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Journal articles on the topic 'Freedom of speech – Law and legislation'
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1
Ivanova, Xenia A., and Alexander A. Stepanov. "Restrictions of the freedom of speech in France in the digital technologies era." Law Enforcement Review 3, no. 1 (April 26, 2019): 15–23. http://dx.doi.org/10.24147/2542-1514.2019.3(1).15-23.
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The subject. The article reveals an understanding of the freedom of speech in French law The purpose of the article is to identify the contents of freedom of speech in the French law and to determine the boundaries of its implementation in the Internet as well as to confirm or refute the hypothesis that both the freedom of speech and the definition of the boundaries of that freedom meets the purposes of protection of human rights. The description of methodology. General scientific methods ‐ analysis, synthesis, induction, deduction, comparison ‐ were used. The authors also use the formal legal interpretation of French judicial decisions and content‐analysis of press.The main results and scope of their application. Freedom of speech is one of the foundations of French society, but it has become necessary to revise a number of rules governing freedom of speech and imposing restrictions due to widespread using of Internet in people’s life. So exceptions from freedom of speech are embedded in national legislation, despite the fact that the basis for the legal regulation of freedom of the media in a democratic society is to ensure non‐interference of the state in the content of production and dissemination of information. In some countries exceptions to freedom of speech are expressed primarily in the form of rules aimed at preventing abuses of freedom of the mass media and serving as a basis for sanctions against media editorial boards. The authors also cite actual examples of the realization of the freedom of speech in France, and draw conclusions about the possibilities for the development of this right. The proposed analysis may be used as a basis for improvement national legislation concerning limitations of freedom of speech.Conclusions. Freedom of speech and freedom of the media are not absolute in France. In order to fulfil its function of protecting and guaranteeing rights and freedoms, the state must pay equal attention both to ensuring freedom of speech (including the independence of the press, access to information) and to defining the limits of this freedom in order to prevent its unlawful abuse. Any freedom turns into chaos without proper boundaries.
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Bojanowski, Tomasz. "Wybrane prawnokarne aspekty mowy nienawiści w kontekście standardów ochrony wolności słowa." Prawo w Działaniu 47 (2021): 168–86. http://dx.doi.org/10.32041/pwd.4710.
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The article discusses criminal law aspects of hate speech in the context of standards of protection of freedom of speech on the example of the Republic of Poland. The aim of the article is to indicate the need for amendments in Polish criminal law in the field of hate speech in order to adapt the whole legislation to international standards of freedom of speech. The problem of the interaction between hate speech and freedom of speech is a sensitive and politically charged topic. Therefore, it should be examined in an interdisciplinary manner. The article first presents the sociological and social background of hate speech and an attempt to arrive at a universal definition of hate speech. Next, international and national standards of freedom of speech are described. The key point of the article is an analysis of the current criminal legislation on hate speech from the perspective of the standards of speech. In order to adapt the Polish Penal Code, two amendments are proposed concerning Articles 196 and 212 of the Penal Code, which, according to the author, are necessary to ensure proper use of the right of freedom of speech guaranteed by the European Convention on Human and the Polish Constitution.
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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DI ROSA, ALESSANDRO. "PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW." Age of Human Rights Journal, no. 12 (June 13, 2019): 105–32. http://dx.doi.org/10.17561/tahrj.n12.6.
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The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-domination and an illocutionary understanding of speech acts. Finally, the work aims to critically sift through the application of the theory of performativity to the legal definitions that hate speech has acquired within this context.
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Gaïni, Sigri. "Universities and other Institutions – not Hate Speech Laws – are a threat to Freedom of Political Speech." Etikk i praksis - Nordic Journal of Applied Ethics, no. 1 (June 23, 2022): 5–19. http://dx.doi.org/10.5324/eip.v16i1.4826.
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One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws. Keywords: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA
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Iftikar, Jon S., David Hòa Khoa Nguyn, and Tevin Byers. "6 The Attack on Critical Race Theory and Higher Education: A Legal Analysis of the Impact of State Action on Faculty Free Speech." Philosophy and Theory in Higher Education 4, no. 3 (January 1, 2022): 105–23. http://dx.doi.org/10.3726/ptihe.032022.0007.
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Abstract: In this article, the authors review proposed and passed state legislation that aim to ban Critical Race Theory and other social justice content from public higher education institutions. Using the law as the theoretical framework and legal analysis as the methodology, the authors examine these state actions, focusing on implications for higher education faculty speech and academic freedom. The authors discuss the history and current state of the law in the areas of free speech and academic freedom, including U.S. Supreme Court and other federal courts of appeal cases on how free speech in scholarship and teaching have been viewed. They also briefly discuss the legislation that states have proposed or passed which ban Critical Race Theory in higher education institutions, and end by discussing the implications such bans have on faculty free speech in scholarship and teaching. Overall, the authors detail the ways that these laws have a chilling and limiting effect on faculty speech, which in turn, have important consequences for students, institutions, and society as well.
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Din, Malik Zia ud, Awais H. Gillani, and Gulala Pirzada. "PRIVATE SOCIAL MEDIA COMPANIES, GOVERNMENTS AND GLOBAL POPULATION: CHALLENGES AND PROSPECTS FOR THE IMPLEMENTATION OF HUMAN RIGHTS REGULATIONS." Pakistan Journal of Social Research 03, no. 03 (September 30, 2021): 544–56. http://dx.doi.org/10.52567/pjsr.v3i3.401.
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Private social media corporations control speech much more stringently than any government, yet their platforms are being exploited to do serious damage to human rights. These media companies are governed mainly by themselves in top secrecy. Human rights' proponents have recommended media businesses should abide by international human rights legislation to address this. ICCPR statutes are the most well-known set of regulations for regulating speech globally. ICCPR Articles 19 and 20 might strengthen rules while allowing for more openness and supervision as a representative of billions of social media users. According to these articles, the legislation must first be construed to establish how (and if) each of its provisions act(s) suits the new aims. The law, for example, stipulates that speech may be limited to protect national security, which is one of only five legitimate justifications for speech restrictions. Governments that follow international law can make judgments based on this, but private media firms cannot because national security is not in their domain. This study analyzes and explains the main significant articles and laws related to human rights for consideration by social media corporations - ICCPR Articles 19 and 20, which cover freedom of speech – right of information to fill in some gaps. Keywords: Social media, Freedom of speech, information, media corporations, Human rights law, ICCPR, Articles 19 and 20.
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Kivistik, Olja, and Marju Luts-Sootak. "Limitation of Freedom of Speech and of the Press by Penal Law in the Final Decades of the Russian Empire." Juridica International 27 (September 30, 2018): 41–52. http://dx.doi.org/10.12697/ji.2018.27.04.
