FREEDOM OF EXPRESSION Salanieta Tamanikaiwaimaro (Sala T) - FIJI Controve rsy Confli ct Who determines the balance??? Ethi cs
Transcript
Slide 1
FREEDOM OF EXPRESSION Salanieta Tamanikaiwaimaro (Sala T) -
FIJI Controversy Conflict Who determines the balance??? Ethics
Slide 2
Navigating through the Maze!!! Filtering Objectionable Content
Censorship Balance Religious content Hate Speech Lawful
content
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Objectionable Content Child Pornography Hate Speech Defamation
Direct & Public Incitement to commit genocide Advocacy of
National/Racial/Religious Hatred Incitement to discrimination,
hostility and violence
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IRAN Source:
http://www.amnesty.org.au/news/comments/27997/?utm_medium=twitter&
utm_source=wallpost&utm_campaign=crisis accessed on 28 th
February 2012
http://www.amnesty.org.au/news/comments/27997/?utm_medium=twitter&
utm_source=wallpost&utm_campaign=crisis
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TUNISIA This month, three newsmen from Tunisian printed
newspaper Attounisia were arrested for publishing a controversial
picture of Tunisian and Real Madrid soccer player Sami Kedira and
model Lena Gercke's naked photograph. Source:
http://globalvoicesonline.org/2012/02/2
0/tunisia-a-year-after-the-revolution-
limitations-on-freedom-of-expression-
continuehttp://globalvoicesonline.org/2012/02/2
0/tunisia-a-year-after-the-revolution-
limitations-on-freedom-of-expression- continue Accessed on 28 th
February, 2012
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PAKISTAN Source: http://ictrdf.org.pk/ and
http://content.bytesforall.pk/node/39http://ictrdf.org.pk/http://content.bytesforall.pk/node/39
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INDIA Source:
http://www.ndtv.com/article/india/can-block-websites-like-china-delhi-
high-court-warns-facebook-google-166383 accessed on 28th February
2012http://www.ndtv.com/article/india/can-block-websites-like-china-delhi-
high-court-warns-facebook-google-166383
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Special Rapporteurs Report As with offline content, when a
restriction is imposed as an exceptional measure on online content,
it must pass a three-part, cumulative test:
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La Rues Test "As with offline content, when a restriction is
imposed as an exceptional measure on online content, it must pass a
three-part, cumulative test: (1) it must be provided by law, which
is clear and accessible to everyone (principles of predictability
and transparency); (2) it must pursue one of the purposes set out
in article 19, paragraph 3, of the International Covenant on Civil
and Political Rights, namely: (i) to protect the rights or
reputations of others; (ii) to protect national security or public
order, or public health or morals (principle of legitimacy); and
(3) it must be proven as necessary and the least restrictive means
required to achieve the purported aim (principles of necessity and
proportionality). In addition, any legislation restricting the
right to freedom of expression must be applied by a body which is
independent of any political, commercial, or other unwarranted
influences in a manner that is neither arbitrary nor
discriminatory. There should also be adequate safeguards against
abuse,including the possibility of challenge and remedy against its
abusive application." Source:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.p
df
http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.p
df
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Article 19 of the ICCPR 1.Everyone shall have the right to hold
opinions without interference. 2.Everyone shall have the right to
freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless
of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice. 3.The exercise of
the rights provided for in paragraph 2 of this article carries with
it special duties and responsibilities. It may therefore be subject
to certain restrictions, but these shall only be such as are
provided by law and are necessary: (a) For respect of the rights or
reputations of others; (b) For the protection of national security
or of public order (ordre public), or of public health or
morals.
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Hu Jia on Freedom of Expression #China#China #HumanRights
activist Hu Jia: - Freedom of expression is the starting point of
the rights of all citizens is the key to open the democratization
of China. Protect your freedom of speech is my civic
responsibility, safeguarding freedom of expression in society, it
is my civic mission. @hu_jia#HumanRights@hu_jia Source:
http://www.twitlonger.com/show/g1erh0 accessed on 28th February,
2012http://www.twitlonger.com/show/g1erh0
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Freedom Justice Peace EQUAL AND INALIENABLE RIGHTS OF ALL
MEMBERS OF THE HUMAN FAMILY
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Who determines the Balance? European Court of Justice EU law
precludes the imposition of an injunction by a national court which
requires an Internet Service Provider (ISP) to install a filtering
system with a view to preventing the illegal downloading of files,
see the Press Release: http://curia.europa.eu/jcms/upload/docs/app
lication/pdf/2011-11/cp110126en.pdf The actual Judgment that was
just released on the 24th November, 2011 is available here:
http://curia.europa.eu/jurisp/cgi-
bin/form.pl?lang=EN&Submit=Submit&numaff=C-
70/10http://curia.europa.eu/jcms/upload/docs/app
lication/pdf/2011-11/cp110126en.pdfhttp://curia.europa.eu/jurisp/cgi-
bin/form.pl?lang=EN&Submit=Submit&numaff=C- 70/10
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Prioritisation of Rights Intellectual Property Rights Freedom
to receive and impart information Right of ISPs to conduct business
freely Rights of consumers to Privacy
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Trends US protection of private ownership rights against
privacy (US) Europe (ECJ) protection of private rights to be "left
alone" (Europe) India/China/Pakistan/Iran/Fiji Public Order.