example of an international professional association in transition. In examining this project to promote unrestricted access to information as the reciprocal right of freedom of expression, the research is a case study of the politics of an expanding sense of professionalism. IFLA�s experience is pertinent to a range of other organisations, and is itself part of the realignment of international political discourse in response to the growing influence of international organisations and the priority of human rights in international political agendas.
20
De, Klerk Frits. "Joernalistieke privilegie : 'n kritiese analise van 'n joernalis se regsplig om vertroulike bronne van inligting bekend te maak met besondere verwysing na die reg op vryheid van uitdrukking /." Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-02072007-154234/.
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Adjei, William Edward. "The protection of freedom of expression in Africa : problems of application and interpretation of Article 9 of the African Charter on Human and Peoples' Rights." Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=207458.
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The current democratization developments and the need to adequately protect freedom of expression and media freedom in Africa have ushered in significant constitutional and legislative changes in the continent. As such, the adoption of the African Charter on Human and Peoples' Rights constitutes significant machinery for entrenching the liberty of the individuals and a trend in the fight against human rights violations, but how effective are these changes, at the regional and local levels? This thesis critically analyses these developments with a view to finding new constitutional and legislative provisions that facilitate freedom of expression and media freedom within the context of Article 9 of the Africa Charter. While tracing the history of human rights in Africa, the thesis articulates the importance of freedom of expression and consensus democracy in Africa's political and cultural traditions, the early socio-political and ideological history, and its colonial past. Furthermore, the thesis highlights Africa's entrenched political and cultural traditions that promote human rights in general and freedom of expression in particular, although some African communitarian principles might be considered anachronistic and anti-democratic. This research is concerned about the impact of African governments' criminal penalties for defamatory statements and policies restricting the legitimate exercise of the right to freedom of expression. These coercive measures in light of the intolerant culture in African politics are often used to deprive citizens and the media their right to freedom of expression and valuable information which merited legitimate public concern. While we acknowledge that media activities and freedom of expression may be restricted in order to protect reputation, private life, public order, public health, public morality, public safety and national security, as enshrined in Article 27 (2) of the African Charter, the thesis is, however, concerned at the broad reach of several of the restrictive measures that have been enacted by arbitrary governments in which there is a very limited basis of public debate or competitive politics to buttress the freedom of the media. On the attainment of political independence, most of the African states adopted constitutions enshrining bills of rights justiciable by the courts. Despite these bills of rights, many of the African states have been guilty of gargantuan crimes and human rights violations. Despite the ratification of international and regional instruments dealing with the right to freedom of expression and information, African political leaders continue to misapply and misinterpret Article 9 (2) of the ACHPR because of its vagueness and continue to rely on criminal defamation statutes and the like to suppress critical and dissenting views. These broadly phrased prohibitions encouraged by the poor drafting of Article 9 (2) of the Charter, criminalise the legitimate exercise of freedom of expression and have a real “chilling effect” on debate on matters of public interest. The main conclusion of the thesis is that while most recent African constitutional developments offer promises of free expression and democratic accountability, there are persistent problems that need to be addressed as part of the overall democratization process. For example, there is the need to abrogate anachronistic criminal defamation statutes and insult laws in many African countries, put an end to the use of extralegal and coercive measures in the state's relation with the media, as well as a need for opposition political parties' contribution in parliament without government interference. Judicial independence, awareness of international standards on freedom of expression and information, equitable access to government media, journalistic morality and professionalism are other problems highlighted in the thesis.
22
Guy, Robert L. Holsinger M. Paul. "Religious expression in public education." Normal, Ill. Illinois State University, 2001. http://wwwlib.umi.com/cr/ilstu/fullcit?p3006619.
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Thesis (D.A.)--Illinois State University, 2001.Title from title page screen, viewed April 25, 2006. Dissertation Committee: M. Paul Holsinger (chair), Moody Simms, John Freed. Includes bibliographical references (leaves 161-167) and abstract. Also available in print.
23
Case, Erik S. "State Level Causes of Terrorism: Limits on Political Expression." Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc12092/.