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In the 21st century, it is inappropriate to have to ask whether criticising a political regime or exercising freedom of speech could lead to criminal charges and criminal punishment. In contrast, a hundred years ago the restriction of people’s freedom of speech, especially in relation to political matters, was quite extensive, both in autocratic Russia and elsewhere. The article addresses the legal situation in the Estonian territory of the Russian Empire until 1918, when insubordination to state authority and inciting mutiny were punishable by law. On 17 April 1905, the so-called Freedom Manifesto gave people freedom of speech, and the Fundamental Laws of the Russian Empire entered into force one year later, wherein fundamental rights were enumerated, among them the right to express one’s convictions, both orally and in writing. At the same time, however, restrictions continued to apply to the fundamental rights declared, which at times were very strict in the tsarist state and rendered the space for exercise of those rights extremely narrow. The article provides an overview of the penal legislation that was applicable within the Estonian territory at the dawn of the 20th century, which set boundaries to freedom of speech and of the press. Considered separately is the case law of the Tallinn Circuit Court pertaining to charges of instigation of mutiny, with the aim of showing how these provisions were applied in judicial practice and the context in which the state restricted people’s fundamental rights. In the Tallinn Circuit Court, it was primarily newspaper editors who were charged with incitement to mutiny, because they allowed the publishing of various calls to action in relation to workers’ movement propaganda and demands for better conditions and rights for workers. At the beginning of the 20th century, class warfare was considered a crime against the state, and the case law demonstrates how the constitutional freedoms of speech and the press were restricted via strict penal-law measures.
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Smirnova, M. S. "Anti-Extremist Legislation in the System of Protection of Constitutional Human Rights: The Problem of Integration." Juridical science and practice 17, no. 1 (May 24, 2021): 39–44. http://dx.doi.org/10.25205/2542-0410-2021-17-1-39-44.
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The article examines the problems associated with the integration of legislation on countering extremism in the system of human rights protection in Russia. The process of formation of the modern paradigm of the development of anti-extremist legislation is investigated. The established restrictions on some constitutional rights and freedoms of man and citizen are due to the adoption of the necessary measures to counter extremist activities by the state. First of all, this concerns such freedoms as freedom of speech, association, religion, and the activities of the media. The activities of law enforcement agencies aimed at countering extremism, in a number of cases, go beyond the framework of constitutional norms, and itself turns into a source of human rights violations.
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Newman, Christopher J. "Allowing Free Speech and Prohibiting Persecution—A Contemporary Sophie's Choice." Journal of Criminal Law 70, no. 4 (August 2006): 329–50. http://dx.doi.org/10.1350/jcla.70.4.329.
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This article considers the approach of three distinct common law jurisdictions to the problems faced by courts when an individual's right to freedom of expression is invoked as a defence to a low-level public order offence. The contrasting approach of courts in England, Australia and the USA will be examined in order to ascertain whether there is a simple balancing act to be made on a case-by-case basis or whether an optimal model of public order legislation can be established to provide some certainty when rights to freedom of expression collide with the wider rights of the community.
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Kołodziejski, Konrad. "Na autorytarnym kursie." Politeja 18, no. 6(75) (December 16, 2021): 199–217. http://dx.doi.org/10.12797/politeja.18.2021.75.10.
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An Authoritarian Course: The Restriction of Civil Rights in Russia after 2012 This article regards the issue of Russian civil rights legislation, which has become very repressive after 2012. It focuses on legal restriction of all political and social activities that are beyond the control of the authorities, in particular the freedom of public meetings. Another goal of the Kremlin's repressive policy is the Internet, which has become the only space for freedom of speech in Russia. The new legislation tries to prevent this by two mechanisms: censorship and self-censorship. The consistent restriction of freedom of speech in Russia proves the growing anxiety of the ruling group, which fears that in the conditions of the deteriorating economic situation, it may lose control over public mood. The analysis of the legislation against civil rights in Russia shows that in recent years the scope of these rights has been constantly reduced. This leads to the conclusion that the main goal of the discussed changes in the law is the complete elimination of independent civic activity perceived as one of the main threats to the authorities.
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Tzu Wei Luk, Bryan, and Derek Chun Pong Cheung. "Fake News Legislation in Hong Kong: The Limitations of Current Laws to Counter the Fake News Wildfire." Athens Journal of Law 9, no. 1 (December 29, 2022): 117–38. http://dx.doi.org/10.30958/ajl.9-1-6.
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Hong Kong government is planning to legislate a new law that can fight against digital wildfire fake news. Hong Kong has faced two waves of fake news digital wildfires in the past few years: The 2019 social unrests in Hong Kong and the 2020 COVID-19 pandemic. The city has witnessed how fake news can undermine social trust and social cohesion, causing large-scale damage to both societies and governments. Fake news brings substantial damage to society due to the erosion of the credibility of governments, rule of law, and the democratic system’s human security. The government’s announcement of legislation has received criticisms and objections. One of the main objections is that the current laws are sufficient to combat against fake news, hence new legislation is not necessary. Yet, our study shows the contrary. We studied laws that have been used by the prosecution to deal with publication and speech related public-order crimes, which are within the Hong Kong National Security Law, the old common law offence Outraging Public Decency, and Crime Ordinance. The study results show that those laws are either outdated or applicable to deal with current fake news problem. Therefore, we argue that a contemporary fake news legislation is indeed needed, but the government should study thoroughly about how the new law can strike an equilibrium between civilian’s freedom and public safety. Keywords: Fake news; Public-order crimes; Criminal liability; False information; Freedom of speech.
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Łukowiak, Dominik. "Między wolnością słowa a zasadą równości biernego prawa wyborczego. Ramy prawne systemu finansowania kampanii wyborczych w świetle I poprawki do Konstytucji USA." Studia Iuridica 72 (April 17, 2018): 207–19. http://dx.doi.org/10.5604/01.3001.0011.7599.
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The article is a paper presented during the Poland-wide academic conference The U.S. Constitution – theory and practice. The basis for reflections constitutes an issue of the constitutionality of the federal legislation establishing restrictions on the money’s influence on financing election campaigns. The paper focuses on an analysis of the U.S. Supreme Court’s case law related to the range of an acceptable interference of such regulations in the freedom of speech and political expression clause of the First Amendment to the Constitution. The author discusses selected statements contained in the rulings made in cases, from which as the most crucial he regards: Buckley v. Valeo (1976), McConnell v. Federal Election Commission (2003) and Citizens United v. Federal Election Commission (2010). In the conclusion of the article an opinion is presented that the U.S. Supreme Court judicature, co-creating with the federal legislation the campaign finance law, is an unique attempt at balancing the two values fundamental to the democratic election process, which are freedom of speech and the principle of equal opportunities for political competitors.
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FASTERLING, Björn, and David LEWIS. "Leaks, legislation and freedom of speech: How can the law effectively promote public-interest whistleblowing?" International Labour Review 153, no. 1 (March 2014): 71–92. http://dx.doi.org/10.1111/j.1564-913x.2014.00197.x.
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McCulloch, Jude, and Joo-Cheong Tham. "Secret State, Transparent Subject: The Australian Security Intelligence Organisation in the Age of Terror." Australian & New Zealand Journal of Criminology 38, no. 3 (December 2005): 400–415. http://dx.doi.org/10.1375/acri.38.3.400.
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This article describes the secrecy provisions embodied in the Australian Security Intelligence Organisation Legislation Amendment Act 2003 (Cwlth). The article explains how these provisions curb freedom of speech and remove ASIO's activities from the domain of public scrutiny. It argues that by effectively criminalising open discussion of ASIO's activities the provisions insulate much of the domestic ‘war on terror’ from the public gaze. It also argues that the provisions implicitly sanction lawlessness by ASIO in open breach of the rule of law. By undermining free speech and the rule of law, this legislation increases the risk of torture of persons detained by ASIO. The legislation also exacerbates the punitiveness of such detention. Moreover, the secrecy offences will distort Australian politics by enabling the government to control and manipulate ‘security’ information. The article concludes that the increase in state secrecy and its impact are part of a continuing shift in the relative distribution of power between state and subject in liberal democracies; a shift that signals a move to more repressive or authoritarian forms of rule.
