20,165 results on '"Freedom of expression"'
Search Results
2. TUTOR WITHOUT A TONGUE.
- Author
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Oates, Rosamund
- Subjects
- *
DEAF artists , *FREEDOM of expression , *DEAFNESS - Abstract
The article focuses on the role of prelingually deaf artists during the Renaissance and other artistic movements. It highlights how deaf artists, such as Cristoforo de Predis, Juan Fernández Navarrete, and Hendrick Avercamp, used their art not only for creative expression but also to challenge societal and legal perceptions of their capabilities. It mentions how these artists overcame legal barriers related to their deafness and the role of art in transcending the legal limitations of deafness.
- Published
- 2023
3. Platform liability, hate speech and the fundamental right to free speech.
- Author
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Alkiviadou, Natalie
- Subjects
- *
FREEDOM of speech , *FREEDOM of expression , *HATE speech , *MASS media influence , *MODERN society - Abstract
In contemporary society, the rise of social media has dramatically transformed the sharing of information, bypassing traditional editorial and governmental controls. This shift has enabled rapid global information sharing but also raised concerns about the influence of social media platforms, even in democratic societies. Legislative responses, such as Germany's Network Enforcement Act of 2017, mandated swift removal of illegal content, influencing over twenty other nations to enact similar laws. These regulations often target hate speech but risk suppressing political opposition, particularly in authoritarian regimes. The European Union’s Digital Services Act came into force in 2024 and imposes stringent removal obligations on platforms. This enhanced platform regulation pushes companies towards the use of automated content moderation for purposes of meeting those obligations. A 2024 report found a substantial majority (87.5% to 99.7%) of deleted comments on Facebook and YouTube in France, Germany, and Sweden were legally permissible, suggesting that platforms, pages, or channels may be over-removing content to avoid regulatory penalties. Against the backdrop of this recent data, the paper examines the possible impact of stringent platform liability legislation on free speech in the ambit of hate speech, focusing on the delicate balance between regulation and freedom of expression. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. Navigating hate speech and content moderation under the DSA: insights from ECtHR case law.
- Author
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Enarsson, Therese
- Subjects
- *
HATE speech , *FREEDOM of expression , *SOCIAL media , *JUDGE-made law ,EUROPEAN Convention on Human Rights - Abstract
The dissemination of hate speech online necessitates forceful content moderation to protect individuals and democratic values, without undue infringement of freedom of expression and the right to access information. In Europe, recent regulatory measures like the Digital Services Act (DSA) address the amplification of harmful content on social media, and place responsibilities on Very Large Online Platforms to counter societal risks, such as hate speech. The DSA mandates that platforms balance commercial interests with protecting user rights and safety, necessitating nuanced moderation strategies. However, both automated and human moderation face challenges in accurately identifying and countering hate speech. The European Convention on Human Rights (ECHR) and its interpretation by the European Court of Human Rights (ECtHR) provide essential guidance for navigating how to counter hate speech and also protect freedom of expression. This article aims to contribute to the understanding the emerging landscape of platform regulation and how the demands in the DSA can be better understood and operationalized regarding moderation of hate speech, in light of ECtHR case law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. Legal implications of using generative AI in the media.
- Author
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Bayer, Judit
- Subjects
- *
MASS media industry , *GENERATIVE artificial intelligence , *JOURNALISM , *CHATGPT , *CRIMINAL liability - Abstract
Generative AI is increasingly being used, among others also in the professional media industry. This article provides an overview of the main ethical and legal challenges regarding content generated by, or with the help of generative AI. Among the ethical challenges, special attention is devoted to the development of journalistic standards. The legal discussion highlights the questions of civil and criminal responsibility regarding content, with a primary focus on the attribution of liability. It scrutinises the roles of deployers, assessing their contributions to the final product. It suggests that all human participants' contributions should be accordingly acknowledged, potentially necessitating the creation of novel categories such as hybrid authorship and shared responsibility. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