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Expanding on prior research into the state level causes of terrorism, I argue that state repression and limited state capacity reduces opportunities for non-violent political expression and increases the utility of terrorism. I also argue that economic freedom can is a form of political expression that can dissipate political grievances. While previous authors analyzed some of these variables separately using data on transnational attacks, I created a complete model incorporating the three categories of variables and tested my hypotheses using data that includes both domestic and transnational attacks. I use regression analysis for hypothesis testing and find support for the three primary contentions of this thesis and conclude that limits on political expression increase the likelihood nations will experienced increased levels of terrorism.
24
Kanakanian, Arminé. "The situation of freedom of expression - Turkey and the European Union." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-2300.
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Abstract
This study will shed light on the meaning of article 301 of the Turkish Penal Code and its
inconformity with fundamental principles of the European Union and fundamental human
rights. The trial of Nobel Prize winner, Mr Orhan Pamuk and the killing of Mr Hrant Dink in
January 2007 have both put focus on the notorious article 301 of the Turkish Penal Code.
The purpose of the study is to answer the main question; In what way does article 301 of the
Turkish Penal Code infringe the freedom of expression outlined in article 10 of the European
Convention on Human Rights and what should the European Union do about it?
The conclusion is that article 301 of the Turkish Penal Code infringes the right to freedom of
expression stated in article 10 of the European Convention on Human Rights. It does
undermine the essence of the right by invoking a wide range of self-censorship, by its
ambiguous language and by the way it is applied. The restrictions are interpreted broadly and
leave nothing but an arbitrary article left to apply for the courts. The European Union holds
the power to influence Turkey and can therefore enforce an abolition of article 301 of the
Turkish Penal Code. Time will tell if Turkey will fully safeguard freedom of expression as it
is stated in article 10 of the European Convention of Human Rights and in the praxis of the
European Court of Human rights and the European Court of Justice.
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Loaiza, Tapia José Sebastián, Falcon Diana Vanessa Ocampo, and Castillo Alfredo Junior Torres. "Freedom of expression on everyone's lips Interview with Dr. Betzabé Marciani." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118623.
Full textAbstract:
The present interview seeks for giving answers to some questions referred to the freedom of speech and some of the emerging challenges of these days. The interviewed give us her informed opinion referred to the reach, the limits and the content for freedom of speech in some particular situations where this freedom is put into challenge, mainly in context of demand of tolerance and cultural diversity.La presente entrevista busca dar respuesta a algunas interrogantes referidas a la libertad de expresión y los desafíos que se le presentan en la actualidad. La entrevistada nos da su autorizada opinión referida a los alcances, los límites y el contenido del derecho a la libertad de expresión en situaciones particulares donde dicho derecho se ve puesto a prueba, principalmente en un contexto de exigencia de tolerancia y respeto a la diversidad cultural.
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Maganyane, Tumelo Arnols. "Promoting learners’ right to freedom of religious expression in public schools." Diss., University of Pretoria, 2021. http://hdl.handle.net/2263/80460.
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The dispute over the place, accommodation and tolerance of religion and religious expression in South African public schools, as well as globally, has been vehement. This is, to some extent, because public schools reflect the multicultural and religious societies in which they are found. In addition to their diverse backgrounds, public schools in South Africa and elsewhere are dominated by Christianity, with most people claiming allegiance to it and, sometimes, discriminating against the other minority religions. This has led to governments developing a plethora of legislation, policies and regulations to redress the dominance, unequal treatment and discrimination of the dominant religion. This study was undertaken to answer the question: “How do public schools promote the learners’ right to freedom of religious expression?”
This interpretive multisite case study explored the experiences of the SGB chairpersons, principals, Life Orientation educators and learners at three public secondary schools in the Bohlabela District of the Mpumalanga province of South Africa. The research used interviews, document analysis and observations to elicit the participants’ views and understandings of how their various schools’ religious observance policies promoted the learners’ right to freedom of religious expression. The findings revealed that most schools have not changed the way they conduct religious observances since the promulgation of the National Policy on Religion and Education of 2003. Moreover, learners still experience religious intolerance and religious discrimination because schools promote single-faith religious observances.Dissertation (MEd)--University of Pretoria 2021.
pt2021
Education Management and Policy Studies
MEd
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Turrina, Michela <1991>. "the human right to freedom of expression in the contemporary world." Master's Degree Thesis, Università Ca' Foscari Venezia, 2016. http://hdl.handle.net/10579/8056.