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Turner, Ian. "Limits to Terror Speech in the UK and USA: Balancing Freedom of Expression with National Security." Amicus Curiae 1, no. 2 (March 2, 2020): 201–32. http://dx.doi.org/10.14296/ac.v1i2.5130.
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Article 10(1) of the European Convention on Human Rights, freedom of expression, is incorporated into UK law. With the growing Islamist terror threat after 9/11, particularly threatening European security, the Council of Europe introduced the Convention on the Prevention of Terrorism (CPT) 2005. One of the Articles within the Convention, Article 5, obliges states to outlaw ‘public provocation to commit a terrorist offence’. Drawing on its obligations in the CPT, the UK enacted section 1 of the Terrorism Act 2006: ‘encouragement of terrorism’. But, in implementing its duties, the UK went further. There are very real concerns, therefore, about the effects of this legislation on freedom of expression. The test for interpreting breaches of Article 10 is ‘proportionality’. Comparatively, in America there is a much stronger test than proportionality, ‘strict scrutiny’, in assessing limits to terror speech. However, in the age of Islamism, together with the speed, ease and little cost incurred in sharing terror speech online, should there not be a reappraisal of American law? The author is based in the UK. But the UK’s approach to limiting terror speech is arguably too intrusive of freedom of expression. This paper, therefore, proposes a compromise approach between the two jurisdictions.
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Tereshko, K. Y. "DEFAMATION IN THE FIELD OF HEALTH CARE: COLLEGIALITY OF DOCTORS VS. CRITICAL ASSESSMENT OF DOCTORS' ACTIVITIES." Medicne pravo, no. 2(28) (October 7, 2021): 80–85. http://dx.doi.org/10.25040/medicallaw2021.02.080.
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From the scientific point of view, the issue of defamation is poorly researched and not properly regulated at the legislative level. This this issue is even more crucial if talking about defamation in the field of health care.
Defamation is the dissemination of unreliable information about a person, which degrades their honor and dignity, damages business reputation. Defamation is synonymous with the notion “humiliation of honor, dignity and business reputation”. In general, Ukrainian legislation does not use the term defamation, however, as a laconic meaningful word of foreign origin, it is actively used in practice and in the legislation of some other countries.
It should be noted that the unreliability (falsity) of the information disseminated together with the conclusion that it defames a person; are the integral part of the definition of responsibility for defamation. Otherwise, if the disseminated information does not defame the person, although it does not correspond to reality, there would be no defamatory tort.
Defamation is the legal institution through which civil law strikes a balance and implements the above-mentioned conflict between the constitutional right to refute unreliable information, i.e. the judicial protection of honor, dignity and business reputation, on the one hand; and, on the other, constitutional law to the freedom of thought and speech, freedom of the media.
Therefore, it is expedient to form a “defamatory balance” between the collegiality of physicians and a critical assessment of their conduct, which can be achieved by the prevailing right to freedom of expression to protect the lives and health of patients, action in the public interest, based on the case law of the European Court of Human Rights.
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Arena, Valentina. "Between Rhetoric, Social Norms, and Law: Liberty of Speech in Republican Rome." Polis: The Journal for Ancient Greek and Roman Political Thought 37, no. 1 (January 17, 2020): 72–94. http://dx.doi.org/10.1163/20512996-12340258.
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Abstract Although modern Republicanism, which highly values the right of freedom of speech, finds its inspiration in the historical reality of the Roman Republic, it seems that in the course of the Republican period citizens shared a recognised ability to speak freely in public, but did not enjoy equal status with one another in the domain of speech as protected by law. Of course, Republican Rome knew laws regulating free speech and perhaps even later provisions had been passed concerning iniuria. However, in these cases, as later on under Augustus, these measures acted as means of restraint and inhibition and did not directly address the right of the individual to speak freely. The fundamental question this paper addresses is why, in the course of the Republic, the right to speak freely was not protected by law and never came to be recognised as a formalised subjective right in Republican Rome. The answer, I argue, lies in the fact that in Rome speaking freely was conceived as the positive moral quality that characterised a natural ability of human beings, and thereby it could not have provided a field of legislation. It follows that the Roman Republic would not have passed the ‘straight talk test’ that modern Republicanism requires for the establishment of a free and just society. However, Republican Rome invites us to think about liberty of speech as belonging to the realm of ethics: as a moral quality sustained by contemporary social norms, not subject to legislation, which inevitably ends up protecting the interests of a group or groups and their specific speech regimes.
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Minifee, Paul. "Rhetoric of Doom and Redemption: Reverend Jermain Loguen's Jeremiadic Speech Against the Fugitive Slave Law of 1850." Journal for the History of Rhetoric 16, no. 1 (January 1, 2013): 29–57. http://dx.doi.org/10.5325/jhistrhetoric.16.1.0029.
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ABSTRACT In his monumental speech protesting the Fugitive Slave Law of 1850, Rev. Jermain W. Loguen urges his fellow townsmen of Syracuse, NY, an “open city” to fugitives, to defy the new federal legislation by protecting the city's fugitives from federal marshals en route to apprehend them. My analysis of Loguen's speech examines his use of American and African American jeremiadic strategies to convince his audience of primarily white Christian abolitionists that their unified resistance against the new law was part of God's providential plan to redeem the nation of the sin of slavery. My study also reveals how Loguen's appeals to manhood, through associating divine punishment with the emasculation of American men, as well as his establishment of “identification” around shared religious and political values, proved effective in rallying Syracuse's citizens to defend their God-given freedom.
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Ng Yan Chao, Ivan. "“Asian Values” in Different Forms: A Comparative Examination of How Singapore, Indonesia and Myanmar Address Insults to Religion." Religion & Human Rights 15, no. 3 (January 12, 2021): 207–40. http://dx.doi.org/10.1163/18710328-bja10013.
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Abstract Insults to religion have the potential to stoke tensions and result in physical violence. To protect religious sensitivities, speech which insults religion may be criminalised, even in countries where freedom of speech is enshrined as a constitutional right. The purpose of this article is to look at the role played by the state in dealing with speech which insults religion, through an examination of three Southeast Asian case studies. This article attempts to provide a comparison of the constitutional provisions and specific legislation relating to the insulting of religion in the three countries, as well as consider how the laws have worked in practice. It finds that while the ‘law on the books’ across the three countries may have broad similarities in the way they are drafted, they differ vastly in the ways they are applied and enforced, due to differences in the state-religion relationship, religious demographics and the influence of religious nationalism. At the same time, despite the social, political and cultural heterogeneity of the three countries, the prioritisation of communitarian interests in the three countries over the freedom of speech suggests the continued salience of “Asian values” in Southeast Asia.
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Ивлиев, П. В. "THE MECHANISM OF LEGAL REGULATION OF MEDIA ACTIVITY IN MODERN RUSSIA: COMPARATIVE ANALYSIS." Теория государства и права, no. 4(25) (January 18, 2022): 144–55. http://dx.doi.org/10.47905/matgip.2021.25.4.012.