6. Freedom of Expression's Crisis of Interpretation.
- Author
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Kaye, David
- Subjects
- *
FREEDOM of expression , *DEMOCRACY - Abstract
Over the course of 2023, an epidemic of Koran burnings convulsed Denmark and Sweden. Denmark responded by criminalizing the practice on diplomatic and security grounds. This infuriated free-speech campaigners who saw the move as a betrayal of Scandinavia's historic commitment to freedom of expression. In the process, Denmark missed an opportunity to explore Koran burning as a problem for democracies and identify tools other than criminalization to address it. This essay places the Danish response to Koran burning in its domestic and international context, showing how it fits into a broader global crisis of interpretation concerning the human right to free speech. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
7. From Statistics to Stories: Indices and Indicators as Communication Tools for Social Change.
- Author
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Kogen, Lauren
- Subjects
- *
FREEDOM of expression , *SOCIAL change , *CIVIL society , *SOCIAL movements , *HUMAN rights , *EYELIDS - Abstract
The terms 'indices' and 'indicators' may immediately cause eyelids to droop. How, then, might they serve to impassion publics and, ultimately, promote social change? This paper examines the extent to which indices and indicators can be considered communication tools for social movements and social change. The analysis is based on a 2018 evaluation of one index based in the United States – the Ranking Digital Rights Index, which assesses privacy and freedom of expression in the ICT space – and incorporates interviews with civil society stakeholders. Bringing theory from the fields of journalism and social movements together with the data from the evaluation, the findings suggest indices can serve as useful communication resources for social movements under certain circumstances. In particular, the analysis suggests three communication resources – legitimate information, newsworthy information, and flexible information – that human rights indices are most likely to provide. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
8. Belief bias and censorship of religious extremism on digital media in 15 EU states: exploring individual and country-level moderators, a cross-country multilevel analysis.
- Author
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Masood, Muhammad and Tuzov, Viktor
- Subjects
- *
RELIGIOUS extremists , *SOCIAL impact , *EDUCATIONAL quality , *EDUCATIONAL attainment , *FREEDOM of expression - Abstract
The debate over freedom of expression is critical because of the long-term social and political consequences of potentially harmful expressions, such as religiously or politically offensive speeches that invite violent deeds and seek justification. This research note attempted to theorize that individuals' belief bias is associated with their support for the censorship of religious extremist views. It also explores the conditional roles of educational attainment on an individual level and the quality of democracy on the country level. Relying on cross-sectional survey data from 15 EU states, the cross-country multilevel analysis found a significant positive relationship between belief bias and support for censorship of religious extremist views on digital media – the Internet and social media. The association between belief bias and support for censorship of religious extremist views was greater among people with a low level of education and in healthier democracies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
9. Free Speech, Green Power: The Impact of Freedom of Expression on Renewable Energy.
- Author
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Uzar, Umut
- Abstract
Although there has been a growing interest in identifying the key drivers of renewable energy over the last few decades, theoretical connections and empirical evidence on the impact of freedom of expression still need to be made. Within the framework of this gap in the literature, this study tries to solve the mystery by focusing on the impact of freedom of expression on renewable energy in 20 high-income countries from 1990 to 2022. The effects of economic growth, carbon dioxide emissions, trade openness, and foreign direct investment were also examined. The evidence-based on second-generation econometric estimators such as AMG and CCEMG are consistent. Findings show that freedom of expression indicates increased renewable energy consumption. In addition, while economic growth and foreign direct investments increase renewable energy, CO
2 emissions reduce renewable energy. Trade has no significant impact. The positive link between freedom of expression and renewable energy is promising for the countries involved and presents a significant win–win opportunity. Therefore, countries need to establish democratic principles. [ABSTRACT FROM AUTHOR]- Published
- 2024
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10. Sanchez proti Francii: nezbytná ochrana, nebo eroze svobody projevu na sítích?
- Author
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Szabó, Martin
- Subjects
JUDGMENT (Psychology) ,INDIVIDUAL differences ,JUDGE-made law ,HUMAN rights ,POLITICAL oratory - Abstract
Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
11. Free and Defamatory Speech in Tension: Rhetorical Knowledge and Philosophical Hermeneutics in Legal-Judicial Practice.
