Lernkarten

Karten 15 Karten
Lernende 1 Lernende
Sprache English
Stufe Universität
Erstellt / Aktualisiert 08.01.2021 / 08.01.2021
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Freedom of Expression

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart informa!on and ideas without interference by public authority and regardless of fron!ers. This also means the freedom and pluralism of the media shall be respected. This right is enshrined in ar!cle 11 of the Charter of Fundamental Rights.

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Freedom of Speech

The right to express one’s ideas. Can be limited when the harm it brings outweighs the benefits (defama!on, obscene content etc)

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Legal basis and objectives of freedom of expression

European Conven!on on Human Rights 10(1):

“Everyone has the right to freedom of expression. This right shall include freedom (i) to hold opinions and (ii) to receive and impart informaton and ideas without interference by public authority and regardless of fron!ers.

European Conven!on on Human Rights 10(2):

The exercise of these freedoms (..) may be subject to such formali!es, condi!ons, restrictions or penal!es as are prescribed by law and are necessary in a democra!c society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protec!on of health or morals, for the protec!on of the reputation or rights of others, for preventing the disclosure of informa!on received in confidence, or for maintaining the authority and impar!ality of the judiciary.

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Limitations of freedom of expression

(a) Prescribed by law

(b) Either one of the following applies:

• necessary in a democratic society

• in the interests of na!onal security

• for the protec!on of health or morals

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Freedom of Expression in the USA

Historical reasons for Freedom of expression - US : First Amendment (1791): “Laws ‘abridging freedom of speech, or the press’ cannot be passed.” Reasons given:

• Marketplace of ideas

• Free expression strengthens democracies

• Personal autonomy

• Tolerance: The freer the exchange of ideas, the more tolerant the society

• Prevents governments to silencing its opposition

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Content Control

Content Control refers to various state efforts to eliminate certain content from the Internet. Action Plan for a Safer Internet 1999-2004: The "Safer Internet" action plan aims to foster a favorable environment for the development of the Internet industry by promoting safe use of the Internet and combating illegal or harmful content. The program is based on three lines of action:

• creating a safer environment by establishing a European network of hotlines and encouraging self-regulation and codes of conduct

• developing filtering tools

• raising awareness

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Hate Speech

The term "hate speech" is used inclusively according to its everyday meaning, covering all expressions and manifestations of racism, xenophobia, homophobia, etc., and for distinction of the legal category "criminal hate speech" or specifically "incitement to hatred" is used. To prevent and counter the spread of illegal hate speech online, in May 2016, the Commission agreed with Facebook, Microsoft, Twitter and YouTube a “Code of conduct on countering illegal hate speech online”. In the course of 2018, Instagram, Snapchat and Dailymotion joined the Code of Conduct.

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Legal basis and objectives

In large part, the movement to circumscribe the bounds of free expression has its roots in three instruments of interna!onal law-the European Conven!on on Human Rights (ECHR), the Interna!onal Conven!on on the Elimina!on of All Forms of Racial Discrimina!on (CERD), and the Interna!onal Covenant on Civil and Poli!cal Rights (ICCPR). Ar!cle 10 of the ECHR, for example, grants the freedom of expression to all, but the exercise of this right is condi!oned on conformity with the restric!ons necessary, inter alia, "for the protec!on of the reputa!on and rights of others." The CERD and ICCPR, which also purport to recognize the freedom of expression, go a step further. Ar!cle 4(a) of the CERD obligates signatories to make "all dissemina!on of ideas based on racial superiority or hatred" a punishable offense, while Ar!cle 20 of the ICCPR requires outlawing "any advocacy of na!onal, racial, or religious hatred that cons!tutes incitement to discrimina!on, hos!lity, or violence.“