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В данном исследовании рассматриваются некоторые аспекты регулирования деятельности отечественных средств массовой информации. Проводится анализ норм российского законодательства, начиная с общих положений основного закона государства, федерального законодательства в области свободы печати и слова, норм административного, гражданского и уголовного права в сфере организации и функционирования указанных юридических лиц. Кроме того, автором рассматриваются органы и учреждения, уполномоченные регулировать отдельные вопросы деятельности СМИ. This study examines some aspects of the regulation of the activities of domestic media. The article analyzes the norms of domestic legislation, starting with the general provisions of the main law of the state, federal legislation in the field of freedom of the press and speech, norms of administrative, civil and criminal law in the field of organization and functioning of these legal entities. In addition, the author examines the bodies and institutions authorized to regulate certain issues of the media.
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Teršek, Andraž. "Common and Comprehensive European Definition of Hate-Speech Alternative Proposal." Open Political Science 3, no. 1 (January 1, 2020): 213–19. http://dx.doi.org/10.1515/openps-2020-0019.
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AbstractEurope needs to define the term and legal (criminal & constitutional) concept of “hate speech” precisely. The definition must be written in legal literature and in legislation. It must also be offered by the European Constitutional Courts and, last but not least, by the ECtHR. A descriptive definition offered inter alia by the ECtHR judgement in case of Vejdeland vs. Sweden (2012) was only a guidance. The new ECtHR judgement in the case of Carl Jóhann Lilliendahl vs. Iceland (11th of June 2020) addressed “homophobic speech” as “hate speech” directly. By combining the ECtHR case-law on freedom of expression in the last five years with understanding of this concept in the Slovenian Criminal Code (and with only subordinated reference to the understanding of this term by the European Commission) the author offers an alternative proposal for a new, common and comprehensive European definition of “hate speech.”
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Fliter, I. S. "The realization of the right to freedom of speech on the Internet." Digital Law Journal 2, no. 3 (November 3, 2021): 55–70. http://dx.doi.org/10.38044/2686-9136-2021-2-3-55-70.
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The expression of opinions on the Internet has a number of features in comparison with traditional means of information dissemination. Firstly, imposition of classical measures of legal liability can be difficult due to the peculiarities of cyber space: anonymity and erasure of jurisdictional boundaries. In this regard, a new mechanism of restrictions has appeared, which consists in the withdrawal of information that violates the law or the rights of other citizens from the Internet at the direction of state bodies. The trends in this area are the predominance of the administrative procedure for making decisions on the withdrawal of information from public access, and the use of vague and evaluative terms as grounds for restrictions. Secondly, in most cases, in the process of realizing freedom of speech, intermediaries are involved — companies that provide a public forum for millions of users. The activities of these companies are also associated with new mechanisms for restricting freedom of speech: from blocking content to deleting users’ accounts. Such companies have a dual responsibility: to monitor the placement of content in order to prevent abuse of freedom of speech and to prevent violations of freedom of expression with their own corporate rules. The purpose of this article is to identify, through the method of analytical jurisprudence, the problems that arise when restricting freedom of speech, implemented in the digital environment, and to establish the reasons for their occurrence. To do this, the author has carried out a review of Russian legislation and the practice of its application, as well as the practice of restrictions, applied by corporations, and an analysis of foreign literature.
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MIRONOV, NIKOLAI. "Russia--Democracy Without Freedom of Speech? : A Few Legislative Suggestions." Russian Politics & Law 43, no. 1 (February 2005): 70–76. http://dx.doi.org/10.1080/10611940.2005.11066944.
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Murad, Mohammad Hasan, and Kazi Arshadul Hoque. "The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation." IIUC Studies 7 (October 19, 2012): 73–90. http://dx.doi.org/10.3329/iiucs.v7i0.12261.
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Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and peoples right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the right to know, is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of peoples right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh. DOI: http://dx.doi.org/10.3329/iiucs.v7i0.12261 IIUC Studies Vol.7 2011: 73-90
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Bortnyk, S. M. "Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 34–48. http://dx.doi.org/10.32631/v.2021.3.03.
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The problem of restricting labor rights and freedoms, which is an important area of research for both domestic and foreign scholars, has been studied. International and national legislation on the establishment of restrictions on police officers while being recruited and during their service has been analyzed.
The author has carried out analysis of the norms of general and special legislation regulating the official activities of police officers, such as restricting the rights of police officers and establishing a ban on certain activities. The materials of judicial practice and scientific views of scholars on this issue have been studied.
Based on the conducted analysis the author has offered to combine all prohibitions and restrictions into four blocks unequal in scope and nature of the impact on individual rights: a) prohibitions and restrictions of a political nature; b) prohibitions and restrictions of an economic nature; c) restrictions arising from the specifics of the police service and its special nature; d) prohibitions and restrictions in the field of mass media and freedom of speech.
It has been clarified that the problem of legalization of restrictions on the rights and freedoms of police officers and a number of criteria that a police officer must meet has been properly regulated by international regulatory legal acts.
The author has revealed some gaps in the legislation that limit the rights of a police officer during his service in the police. The problematic aspects of the legal consolidation of restrictions for police officers include their vague wording and ramifications in various legislative acts that is the basis for inconsistencies and legal misunderstandings. In this regard, all the criteria, restrictions and legal definitions to them, which are provided for the police officer, should be enshrined in a separate Section of the Law of Ukraine “On the National Police”.
The author has suggested the ways to improve and amend the current legislation regulating the establishment of restrictions for police officers during their service. The implementation of international law into national legislation and the adoption of positive European experience should be more balanced and should take into account the specifics of national achievements.
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Posenato, Naiara. "THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION: A PANORAMA OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW / A PROTEÇÃO DO DIREITO À LIBERDADE DE EXPRESSÃO: UM PANORAMA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS." Espaço Jurídico Journal of Law [EJJL] 16 (February 19, 2016): 51–68. http://dx.doi.org/10.18593/ejjl.v16i3.9770.
Full textAbstract:
The Inter-American system for the protection of human rights recognizes the importance of freedom of expression for democratic systems. The analysis of the Inter-American Court of Human Rights (IACtHR) case law shows that it is probably the regional framework that provides the greatest scope and the broadest guarantees of protection to the right to freedom of thought and expression. Based on American Convention on Human Rights and on other relevant legislative instruments and, above all, in light of their prevailing interpretation by the aforementioned Court, this brief analysis is intended to clarify, with some comparative insights, the main features and the peculiarities of the regional system protection of the right to freedom of expression. In particular, it will consider the types of speech deserving special protection due to their importance for the exercise of other human rights or for the maintenance and the strengthening of democracy and, by contrast, the conditions according to which restrictions to freedom of expression are admitted by the Inter-American system.Keywords: Freedom of expression. Press freedom. Inter-American Court of Human Rights (IACtHR). European Court of Human Rights (ECHR). Case-law. Protected speech. Balacing human rights. National security.
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Ivanova, Ksenia A., and Madi Zh Myltykbaev. "The freedom of speech and right of access to information in the emerging system of international information security." Law Enforcement Review 4, no. 4 (December 28, 2020): 80–93. http://dx.doi.org/10.24147/2542-1514.2020.4(4).80-93.