- Author
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Impellizzeri, David
- Subjects
LIBEL & slander lawsuits ,FREEDOM of speech ,FREEDOM of expression ,JUDGES ,JUDGE-made law - Abstract
The 'right' to protect one's name, reputation, and character from slanderous attacks or defamatory falsehoods confronts freedom of expression with a limit. First Amendment law constrains what one party may publish about a second party in the presence of or to a third party. In an effort to address the question of how to negotiate prudently the dialectical tension between protecting and yet limiting speech with respect to defamation, this essay gives primary attention to the Espionage Act cases of 1919 and to the Times v. Sullivan case of 1964. Drawing upon the work of legal scholar Francis J. Mootz, I frame the judge's task as engaging in philosophical hermeneutics of the law and legaljudicial decision-making as generative of rhetorical knowledge. I propose that twentieth century defamation case law demonstrates the epistemic and educative functions of legal-judicial practice as an inherently hermeneutic and rhetorical endeavor. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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12. African’s right to use cyberspace and the imposition of criminal sanction: rethinking legislative criminalization of online acts in Africa.
- Author
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Eboibi, Felix E. and Richards, Newman U.
- Subjects
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FREEDOM of expression , *INTERNET access , *COMPUTER crimes , *JURISPRUDENCE , *AFRICANS - Abstract
The rise in Africans involvement in cybercrimes globally due to increased access to the internet has prompted some African governments to enact ICT and Cybercrime related Laws. Unfortunately, some provisions of these laws, criminalize some expressions and are likely to stifle and restrict online activities and freedom of expression of Africans. This paper argues that the criminalization of certain expressions by these laws are contrary to the expectations of international and regional instruments on freedom of expression. It recommends the adaptation of the experiences and jurisprudence of the European and Inter-American Courts. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
13. Deliberation through contestation: EU investments in cultural and artistic spaces beyond the EU.
- Author
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Vos, Claske
- Subjects
- *
POLITICAL participation , *FUNCTION spaces , *FREEDOM of expression , *CIVIL society , *WESTERN society , *IMAGINATION , *DELIBERATION - Abstract
The role of culture in democratization processes has increasingly been emphasized by the EU. Insisting on the value of culture for peaceful inter-community relations, the European Commission argues that cultural and artistic spaces can function as spaces for deliberation facilitating alternative engagement with politics through debate, education and free expression. The need for such spaces has become more urgent in a time in which democracies have come under pressure. This article examines how civil society actors in the Western Balkans create spaces of deliberation by engaging in EU funded cultural initiatives. In the projects that are being developed, civil society actors experiment with different forms of community-based management of resources and co-production, opening up new perspectives for social and political transformation. Their insistence to generate radical imagination through culture and arts and to create instances in which a different world can be prefigured has led to a boost of citizen participation in cultural projects which resulted in the emergence of ‘counter-public’, self-managed, post-Yugoslav spheres. In indirect, unexpected and contradictory ways, the EU funding schemes are both subject as well as facilitators of the discussions held at these spaces adding new dimensions to European democratization processes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
14. Expressional activity and access to privately owned public spaces.
- Author
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Norcup-Brown, William
- Subjects
- *
CONTRACTS , *PUBLIC spaces , *PLAZAS , *CITIES & towns , *FREEDOM of expression ,EUROPEAN Convention on Human Rights - Abstract
This research letter discusses the issue of access to privately owned public spaces for the exercise of freedom of expression and assembly. The European Court of Human Rights has ruled that contracting states are not obligated to guarantee access to privately owned land for peaceful assemblies, as long as an alternative publicly owned location is available. The article argues for a correction in the court's jurisprudence to consider the importance of location in private settings and proposes a proportionality assessment to align positive obligations and protect the expressional freedoms in privately owned public spaces. The article suggests that this assessment would address the shortcomings of the current legal framework and allow for a balanced consideration of both property rights and expressional freedoms. [Extracted from the article]
- Published
- 2024
- Full Text
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15. Engaging with 'China': a dialogue among APJTE editors.