Full textAbstract:
Durante la sua storia, l’essere umano ha sentito la necessità di dare un valore ai suoi
bisogni, codificandoli in diritti, divenuti poi diritti umani fondamentali. Nel XXI secolo, tali diritti
vengono disapplicati, in virtù di limiti e restrizioni necessarie. Lo scopo di questa analisi è capire
come, attraverso il diritto umano alla libertà di espressione, diritti e restrizioni si siano sviluppati insieme e come sono stati disciplinati. Gli argomenti verranno sviluppati nel seguente modo: inizialmente sarà fornita un’introduzione storica sullo sviluppo dei diritti umani. In seguito, un’analisi della libertà di espressione dal punto di vista dei limiti postile e per concludere ci si focalizzerà sul bilanciamento che le corti internazionali stabiliscono tra libertà e restrizioni.
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Warner, Charles David. "Opinions of Administrators, Faculty, and Students Regarding Academic Freedom and Student Artistic Expression." Diss., Virginia Tech, 1999. http://hdl.handle.net/10919/27553.
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The primary purpose of this study was to compare the opinions of community college administrators, art faculty members, and art students concerning institutional options and policy alternatives for the exhibition of controversial student art work in the community colleges of Maryland. The research questions addressed the concept of academic freedom, the principle of institutional neutrality, and the context of the presentation.
Three community colleges were selected for the study. Data were collected in two stages. Information gathered in the first stage of this project was used to collect data during the second stage. In phase one the researcher went to the three schools and conducted individual interviews to determine the perceived facts surrounding a controversial art incident. The researcher recorded what the participants thought were the issues that contributed to the controversy, what principles they thought were employed in the solution, and reactions to how it was handled. The researcher prepared a brief and objective case study of each incident.
Phase two of this project involved the researcher taking the case studies back to the three sites for group interviews. There were three group interviews conducted at each of the three community colleges. One group was made up of two administrators, another group included two or three arts faculty members, and the third group involved four or more art students. Each group was asked to respond to questions stemming from the research areas of academic freedom, institutional neutrality, and context of the presentation. Each group was asked to comment regarding the issues, the administrative response, and concerns in the three case studies. Each group was asked to chose a policy from a list of three options for covering controversial student art exhibits.
The results show different opinions exist between administrators, art faculty, and art students concerning academic freedom, institutional neutrality, and the exhibition of controversial student art. It is important to note however, the opinions do not divide precisely along administrator, faculty, and student classification lines. Most of the participants selected the policy which provided for group discussion during any controversy over student art. There is a need for educational institutions to become proactive in this area.Ed. D.
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Svernlöv, Oscar. "Media in transition : The cost of increased freedom of expression in Ethiopia." Thesis, Stockholms universitet, JMK, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-183178.
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This thesis aims to portray the professional challenges for journalists in the private Ethiopian media sphere during a time of historical political change. Several liberal reforms have been enacted since the inauguration of Prime Minister Abiy Ahmed in 2018. Journalists have been released from prison, numerous websites have been unblocked and government intervention of independent media actors has declined. However, these changes are not without new challenges. The study uses qualitative, in-depth interviews with several key actors in the private media sector as the method of data collection and numerous findings that describe the new situation for journalists surfaced. While the interviewees commonly perceived an increase in media freedom and decrease in government threats, other challenges remain, and new ones have appeared. The data indicate that there are still considerable difficulties in accessing government information, as well as a significant uncertainty as to whether the transition will occur, as new media laws have yet to be put in place. The most prevalent finding was, however, the distinct and unanimous shift in perceived threats towards journalists. As government intervention has declined, public unrest and intimidations have increased to the point where several of the respondents no longer felt safe reporting from to certain geographical areas in the country. The investigation concludes that there is a need for further research into the often profound impact that political developments have on journalistic practice in sub-Saharan countries, as well as the impact of sudden increases in freedom of expression in countries with a history of heavily censored authoritarian leadership.
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Maheshwari, Malvika. "Violent regulation and artists in India : the transformation of freedom of expression." Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0028.