Full textAbstract:
The subject. The article is devoted to the analysis of the freedom of speech and access to information in the context of the emerging system of international information security. The purpose of the article is to try to predict the positive and negative consequences of changing international relations in the digital age, to determine the role of freedom of speech and access to information in the context of confrontation between Russia and the United States. The research presented in this article was carried out by combining different disciplinary approaches, including comparative law, comparative politics and international relations, political theory and sociology. Moreover, study includes methods of dialectical logic, analysis and synthesis, as well as formal legal analysis of international legal acts of the UN. The main results and scope of their application. The rights of freedom of speech and access to information is undoubtedly one of the main in the global digital communication context. Degree of implementation of human and citizen rights to freedom of expression and access to information are indicators of political processes, the pace of building a civil society and legal state in current country. These rights are the foundation of modern democracy. The authors carry out a systematic analysis of the categories “freedom of speech” and “the right to access information”, identify the features of implementation of these rights in cyberspace, analyze international practice of legal regulation of these rights and assess the place and role of these rights in the emerging system of international information security. A legal analysis of international legal acts shows that the positions of the United States and the Russian Federation in the field of international information security are gradually converging, and the convergence is going in the direction of the Russian position Conclusions. The limits on the exercise of freedom of speech and access to information do not correspond to the level of development of public relations, because there are no effective legal tools to prevent defamation in the mass media, which in turn can lead to conflict between countries. It is concluded that there is a need for active international cooperation and consistent unification of the legislation of various countries, taking into account that freedom of speech and access to information in cyberspace should have the same level of protection as in the physical world.
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Kalitenko, Oksana, Galyna Anikinar, Ekaterina Spasova, and Oleksandra Shahaka. "The restrictions of the freedom of information during the Covid-19 pandemic." Cuestiones Políticas 39, no. 70 (October 10, 2021): 426–45. http://dx.doi.org/10.46398/cuestpol.3970.26.
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The article is devoted to the study of the issues of restrictions on the freedom of information that has arisen under the impact of the novel coronavirus outbreak. Another goal of the paper is identifying ways to protect such rights or to indicate which amendments to the law might be of use. The research methodology is based on general and special scientific methods, in particular: analytical, comparative-legal, systemic, and structural. The structure of the work includes: the review of international and Ukrainian legislation related to the freedom of information; the possibilities of its restriction; possible ways to enabling safe and secure management of the freedom of information during the coronacrisis. An analysis of international experience was carried out, as well as aspects of the protection of civil liberties such as freedom of speech, the right of peaceful assembly, etc. Several problematic issues were identified. Although, the general results of the study can be interpreted as alarming trends in the field of human rights and civil liberties. Particularly, it is multiple violations of the freedom of information all around the world under quarantine restrictions.
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Kulyk, Sergiy. "LEGAL REGIME OF MARTIAL LAW: THEORETICAL AND METHODOLOGICAL ASPECTS." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 95–103. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-9.
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Theoretical and methodological approaches to determining the essence and content of the legal regime of martial law have been studied. The concept of martial law as a special legal regime is analyzed. The normative-legal interpretation of the concept of «martial law» in national Ukrainian legislation is shown. It is emphasized that martial law in its conceptual meaning is a special, i.e. extraordinary in relation to the normal, everyday conditions of life in society, a legal regime, the purpose of which is to legally ensure the implementation of the defense of the state as its key foreign policy function, which requires the temporary introduction of a number of extraordinary institutional mechanisms and constitutional restrictions, and the main objects of legal protection are state sovereignty and territorial integrity as the highest constitutional values. It was determined that the fundamental importance of martial law as a special legal regime is manifested in the list of extraordinary powers of competent public authorities, because martial law, by its internal legal nature, actually constitutes the organizational and managerial response of the state to the occurrence of an armed threat to its vital interests and the highest constitutional values, that is, it is about an extraordinary event and the extraordinary, special, temporary legal regime corresponding to this event. A comparative comparison of the legislation on the legal regime of martial law of different states was carried out, which made it possible to attribute the following to the classic constitutional-legal restrictions and institutional-functional features: restrictions on freedom of movement; restriction of freedom of assembly; restriction of freedom of speech; limitation of the right to judicial review of cases; restriction of the right to inviolability of property; the possibility of temporary delegation of judicial and executive power to military courts and military command, respectively. It has been proven that with the relatively static nature of the etymological content of the term «martial law» itself, at the same time, in a concrete and historical context, there are quite noticeable changes in the legal regulation of its individual elements. Key words: martial law, constitutional rights, legal restrictions, state defense, act of aggression.
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Lewis, David Balaban. "Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?" International Journal of Law and Management 59, no. 6 (November 13, 2017): 1126–42. http://dx.doi.org/10.1108/ijlma-07-2017-0157.
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Purpose The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere. Design/methodology/approach This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research. Findings The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing. Research limitations/implications The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally. Practical implications It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices. Social implications If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech. Originality/value This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.
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Marushchak, Anatoly. "International-Legal Approaches and National-Legal Regulation of Counteraction to Misinformation." Information Security of the Person, Society and State, no. 31-33 (December 20, 2021): 64–71. http://dx.doi.org/10.51369/2707-7276-2021-(1-3)-7.
Full textAbstract:
The article analyzes some aspects pertaining to the issues of counteraction to misinformation. The subject of the study encompasses the relations arising in the field of international-legal and national-legal regulation of this activity. In March 2021, the Center for Counteracting Disinformation was established in Ukraine. Its development under the influence of threats to the state’s information security requires a detailed analysis of theoretical and legal foundations of countering disinformation, taking into account the fundamental principles of freedom of thought and speech. The aim of the article is to reveal international legal approaches and national legal regulation of countering disinformation. Theoretical methods of analysis, synthesis and comparison were used in the process of research. In particular, the work provided an analysis of international law, as well as the European Union initiatives aimed at combating misinformation. The comparative-legal method was used in conducting a comparative study of international and Ukrainian legislation. The article presents the outcomes of the analysis of the empirical basis of the study, namely: international law and domestic regulations of Ukraine, research works, etc. The methodological approach to the study of international legal issues and national legal regulation of countering disinformation is based on the fundamental principles of freedom of thought and speech and their mandatory consideration in the development of a new legislation. The research reveals the presence of several groups of government experts within the UN system who focused on studying the issues related to cyber operations, the use of ICT that contradicts the norms of a responsible behavior of states. They proved that the issue of countering misinformation had not yet been resolved. On the basis of the Tallinn Handbook 2.0 analysis, the author concluded that the interference in the spheres of elections, health care system and other areas pertaining to state sovereignty through disinformation operations could be interpreted as contrary to the international law provisions.
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Vasylchenko, O. "On the question about opposition to the information component aggression of the Russian Federation." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 4(48) (January 29, 2021): 59–63. http://dx.doi.org/10.20535/2308-5053.2020.4(48).233229.
Full textAbstract:
Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).
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Dzholos, Oleh. "Organizational and Legal Formation of Local Public Audiovisual Media in Ukraine." Scientific notes of the Institute of Journalism, no. 1 (78) (2021): 64. http://dx.doi.org/10.17721/2522-1272.2021.78.5.