- Author
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Takayama, Keita, Kettle, Margaret, Heimans, Stephen, and Biesta, Gert
- Subjects
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COLLEGE curriculum , *CHINESE students in foreign countries , *FOREIGN study , *EDUCATIONAL sociology , *CROSS-cultural studies , *CROSS-cultural differences , *FREEDOM of expression - Abstract
This article explores the challenges faced by Chinese scholars in publishing their research in English-language journals, particularly in the field of education. It discusses the differences in scholarly expectations and norms between Chinese and international scholarship, as well as the political pressures that Chinese researchers face. The article also delves into the debate over critical scholarship on China, with some scholars criticizing the lack of criticality in existing research and others challenging the politicized context of scholarship about Chinese society and education. The authors raise questions about what constitutes "critical" scholarship and how to navigate the complexities of publishing internationally. They also discuss the influence of the global academic publishing industry and its emphasis on competition and visibility. The article aims to foster dialogue and reflection on these issues among scholars and encourages alternative approaches to research and publication. It also highlights the pressure on beginning scholars to publish in order to advance their careers, which can lead to a focus on quantity rather than quality. The article raises concerns about the influence of government policies on educational research and the narrowing of research methodologies. It suggests that the challenges faced in China may not be unique and that the global academic publishing industry and its impact on educational research should be examined. The article emphasizes the importance of democratic values and the need to question political configurations. It also explores the concept of criticality in education and the challenges faced by international students in understanding and engaging with it. The article concludes by calling for a reevaluation of publishing practices and the creation of space for alternative scholarly practices. [Extracted from the article]
- Published
- 2024
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16. وب پنهان و حق گمنامی از منظر حقوق بین الملل بشر.
- Author
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فریناز فیضی and امیرحسین رنجبری&
- Abstract
The Internet is like a huge iceberg and the greatness of its visible part (the surface web) has enchanted mankind so much that no legal system can claim to be able to completely control or adequately and respond to. Still, the invisible part of the Internet- which is known as the "dark web" - is also crucially important and the attention paid to this subject by national and international law is very limited. This paper focuses on dark web and tries to explain the importance and necessity of paying attention to it. By studying international and regional instruments, national legislation and legal scholarship the we aim to examine the anonymity of the dark web from the perspective of international human rights. The main research question is the following: is it possible to invoke the right of anonymity in the dark web in international human rights? It is claimed that there is not sufficient evidence to validate the existence of an independent right to anonymity in international human rights law, which fully covers all dimensions of anonymity in dark web. On the other hand, the principles of international human rights law also reject the approach of banning anonymity. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
17. Involvement of minors in the criminal process: procedural regulation according to the legislation of the Republic of Kosovo.
- Author
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Kryezi, Alban and Buçaj, Enver
- Subjects
CRIMINAL liability ,FREEDOM of speech ,CRIMINAL law ,FREEDOM of expression - Abstract
This study explores the significance of juvenile personality in criminal proceedings within Kosovo's legal framework, emphasising juveniles' unique psychological, social and biological development stages and their impact on criminal behaviour. Despite the global interest in juvenile justice, there is a notable gap in literature specific to Kosovo, particularly concerning the consideration of personality traits and cognitive maturity in legal processes. Through an analysis of the Code of Juvenile Justice and the Code of Criminal Procedure, along with case studies and interviews with police, prosecutors, judges and psychologists, the research addresses this gap. Key findings highlight that while Kosovo's legal framework provides robust protections for juveniles, practical challenges include delayed identification, insufficient privacy enforcement and resource constraints. The study underscores the importance of psychologist involvement during interrogations and the need for age-appropriate communication. Additionally, it points out the limited number of specialised personnel and rehabilitation institutions as major obstacles. The research advocates for enhanced training, increased resources and a review of current sanctions to ensure the juvenile justice system prioritises rehabilitation over punishment. This study aims to improve the understanding of juvenile personality in legal proceedings, promoting fair and just treatment for young offenders. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