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L'article 19 de la Constitution indienne garantit à tout citoyen le droit à la liberté d'expression. Cet article fut adopté en 1950 afin de poser les bases d'une démocratie laïque. Néanmoins, son interprétation connut d'importants changements à partir des années 1980 et des années 1990 lorsque les artistes et les œuvres d'art eurent à subir des violences continuelles. Cette thèse examine comment la liberté d'expression des artistes fut diversement interprété et comment elle fut régulé depuis les années 1950. Nous analysons ces évolutions en travaillant sur les rôles qu'on joués les instances de régulations étatiques (comme le Parlement, les tribunaux, l'Académie nationale des Arts). Nous montrons comment l'expression artistique fut l'objet de violences visant à la réguler. Ces violences traduisent un contexte politique changeant marqué par la criminalisation du Congrès et l'essor des tensions communautaires concomitant avec l'essor du Bhartiya Janata Party. Enfin, la présente recherche insiste sur les attaques dont les artistes furent la cible de la part des organisations nationalistes hindoues alors que le contexte politique est marqué par l'apparition de nouveaux médias et une anxiété croissante de voir l'Islam affirmer sa suprématie dont la population à majorité hindoue serait la victime. Ce mode opératoire fut repris par diverses organisations socio-politiques qui, bien que dépourvues de motivations idéologiques, attaquèrent les artistes en considérant que leurs sentiments personnels avaient été heurtés. Par le passé, l'Etat n'envisageait pas de rester neutre dans cette situation. Désormais, non seulement il le demeure, mais il appuie ceux qui répriment la liberté artistique. En décrivant les motivations de ceux qui commettent ces violences ainsi que le climat de peur et d'auto-censure qui règne parmi les artistes, nous démontrons que la régulation violente et désordonnée à laquelle est soumise la liberté artistique contribue à créer un climat de terreur perpétuel. Les libertés artistiques ont été modifiées, non dans le cadre constitutionnel mais en dehors de ce dernierEnshrined in the Article 19 of the Constitution of India, freedom of speech and expression is a fundamental right of every citizen. Adopted in 1950 with the aim of establishing a secular democracy, the trajectory of the Article 19 demonstrates a substantive mutation in the discourse of free speech due to the sustained violence on artists and works of art since the 1980s and early 1990s. The thesis examines the transformation of the meaning and the mechanisms of regulating freedom of expression of artists in India since the 1950s. It explores the complexities informed by the historically specific forms that both the regulatory (laws, judicial directives etc. ) and allocatory (the National Akademies of Art) aspects of state intervention have assumed in India. It also provides a window into the trajectory of violent regulation of artistic expression by examining the political changes through the criminalization of Congress and communal violence under the Bhartiya Janata Party. The work traces the militant Hindu nationalists’ attacks on artists- informed by new media technologies, anxiety of Islam’s supremacy over the ‘victimized’ Hindu majority, representation of women and sexuality, anti-West sentiments etc. Devoid of any ideological motives, gradually various socio-political organizations began emulating this modus operandi of attacking artists by claiming of ‘hurt sentiments. ’ While the institutions of state earlier considered it unaffordable to be neutral in such a conflict, now not only remained neutral but sided with those indulging in coercive suppression of artistic liberties. Tracing individual motivations behind the acts of violence and artists’ widespread admission of fear and self-censorship, the work argues that violent regulation of artistic expression from an unexpected, infrequent interruption of the creative process of everyday life transformed into a ‘continuous reign of terror. ’ The transformation of artistic liberties occurs not within the framework of the Constitution as much as over the very nature of the Constitution
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Byrne, Alex. "The politics of promoting freedom of information and expression in international librarianship." Connect to full text, 2003. http://hdl.handle.net/2123/555.
Full textAbstract:
Thesis (Ph. D.)--University of Sydney, 2004.Title from title screen (viewed 8 May 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Economics and Business. Degree awarded 2004; thesis submitted 2003. Includes bibliographical references. Also available in print form.
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Case, Erik S. Sahliyeh Emile F. "State level causes of terrorism limits on political expression /." [Denton, Tex.] : University of North Texas, 2009. http://digital.library.unt.edu/ark:/67531/metadc12092.
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Lowe, James Joseph Greaves. "Freedom of artistic expression under Article 10 of the European Convention on Human Rights." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23442.