Full textAbstract:
The diversity of media means not only a variety of content and multiplicity of media owners, but also a variety of types of media. Together with the traditional models of public service and private commercial broadcasting, the community media emerged as the “third level” of media development, which contributed to strengthening the freedom of speech. This article examines the organizational and legal aspects of formation of local public audiovisual media in Ukraine, their compliance with the standards and principles of media legislation of European countries, and provides the examples of development of local public broadcasting in the world practice. In addition, the international standards for community broadcasting, on which legislative and regulatory bodies rely, are analyzed. The objective of the study is to analyze, to systematize and to generalize the basic legislative norms for formation of audiovisual media communities in Ukraine as a separate media institution along with public, commercial broadcasting and broadcasting abroad. The bibliographic method was used to study and to analyze the legislative documents. With the help of the systemic method, the community broadcasting as an integral system mass media was considered. The comparative method was used to compare the legislative regulation of activities of media communities, recommended by the Council of Europe and represented in the legislation of Ukraine. The article outlines the main provisions of the draft Law of Ukraine “On Media” No. 2693-d. Comparing the Ukrainian legislative initiatives with the European experience, the suggestions and proposals for improving the financing system and the program policy of community broadcasting in Ukraine are presented.
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Kryvopuskova, K. L. "Kryvopuskova. Social conditioning of criminal law norms on public appeals to commit criminal offenses against the foundations of national security of Ukraine." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 298–303. http://dx.doi.org/10.24144/2788-6018.2022.04.54.
Full textAbstract:
The article is devoted to the study of the essence and content of social conditioning of criminal law norms on public appeals to commit criminal offenses against the foundations of national security of Ukraine.
The paper analyzes the national legislation of Ukraine and the doctrinal approaches of legal scholars regarding the grounds of criminalization in general and public calls to commit criminal offenses against the foundations of national security of Ukraine in particular. Particular attention is paid in the article to the definition of the historical prerequisites of the criminalization of public appeals to commit criminal offenses against the foundations of national security of Ukraine.
International legal grounds for restrictions on freedom of speech have been established. The legislative norms that provide for such restrictions have been analyzed. Based on the analysis of the provisions of the Constitution and international agreements ratified by Ukraine, it was concluded that the criminal punishment of words in the form of public calls to commit criminal offenses against the foundations of national security of Ukraine does not contradict the fundamental human right to freedom of speech.
A high level of public danger of these criminal offenses is established, which primarily consists in creating a threat of causing significant damage to public relations protected by the criminal law in the sphere of ensuring the foundations of Ukraine's national security.
It was concluded that the criminalization of public calls to commit criminal offenses against the foundations of national security is due to the following reasons: the high level of public danger of these criminal offenses; significant prevalence of this socially dangerous phenomenon in Ukraine; historical prerequisites and relevant foreign experience; the need for criminal law protection of social relations that provide the foundations of Ukraine’s national security. Establishing criminal responsibility for the specified public appeals in modern conditions is fully justified, necessary and expedient, i.e. fully socially conditioned.
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Marais, Marelize. "A Duty Perspective on the Hate Speech Prohibition in the Equality Act." Potchefstroom Electronic Law Journal 24 (June 21, 2021): 1–35. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9236.
Full textAbstract:
In this contribution, I argue that every person's duty to respect others is central to section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("the Equality Act"), otherwise known as the "hate speech" prohibition. This duty should therefore also be a central consideration in its interpretation. Related duties are those of the state to enact legislation, and of courts to interpret and apply the law to promote the spirit, purport and objects of the Bill of Rights. Our courts have in many instances considered the duty to respect others, as well as the state's and the courts' related duties, in the interpretation of socioeconomic rights and the development of the common law. In doing so, they have consistently employed the reasonableness standard. Therefore, references to relevant case law in various legal contexts provide the framework within which I examine legal duties in the context of unfair discrimination and, in particular, hate speech in terms of section 10(1) of the Equality Act. I examine the constitutional obligations of the state, the courts and private persons to promote respect for the dignity of others. I reiterate the state's specific obligation in terms of section 9(4) of the Constitution of the Republic of South Africa, 1996, to enact legislation to prevent or prohibit unfair discrimination on the grounds listed in section 9(3). Finally, I relate these duties to the section 10(1) prohibition in the Equality Act. I apply the reasonableness standard to conclude that the prohibition gives due effect to the duties of the state and every person, and that the courts are duty-bound to interpret it accordingly. This conclusion refutes the Supreme Court of Appeal's ruling in Qwelane v South African Human Rights Commission ("Qwelane")[1] that the section 10(1) prohibition was vague, overbroad and, therefore, unjustifiably infringing the right to freedom of expression.
[1] 2020 3 BCLR 334 (SCA).
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Coleman, Peter. "Censorship: Publish and Be Damned." Media International Australia 150, no. 1 (February 2014): 36–40. http://dx.doi.org/10.1177/1329878x1415000110.
Full textAbstract:
State censorship in Australia has been rare, controversial and short-lived. There was almost none in the liberal nineteenth century. In the twentieth century, the two world wars, the Great Depression and the new age of terrorism led to more determined, if comparatively temporary, attempts to censor publications that advocated sedition or violence. Moral censorship of obscenity was also rare in the nineteenth century, but enjoyed an ‘heroic’ period following the arrival of a new realism in literature and the age of lurid comic books. The internet has made such censorship almost totally ineffective. Blaspheming the Christian religion is no longer treated as a punishable offence, although attacking Islam may still sometimes be deemed actionable in law. The advent of multiculturalism has encouraged legislation to restrict free speech deemed to be ‘hate speech’, but its application has been episodic, unpopular and ineffective. The contest between writers demanding freedom and censors demanding standards is unending. But at the moment, the balance favours writers.
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Belavusau, Uladzislau. "Hate Speech and Constitutional Democracy in Eastern Europe: Transitional and Militant? (Czech Republic, Hungary and Poland)." Israel Law Review 47, no. 1 (February 11, 2014): 27–61. http://dx.doi.org/10.1017/s0021223713000241.
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This article departs from the normative assumptions about the status of militant democracy in transitional countries, while drawing on the constitutional appraisal of free speech and non-discrimination in Central and Eastern Europe during the period 1990–2012. It explores two models (‘American’ and ‘European’) of legal engagement with hate speech, targeting this recurrent constitutional theme to trace the militant in the transitional discourse on freedom of expression. The study scrutinises the legislative framework and the adjudication of the higher courts (constitutional, supreme and appellate courts) in three selected countries of Central and Eastern Europe – the Czech Republic, Hungary and Poland – in an effort to address the dearth of literature in the English language on hate speech laws and policies in these jurisdictions. The author concludes that the discourse on transitional democracy in this post-communist constitutionalism has been substantially constructed as a form of militant democracy, despite some visible influence of the American free speech narrative.
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Igwe, Isaac O. C. "The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law." ATHENS JOURNAL OF LAW 7, no. 2 (March 31, 2021): 148–68. http://dx.doi.org/10.30958/ajl.7-2-2.
Full textAbstract:
Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution
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Galyashina, Elena I., and Vladimir D. Nikishin. "The concept of hate speech as a threat to the information security of Internet communication." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 555–73. http://dx.doi.org/10.21638/spbu14.2021.305.