18. Criminal liability for violations of limits on freedom of speech in Latvia.
- Author
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Judins, Andrejs
- Subjects
CRIMINAL liability ,FREEDOM of speech ,CRIMINAL law ,FREEDOM of expression - Abstract
Copyright of Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law is the property of Sciendo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
19. Glorification of Terrorist Violence at the European Court of Human Rights.
- Author
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Sobol, Ilya
- Subjects
TERRORISM ,FREEDOM of expression ,COUNTERTERRORISM laws ,CRIMINAL law - Abstract
This article examines the European Court of Human Rights' approach towards restrictions on expression glorifying terrorist violence. This is done by situating the Court's case law against two objections to respective criminal offences: their inherent overbreadth and their incompatibility with the restraining demands of the 'harm principle'. In doing so, the article discusses how the 'harm principle' relates to the proportionality test and how the Court's categorisation of expression glorifying violence responds to the objection of overbreadth. In arguing that the tool of categorisation has not been determinative in driving the outcomes in relevant decisions, the article suggests that engaging the existence of a competing public interest and reviewing the admissibility of reasons for such restrictions would appropriately elevate the Convention standard. Finally, the article argues that inconsistencies across decisions are best explained by the Court's deference-giving practices, particularly in cases involving claims about the recency of terrorist violence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
20. Hybrid digital authoritarianism in Turkey: the ‘Censorship Law’ and AI-generated disinformation strategy.
- Author
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Yücel, Alev
- Subjects
- *
CENSORSHIP , *LOCAL elections , *INTERNET laws , *DISINFORMATION , *FREEDOM of expression - Abstract
This article introduces the concept of hybrid digital authoritarianism, a model of digital governance that combines consolidated digital authoritarian practices with strategically limited digital freedoms to sustain a façade of democratic governance. The evolution of Turkey’s digital governance, marked by the enactment of the ‘censorship law/disinformation law’ in October 2022, represents a deliberate shift toward more entrenched digital authoritarianism. The dissemination of pro-government AI-generated disinformation, particularly targeting opposition during the 2023 national and presidential elections and the 2024 local elections, underscores Turkey’s progression towards a more consolidated form of digital authoritarianism. This study examines the impact of recent legislative changes, including the contentious Press Law and Internet Regulation Law, and the role of AI-generated disinformation in shaping Turkey’s digital governance. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
21. Enhancing metabolic efficiency via novel constitutive promoters to produce protocatechuic acid in Escherichia coli.
- Author
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Örn, Oliver Englund, Hagman, Arne, Ismail, Mohamed, Leiva Eriksson, Nélida, and Hatti-Kaul, Rajni
- Subjects
- *
ESCHERICHIA coli , *GENE expression , *FREEDOM of expression , *BLOCK copolymers , *LIBRARY cooperation - Abstract
The antioxidant molecule protocatechuic acid (PCA) can also serve as a precursor for polymer building blocks. PCA can be produced in Escherichia coli overexpressing 3-dehydroshikimate dehydratase (DSD), an enzyme that catalyses the transformation of 3-dehydroshikimate to PCA. Nevertheless, optimizing the expression rate of recombinant enzymes is a key factor in metabolic engineering when producing biobased chemicals. In this study, a degenerate synthetic promoter approach was investigated to improve further the production of PCA. By limited screening of a randomized promoter library made using pSEVA221 plasmid in E. coli, three novel synthetic constitutive promoters were selected that increased the PCA yield from glucose by 10–21% compared to the inducible T7-promoter. RT-qPCR analysis showed that the DSD gene, regulated by the synthetic promoters, had high expression during the exponential phase, albeit the gene expression level dropped 250-fold during stationary phase. Besides the increased product yield, the synthetic promoters avoided the need for a costly inducer for gene expression. Screening of the entire promoter library is likely to provide more positive hits. The study also shows that E. coli transformed with the DSD gene on either pSEVA221 or pCDFDuet plasmids exhibit background PCA levels (~ 0.04 g/L) in the absence of a transcriptional regulatory element. Key points: • Degenerate synthetic promoters are remarkable tools to produce protocatechuic acid. • The constitutive synthetic promoters did not affect the growth rate of the bacterial host. • The use of constitutive synthetic promoters avoids the need for the costly inducer. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