Full textAbstract:
Under the auspices of Article 10 of the European Convention on Human Rights the right to freedom of expression is said to be held by everyone and to include the freedom to hold opinions and to receive and impart information and ideas without interference by public authority, subject to the limitation clauses outlined in Article 10(2). Whilst the text of Article 10 therefore makes no explicit reference to specifically artistic expression, the European Court of Human Rights has, in its interpretation of ‘information and ideas’, nevertheless accepted that artistic expression does indeed fall within the ambit of Article 10’s protection of freedom of expression. However, despite the Court recognising artistic expression as a form of expression within the framework of Article 10, conclusions reached in the early case law concerning the issue of controversial artworks would appear to suggest the judicial creation of an implicit hierarchy of expression under which artistic expression is seen to enjoy a relatively low level of protection. Given the non-differentiated articulation of the right to freedom of expression enounced in the text of Article 10, the creation of such a hierarchy of expression is therefore a cause for doctrinal concern. In seeking to assess this misnomer the thesis’ analysis of the treatment of artistic expression under Article 10 of the European Convention on Human Rights may be distilled in to two component parts. Firstly, a theoretical basis will be established from which artistic expression may be located within the context of the discourse pertaining to freedom of expression more generally. Having confirmed that, whilst of a distinctive, sui generis nature, artistic expression may indeed constitute ‘expression’ for the purposes of freedom of expression doctrine the second part of the thesis will examine the particular question of artistic expression’s treatment under Article 10 of the European Convention on Human Rights.
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Vinberg, Aline. "Yttrandefrihet- till vilket pris som helst? : En studie om yttrandefrihet och dess gränsdragning." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-306915.
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The aim of this study is to research freedom of expression and its content and value. The focus has been to find answers to where freedom of expression has its limits, if it has any. This study has three aims: to research what freedom of expression means; to research the arguments for it; and to research if there are any limits to freedom of expression. Due to the aim of understanding the limits for freedom of expression, two questions regarding whether freedom of expression shall be restricted by prohibiting racist organisations and hate speech are being answered. Political philosophers Ronald Dworkin, Elena Namli, Thomas Scanlon, and Jeremy Waldron’s theories on the limits of freedom of expression are analyzed through the eyes of the theorists John Stuart Mill and Isaiah Berlin. My conclusion from the research is that freedom of expression should not be limited by forbidding racist organisations, but instead that it shall be limited by prohibiting hate speech.
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Delin, Louise. "Hyperlinks to Illegal Content and Balancing Copyright Law and the Freedom of Expression." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353696.
Full textAbstract:
During the recent years the Digital World has grown rapidly with the changing technology reality. The Digital World has been a great development for the World’s society for individuals to connect with each other both on a business level and on a private level. New technologies have been created in order to access Internet all over the World which have created new job opportunities for people around the globe. There are many advantages with the development of the Digital World which will continue to flourish with the ongoing development of the Internet. However, as the Digital World increase everyday with new developed technology the European Framework of Copyright Law face difficulties to adapt to the new changes. This thesis will therefore focus on the communication to the public in relation to hyperlinks in the Digital World which have created problems for legislators around Europe to rule on different matters. This problem also influences the human right to express oneself and to receive information in the Digital World. Thus, the purpose is to find better ways for the European Framework to adapt to the increasing Digital World in relation to hyperlinks as well as balancing copyright law and the freedom of expression and the right to receive information.
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Glaviano, Breeanne Nicole. "Ambush Marketing in Mega-Sporting Events: Drawing the Line with Freedom of Expression." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297615.
Full textAbstract:
International sporting mega-events such as the Olympic Games, are constantly in a behind the scenes and public all out commercial war. This war is a combat between event organizers and ambush marketers who engage in ambush marketing tactics. These marketing strategies can be found from big corporate companies to tiny local shops but almost always end in legal action. While this battle is very real it often goes unnoticed by the public and many fans. This war is fought during most sports mega-events in order to protect the highly lucrative commercial rights of an event's sponsor. This paper will focus on defining ambush marketing within the realm of mega-sporting events, namely focusing on the Olympics. The paper will further explain the legal resources available to event promoters and official sponsors. Lastly, this paper will discuss the violation of freedom of expression in relation to ambush marketing.
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Reynolds, Graham John. "Towards reconsideration of the intersection of the charter right to freedom of expression and copyright in Canada." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:b27a9d3a-c0b7-497e-a8ad-29b861b78b32.