Full textAbstract:
The article is devoted to a comprehensive examination of the hate speech phenomenon in the aspect of legal and linguistic support for countering the information threats of Internet communication. The legal and linguistic analysis of the concept of “hate speech” is carried out by the authors according to the approaches of the European Court of Human Rights in the context of human rights and freedoms, as well as the protection of national security, constitutional order, public order, health and morality of the population. Verbal extremism as a criminalized part of hate speech is considered in the article from the standpoint of Russian, international and foreign legislation. The authors also analyzed the correlation of the following legal phenomena in international law: verbal religious extremism, insulting the feelings of believers, blasphemy and defamation of religions. The analysis of the scientists’ positions regarding the concept of “hate speech” and its criminalized part — verbal extremism: the analysis of the legal positions of the European Court of Human Rights, the Council of Europe, the United Nations, the Parliamentary Assembly of the Council of Europe regarding what kind of speech acts should be criminally punishable; as well as the analysis of the elements of crimes covered by the concept of “hate speech” in the criminal law of foreign states allowed the authors to formulate a list of features corresponding to extremist speech acts.
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Salenko, Alexander V. "Single picket in Russia and Germany: Constitutional and legal dimension." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 4 (2022): 131–44. http://dx.doi.org/10.21684/2411-7897-2022-8-4-131-144.
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In Russia the Public Assembly Law, which regulates the implementation of the constitutional right to freedom of peaceful assembly, is in the process of constant development. The author analyzes the Russian legislation and case-law of the Constitutional Court of the Russian Federation, which affect the holding of peaceful assemblies in the form of picketing (also single picketing). The author conducts that the conduct of single pickets in the Russian Federation in law years has been highly formalized. Theoretically, holding a single picket does not require notification and approval from representatives of public authorities. However, as the analysis shows, it is difficult to exercise the right to a single picket in practice, because law has established a number of restrictions, which significantly complicate the exercise of the freedom of peaceful assembly in the form of single picketing. The author concludes that the right to a single picket without approval de facto has a declarative nature, since law enforcement authorities have considerable discretion when qualifying a single picket as an unauthorized public event. The article contains an analysis of the legal positions of the Constitutional Court of Russia, which attempted to limit the discretion of law enforcement authorities in order to simplify the procedure for holding single pickets in Russia. In the article, the author examines the constitutional and legal experience of modern Germany (in particular, the German legal doctrice of Versammlungsrecht), where a single picket is regarded as one of forms to implement the constitutional freedom of speech and opinion, as well as the right to free development of the individual. The general conclusion of the author is that it is necessary to significantly simplify the procedure for holding a single picket, which could be regarded as the safest form of public event.
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Caddell, Richard. "Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions." Yearbook of Polar Law Online 6, no. 1 (March 11, 2014): 497–544. http://dx.doi.org/10.1163/1876-8814_018.
Full textAbstract:
In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and assembly on the one hand, and the need to ensure safety of navigation on the other. This article examines the legal arguments in favour of maritime protest as well as national responses to it, in the context of two Polar case studies. Firstly, this article appraises the confrontational activism of the Sea Shepherd Conservation Society in its anti-whaling campaign in Antarctica, and the problematic application of anti-piracy legislation to more aggressive campaign groups. Secondly, this article examines the position in relation to oil platforms, as exemplified by the Prirazlomnaya dispute in the Arctic, as well as controversial developments in Antarctic jurisdictions. In so doing, this article argues that the protection accorded to direct action protests at sea is considerably more limited than many campaign groups might appreciate.
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Maćkowska, Katarzyna Teresa. "Academic Freedom: a Choice Between Conservative or Liberal Perceptions – the Case of the United States." Review of European and Comparative Law 42, no. 3 (September 1, 2020): 193–218. http://dx.doi.org/10.31743/recl.9380.
Full textAbstract:
It is only the minimum extent to which the law becomes the instrument of coping with social tautness regarding the academic freedom. On the one hand, legal provisions significantly limit the number of cases related to hate crimes but on the other, they sometimes narrow a discussion due to difficulties in harmonizing individual’s rights and campuses’ perception - a phenomenon, which in the U.S. had been called as “chilling” the freedom. Undoubtedly, the enactment of free speech or academic freedom regulations at universities is necessary as it helps to prevent from a “hate speech” but the legal shape of this process has been strictly connected to a determination for either liberal or conservative description of the academic freedom.
Regarding the newest Niche’s rankings, ten universities have been selected, five out of the most liberal and five the most conservative public ones. Furthermore, two catholic universities have been added to describe differences in defining the academic freedom. Moreover, some references have been made to the U.S. Supreme Court decisions, and the very fundamental documents, namely the 1940 Statement and Harvard Free Speech Guidelines. In the separate article a problem of legislative acts that had been enacted for the past two years in a response to Report of the Committee on Freedom of Expression by the University of Chicago of 2014 will be covered. A few remarks upon this matter have been hereby made, though.
The article is based on a dogmatic legal method, including quotations of legal sources and their subsequent analysis.
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Dzholos, Oleh. "THE LEGAL FRAMEWORK OF THE IMPLEMENTATION OF COMMUNITY MEDIA IN UKRAINE." Pomiędzy. Polonistyczno-Ukrainoznawcze Studia Naukowe 5, no. 2 (2022): 127–36. http://dx.doi.org/10.15804/ppusn.2022.02.13.
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The ongoing globalization of mass media offers ample opportunities for citizen debate and pluralism of thought. One of the recent world media trends is the creation of different models of public media, which are an alternative to other means of communication. Public media might address issues of contemporary journalism, namely the quality and independence of media, ensuring that citizens receive accurate and impartial information. Ukraine has undergone tremendous changes since it has gained independence in 1991 but the political and legal systems remain unduly centralized, the economy weak, and the government attempts to limit freedom of speech and work of media. During both the Orange Revolution in 2004 and the Euromaidan 2013–2014, the need to deepen democratic freedoms was emphasized. Major advocates of the reform called for strengthening the rule of law, decentralization, denationalization of media, and the establishment of community media in the country, which will be created by the society, serve the society, and work under its control. Measures to increase the diversity of Ukrainian media are one of the practical means to guarantee freedom of speech and diversity of viewpoints. The diversity of media includes not only the diversity of content and multiplicity of media owners but also the variety of media types. Along with traditional models of public service media and private commercial broadcasting, community media emerged as the “third level” of media development that enhances freedom of speech. This article examines the legal aspects of community media implementation in Ukraine, their compliance with the standards and principles of the media law of European countries that govern the media community, and illustrates the development of community broadcasting in the world. It also provides an overview of the international standards for community media, which are backed by legislatures and regulators. Analyzing the Ukrainian media legislative draft, the author of the article offers improvements to the content and funding of community media in Ukraine.
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Jeremy, Anthony. "Practical Implications of the Enactment of the Racial and Religious Hatred Act 2006." Ecclesiastical Law Journal 9, no. 2 (April 11, 2007): 187–201. http://dx.doi.org/10.1017/s0956618x07000348.
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Legislators have normally exercised one of two options when enacting hate crime legislation. They either provide for punishment of ordinary criminal acts to be enhanced when the offence has been committed by reason of prejudice or hatred towards the victim, or they pass an Act which establishes an entirely new substantive offence. The United Kingdom Parliament adopted the first approach under the Crime and Disorder Act 1998, initially with regard to racially aggravated crimes and later in respect of religiously aggravated offences. In passing the Race and Religious Hatred Acts 2006, Parliament has taken the second approach and created a new substantive law. This paper considers the specific requirements that will need to be satisfied in order to establish the offence and some issues that arise in relation to proof of intention, relevance of motive and the nature of the language required to constitute hatred, in the light of the concession to freedom of speech contained in the statute.