22. Counterman v. Colorado: True Threats, Speech Harms, and Missed Opportunities.
- Author
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WRIGHT, R. GEORGE
- Subjects
- *
CRIMINAL intent , *RECKLESSNESS (Law) , *FREEDOM of speech , *FREEDOM of expression , *HARASSMENT - Abstract
The article focuses on the U.S. Supreme Court's decision in Counterman v. Colorado and the implications of the chosen mens rea standard for true threats. Topics include the Court's controversial adoption of a "recklessness" mens rea standard, its missed opportunity to address broader issues of free speech harm, and the legal and social consequences of balancing speech protections with the need to prevent harassment and threats.
- Published
- 2024
23. The quiet revolution: grassroots theatre and solidarity in post-revolution Egypt.
- Author
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Kandil, Yasmine
- Subjects
- *
SOLIDARITY , *FREEDOM of expression , *RESEARCHER positionality , *THEATER - Abstract
This article looks at the meaning of solidarity as related to the Egyptian uprising of January 2011. Through participant interviews, field notes, and observations, the author examines the role of grassroots theatre in enabling the aspirations of the revolution to live on amongst its players, and despite more stringent state control over the arts and freedom of expression. The author examines how solidarity can take different forms through silence, witnessing, and embodied creative works. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. LIBERDADE EM REDE E A (DES)INFORMAÇÃO: DESAFIOS DO DIREITO FUNDAMENTAL DA INFORMAÇÃO NA SOCIEDADE CONTEMPORÂNEA.
- Author
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de Menezes Maciel, Natalia Ferraz
- Subjects
FREEDOM of expression ,FAKE news ,CIVIL rights ,MODERN society ,NEWS agencies ,HEALTH literacy - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
25. Content Discriminatory Patents: A Response to Professor Chiang
- Author
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Burk, Dan
- Subjects
patent ,speech ,First Amendment ,free speech ,freedom of speech ,freedom of expression ,strict scrutiny ,content discrimination ,Supreme Court ,intellectual property ,Law ,Patents as Topic - Published
- 2023
26. Trends in scientific production in telecommunications (1981–2023): a bibliometric study
- Author
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María del Pilar Castro Arellano, Guillermo Alexander Quezada Castro, and María del Pilar Quezada Castro
- Subjects
telecommunications ,regulation ,communication rights ,freedom of expression ,Science (General) ,Q1-390 - Abstract
Purpose Telecommunications have evolved in response to technological advancements and regulatory changes established in law. There remains a research gap concerning universal access to communication rights, which can be addressed through a bibliometric analysis of the scientific literature. This study aimed to identify trends in telecommunications research. Accordingly, it analyzed annual scientific output, determined the most representative journals, examined prevalent keywords, highlighted the most productive authors, and identified key articles in the field. Methods Scientific production was analyzed using the Scopus database. Documents published between 1981 and 2023 in English were included, while those not relevant to the study topic were excluded. A total of 237 documents were analyzed using the Biblioshiny interface and Microsoft Excel. Results Annual scientific output peaked in 2021, with an annual growth of 2.91%. The most representative journal was Telecommunications Policy. The consolidated keywords were “communication rights,” “public service media,” “media policy,” “regulation,” and “telecommunications.” The most productive authors were Amy Sanders and Pradip Thomas. The most cited article addressed the institutional foundations of telecommunications regulation Conclusion There was evidence of growing scientific production in telecommunications, published in high-impact journals with an interdisciplinary approach. The main topics related to telecommunications were communication rights, regulation, and internet governance. Despite the presence of prolific authors, a need for greater collaboration in the formation of international research networks was identified.
- Published
- 2024
- Full Text
- View/download PDF
27. Playing against the rules: a new perspective on the potential of games and play as convivial and critical tools for imagining futures.
- Author
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Meshcheryakova, Anna O. and Hemmert, Fabian
- Subjects
CREATIVE ability ,DESIGN research ,CRITICAL analysis ,FREEDOM of expression ,TECHNICAL information - Abstract
In recent years, we have observed an increased interest within the field of design research in both the concept of conviviality and playful approaches as a pathway to co-design and participation. While play is often associated with freedom of expression and creativity, the implication of rules and mechanics in games poses questions regarding the tension between player agency and designed gameplay. This paper aims to provide reflection on these topics through a lens of 'critical play' and presents a model to explore games' potential as convivial tools for imagining collective futures. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. Freedom of Speech: An Overview.