Full textAbstract:
This thesis explores the intersection of freedom of expression (as protected in the Canadian Charter of Rights and Freedoms (Charter)) and copyright in Canada. In this thesis, I argue that both lower Canadian courts and the Supreme Court of Canada (SCC) should reconsider their approaches to this intersection. Lower Canadian courts have consistently rejected arguments that provisions of Canada's Copyright Act unjustifiably infringe the Charter right to freedom of expression. The SCC, on the other hand, has consistently interpreted provisions of the Copyright Act in such a manner as to result in expanded protection for the expression interests of non-copyright owning parties. It has done so not by relying explicitly on the Charter right to freedom of expression, but through a process of statutory interpretation. I argue that both approaches merit reconsideration. Specifically, I argue that the approaches adopted by lower Canadian courts to the intersection of the Charter right to freedom of expression and copyright are based on now-invalidated approaches to both copyright and to freedom of expression, and are thus themselves invalid; that to the extent to which the SCC's approach to this intersection assumes that the Charter right to freedom of expression can be protected, in the context of copyright, through statutory interpretation alone, that it fails to adequately protect the Charter right to freedom of expression; that other leading national courts from which the SCC has previously sought assistance have explicitly engaged with this intersection, and that the SCC should follow suit; and that the SCC's own copyright and freedom of expression jurisprudence suggests that provisions of the Copyright Act may unjustifiably infringe the Charter right to freedom of expression. These four arguments, taken together, suggest that the time is ripe for reconsideration of this intersection.
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Groh, Sabine. "Die Bonusregelungen des 26 Abs. 2 S. 3 des Rundfunkstaatsvertrages /." Frankfurt am Main [u.a.] : Lang, 2005. http://www.gbv.de/dms/sbb-berlin/497944030.pdf.
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Harrison, Nicholas. "Circles of censorship : La Censure and its metaphors in history, psychoanalysis and literary culture." Thesis, University of Cambridge, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.307985.
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Abd, Jalil Juriah. "Legal aspects of television broadcasting in Malaysia and the challenge of new media technologies." Thesis, University of Exeter, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341185.
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Novak, Marja. "The change from a socialist to a market-led media system in Slovenia." Thesis, University of Westminster, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.480621.
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Tabbara, Tarik. "Electronic mass media and freedom of expression in Germany, the United States and Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29842.pdf.
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Tabbara, Tarik. "Electronic mass media and freedom of expression in Germany, the United States and Canada." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27467.
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This thesis examines the constitutional guarantee of freedom of expression as applied to electronic mass media. It compares the different approaches adopted in Germany, the United States and Canada. After an overview of freedom of expression doctrine in general and the main features of the regulation of electronic mass media the rationalization of this regulation in freedom of expression doctrine is analyzed.The focus of this analysis is how electronic mass media have changed the traditional understanding of fundamental rights and freedoms as purely negative individual guarantees. This change occasions and necessitates a closer look at governmental regulation and the role of the state, and the different conceptions of freedom of expression that can be used to justify it.
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Morusoi, Eric Kibet. "The right to freedom of expression and its role in political transformation in Kenya." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/60070.
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Enacted after a protracted review process characterised by many false starts, tensions and at times violence, the Constitution of Kenya 2010 envisions a radical break from a politically repressive past. It envisages extensive political transformation; a momentous shift in the political configuration of the polity in terms of its governance structures and the equilibrium of power among its institutions. It also entails a change in the normative arrangements, culture, attitudes and practices that surround politics and the exercise of public power. Crucially, as part of the transformation project, the Constitution has made a resolute commitment to fundamental rights and freedoms. Key among these is the right to freedom of expression.
Freedom of expression enjoys protection in democratic constitutions around the world and in international law, albeit in different formulations. The right has repeatedly received affirmation in apex courts, including in Kenya, as the ?bedrock of democratic governance,? and similar praises. Except for jitters raised by the recent enactment of a plethora of expression-restricting laws and increased controversial prosecutions, there has been a general assumption that the protection of the right in Kenya is solid. This study aims, in part, at evaluating and deconstructing that assumption. In particular, the thesis answers the following research questions: (a) what is the nature and scope of the right to freedom of expression and its limitations in Kenya? (b) what are the transformative goals of Kenya?s 2010 Constitution? (c) what is the role of the right to freedom of expression in Kenya?s project of transformation?, and (d) do the limitations of freedom of expression under Kenyan law meet the standards of the 2010 Constitution?