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Lipchanskaya, Maria A., and Sergej A. Privalov. "Social media in the context of Russian and German Constitutional Law." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (February 24, 2021): 73–82. http://dx.doi.org/10.18500/1994-2540-2021-21-1-73-82.
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Introduction. The role of social media is objectively increasing in modern digital information space. They are much involved in shaping public opinion while democracy and civil society are being built and developed. Social media also contribute to the freedom of speech guaranteed by the Constitution. In the context of globalization, the development of state legal regulation often turns to the implementation of the rules which have already been tested in other countries. The fast development of relations in the field of social media and piecemeal legal regulation of this field in Russia make the foreign experience highly demanded. Theoretical analysis. Social media is one of the key actors in shaping public opinion. However, the current legislation of the Russian Federation very superficially regulates the legal status of this media institution. In turn, the Federal Republic of Germany has more experience in the legal regulation of social media. Based on a certain proximity of the state and legal mechanisms of Russia and Germany, as well as the high level of development of democratic institutions of the latter, the authors analyzed the status of social media in the constitutional and legal space of these countries in order to study the possibility of adapting the German experience to improve Russian legislation. Empirical analysis. The high degree of influence of social media on public opinion is due to a number of specific characteristics of their creation and functioning: the spontaneous nature of content creation, the high speed of information dissemination, the minimum level of external influence, the easily perceived nature of information. Taken together, these characteristics of the institution significantly complicate the implementation of legal regulation in relation to them, effective and efficient in practice, which also determines the conduct of the study. Results. We have studied common and individual features of the legal regulation of social media in the Russian Federation and the Federal Republic of Germany. Based on our conclusions, we are coming up with several proposals for the improvement of the Russian legislation on social media. Russia has significant weaknesses and conflicts of laws in the sphere of media production and information dissemination. Russian legislation in no way covers the social media not registered as mass media in the manner prescribed by law. In our opinion, the German legislation on social media also has certain deficiencies. However, some rules may be adapted to Russian legislation. Based on our research, we propose to draft a federal law on social media, which would partially reflect German experience.
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Temperman, Jeroen. "Laws against the Denial of Historical Atrocities: A Human Rights Analysis." Religion and Human Rights 9, no. 2-3 (August 1, 2014): 151–80. http://dx.doi.org/10.1163/18710328-12341266.
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This article ventures into the contentious question of whether the denial of historical atrocities is per se removed from the protection of freedom of expression and the related question if states may under international human rights law proactively combat, through criminal legislation (‘memory laws’), such types of extreme speech. In so doing, the article compares and contrasts approaches employed by the un Human Rights Committee that monitors the un International Covenant on Civil and Political Rights with that of the European Court of Human Rights, regional watchdog of the European Convention on Human Rights. It is argued that both approaches are shifting—though not quite in converging directions. The article makes a case for a contextual rather than exclusively content-based approach. An approach in which the question of ‘likelihood of harm being done to the targeted group’ is guiding, best resonates with the necessity principle.
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최관호. "A Critical Study on Legislation of “Cyber Contempt”: in relation to the Principle of Subsidiarity of the Criminal Law and the Freedom of Speech." Democratic Legal Studies ll, no. 39 (March 2009): 93–123. http://dx.doi.org/10.15756/dls.2009..39.93.
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Skoropysova, N. I. "DEFINITION OF THE CONCEPT OF «DEFAMATION» IN THE COUNTRIES OF CONTITENTAL EUROPE." Constitutional State, no. 43 (October 26, 2021): 104–11. http://dx.doi.org/10.18524/2411-2054.2021.43.240987.
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The article discusses the key issues of the interpretation of the concept of “defamation” in the countries of Western Europe. In a modern social and legal state, considerable attention is paid to the protection of individual rights and freedoms as the foundations of democracy. One of the basic personal rights is the right to personal dignity, protection of honor and reputation. Analysis of the structures of the current legislation, the positions of the Supreme Court, acts of the European Court, as well as classical and newest scientific approaches, defamation is an offense expressed in the dissemination of inaccurate information that violates the right of a legal entity to a business reputation. Honor, dignity, business reputation are constituent elements of such categories as personal moral rights and intangible benefits, in order to ensure the realization and functioning of the rights of which, a well-thought-out, well-coordinated and effective protection mechanism must be produced. Attention is focused on the fact that for the proper operation of such a mechanism, it is necessary to determine, first of all, the protected object, what are its features and boundaries that need to be regulated by law. Indeed, in the case of securing an incomplete list of protected in the legislation, fixing in the norms not all signs of the protected or the presence of gaps in the regulation of this legal relationship, the potential for abuse of the right or misinterpretation of its norms arises. National laws define in different ways whether the burden of proof lies with the plaintiff or the defendant. It is concluded that defamation is one of the unlawful acts that infringe upon honor, dignity and reputation and requires further study in the practice of the European Court. In dealing with defamation cases, courts always need to find a compromise and strike a balance between freedom of expression, freedom of thought and speech, and protection of dignity, honor and reputation.
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Demczuk, Agnieszka Elżbieta. "The Discriminatory Legalism Strategy and Hate Speech Cases in Poland. The Role of the Commissioner for Human Rights in Fighting Discrimination." Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia 27, no. 2 (January 26, 2021): 127. http://dx.doi.org/10.17951/k.2020.27.2.127-148.
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<p>The regress of liberal democracy in the world has been progressing for years and the number of countries with the full democracy index is decreasing [Economist Intelligence Unit 2018, 2019; Freedom House 2018]. One of the serious threats to the rule of law and the human rights in modern democracy has become discriminatory legalism which is both strategy and weapon [Weyland 2013]. In order to weaken or marginalize the opposition and “rebellious” citizens, public authorities apply discriminatory legal instruments and democratic rules depending on who they are concerned with. Public authorities do this because of political views and use exclusion rhetoric, a language of hatred, stigmatizing all “strangers”, at last use hate speech on the Internet and beyond. The weaponization of hate speech is a convenient instrument for political struggle and the fight against inconvenient opponents. Hate speech is also used by far-right and nationalist organizations in the public sphere, which operate in an atmosphere of consent to their radical behaviour. Political hate speech plays an important role in the discriminatory legal strategy. Poland is included in the group of countries with flawed democracy (Article 7(1) TEU since 2017). The authorities introduced changes in law (which were defied as the “Frankensteinisation of legislation” by the Parliamentary Assembly of Council of Europe [PACE] in 2019), democratic institutions and the prosecution applies a discriminatory legalism strategy. This problem is highlighted by the current Commissioner for Human Rights which is an independent institution in the field of fighting hate speech (except a few independent media and NGOs informing about the hate speech phenomenon). Many of hate speech cases are discontinued or not taken up by the prosecution. The numbers of cases of hate speech and hate incidents are increasing but the Polish authorities use the underreporting mechanism. The Ombudsman warns that only 5% of cases are reported to the police. The language of hatred and contempt used by the authorities in Poland has become the weaponization in the fight against citizens as political opponents: LGBT+ community, refugees, political opponents, independent judges and others.</p>