The thesis concludes that the transformation envisaged in the Constitution cannot be complete without fundamental changes in the law, practice and attitudes that surround freedom of expression. This is because, as the thesis shows, freedom of expression has the role of legitimating, facilitating, and defending the envisioned change. While the Constitution has created a framework with the potential to support transformation, freedom of expression restrictions contained in statutes, English common law and judicial precedents undercut the protection of the right. In other words, while some of these restrictions serve legitimate purposes, the constitutional validity of others is suspect. This situation, in turn, undermines the transformative aspirations of the 2010 Constitution.Thesis (LLD)--University of Pretoria, 2016.
Centre for Human Rights
LLD
Unrestricted
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Barison, Laura <1997>. "Hate speech in international law: searching for the complex balance with freedom of expression." Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/21309.
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L’elaborato si propone di analizzare il concetto di Hate Speech (Discorso d’odio) dal punto di vista giuridico, nello specifico nel diritto internazionale, e la sua punibilità. Nonostante non esista una definizione condivisa del concetto di Hate Speech, il termine si usa generalmente in riferimento all’insieme delle forme di espressione che diffondono, incitano o giustificano forme di odio e ostilità basate sull’intolleranza e la discriminazione. L’analisi parte da un approfondimento degli strumenti di diritto internazionale che ad oggi permettono di limitare o punire alcune forme specifiche di espressione, basandosi sulle convenzioni internazionali e sulla case law dei principali attori regionali. Nel secondo capitolo, l’analisi si concentra sulle principali aree critiche relative alla punibilità dei casi di Hate Speech, ovvero il contrasto con il diritto alla libertà di espressione, il problema dell’Hate Speech online e i principali bias individuabili nell’applicazione delle norme correnti. In ultimo, il terzo capitolo analizza tre casi concreti di norme o approcci nazionali al problema.
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Ismail, Nawang Nazli. "Political blogs and freedom of expression : a comparative study of Malaysia and the United Kingdom." Thesis, University of Edinburgh, 2015. http://hdl.handle.net/1842/10658.
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The study is undertaken on the premise that the technological advancement of blogs has not only accorded a novel platform for communication, but has also democratised the right to exercise political expression in Malaysia. Blogs have on numerous occasions outpaced restrictive laws that were enacted to curtail the exercise of this fundamental right and have caused great challenges in applying the existing specific media laws to online content in the blogosphere. The main purpose of the study is to resolve the legal uncertainties faced by bloggers in disseminating political speech under the existing laws of the country and to analyse the legal position in the United Kingdom as a comparative model or reference to the issue. In so doing, the study examines the general principles and restrictive laws to freedom of expression and the application of these rules to political blogs, scrutinises the statutory rules and regulations that are currently being employed to govern the traditional media and the Internet as well as other relevant general legislation, in particular the law of defamation, that has been commonly employed to regulate blog entries and comments by readers in both countries. The study concludes that although offline and online content should not be treated differently and certain regulatory controls are undoubtedly necessary to prevent misuse of political blogs by unscrupulous persons, any legal measures to be adopted by the Malaysian government to govern political blogs should take into account the rapid development of various forms of Internet based communications and be proportionate in light of current needs and the local circumstances of the society.
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Reynolds, Amy. "Emancipation and expression : how abolitionists helped define free speech in the early nineteenth century /." Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.
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Andersson, Erik. "Political Rights for Refugees in Uganda - A Balance Between Stability in the State and Respect for Human Rights." Thesis, Umeå universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-88167.
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Hellström, Joanna. "Where the Red Line is Drawn : A Study on Self-censorship in Ugandan Media." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-306636.
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Coercion and repressive legislation are widely recognised measures employed by hybrid regimes as a way of stifling the media. This thesis illustrates the long shadow cast by these measures by examining the impact of transgressions on self-censorship among Ugandan journalists, and how these are weighed against their notion of professionalism. Self- censorship is experienced as an unwanted, but vital practice that moves in tandem with the level of political tension, being an extraordinary rather than general measure. The study was conducted in the summer of 2016, founded by a Minor Field Study scholarship from the Swedish International Development Cooperation Agency (SIDA).
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Wotoch, Beata. "Hate Speech – Freedom of Expression orDiscrimination? : Views of the Japanese University Students and theGovernmental Stance." Thesis, Stockholms universitet, Avdelningen för japanska, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-131875.
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