- Author
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Killion, Victoria L.
- Subjects
FREEDOM of speech ,FREEDOM of expression ,JUDICIAL review ,EMPLOYMENT - Abstract
The article focuses on the complexities of First Amendment protections regarding freedom of speech in the United States. Topics include the conditions under which speech is regulated, the different levels of judicial scrutiny applied to speech restrictions, and the various contexts in which these regulations are evaluated, including specific frameworks for challenges in educational and public employment settings.
- Published
- 2024
29. COMBATING CENSORSHIP.
- Author
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Klett, Maddie
- Subjects
- *
FREEDOM of expression , *FREEDOM of speech in art - Abstract
The article focuses on the efforts of the National Coalition Against Censorship's Arts & Culture Advocacy Program (ACAP) in upholding the right of free expression in the U.S. cultural sector. It discusses the response of ACAP to the removal of artist Xandra Ibarra's video piece "Spictacle II: La Tortillera" from a group exhibition at the Centro de Artes gallery in San Antonio, Texas, and the removal of artworks that address reproductive rights and the Israel-Palestine conflict from exhibitions.
- Published
- 2024
30. Understand Professional Versus Personal Authenticity.
- Author
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Freebairn‐Smith, Laura
- Subjects
FREEDOM of expression ,BUSINESS attire ,RELIGIOUS extremists ,ORGANIZATIONAL change ,COLLEGE teachers - Abstract
The article discusses the concept of authenticity and its application in the workplace. The author argues that there is a distinction between personal authenticity and professional authenticity, and that it is unreasonable to expect individuals to express their personal, unfiltered selves at work. The author emphasizes the importance of industry standards and client needs in determining appropriate behavior and attire in the workplace. They suggest that individuals should find industries that align with their personal values and comfort levels of professional authenticity. The article also references another framework for understanding authenticity, which differentiates between emotional and strategic authenticity, as well as constructive and destructive authenticity. The author concludes by providing tips for promoting authenticity in the workplace. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
31. Propuesta y validación de un cuestionario para evaluar el rendimiento organizacional de las federaciones deportivas.
- Author
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Naval-Pesqué, Tamara, Carlos Guevara-Pérez, Juan, Cabello-Manrique, David, and Seguí-Urbaneja, Jordi
- Subjects
CRONBACH'S alpha ,JUDGMENT (Psychology) ,JUDGES ,DELPHI method ,FREEDOM of expression - Abstract
Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
32. AI content detection in the emerging information ecosystem: new obligations for media and tech companies.
- Author
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Knott, Alistair, Pedreschi, Dino, Jitsuzumi, Toshiya, Leavy, Susan, Eyers, David, Chakraborti, Tapabrata, Trotman, Andrew, Sundareswaran, Sundar, Baeza-Yates, Ricardo, Biecek, Przemyslaw, Weller, Adrian, Teal, Paul D., Basu, Subhadip, Haklidir, Mehmet, Morini, Virginia, Russell, Stuart, and Bengio, Yoshua
- Subjects
GENERATIVE artificial intelligence ,HIGH technology industries ,SOCIAL institutions ,FREEDOM of expression ,INTERNET searching - Abstract
The world is about to be swamped by an unprecedented wave of AI-generated content. We need reliable ways of identifying such content, to supplement the many existing social institutions that enable trust between people and organisations and ensure social resilience. In this paper, we begin by highlighting an important new development: providers of AI content generators have new obligations to support the creation of reliable detectors for the content they generate. These new obligations arise mainly from the EU's newly finalised AI Act, but they are enhanced by the US President's recent Executive Order on AI, and by several considerations of self-interest. These new steps towards reliable detection mechanisms are by no means a panacea—but we argue they will usher in a new adversarial landscape, in which reliable methods for identifying AI-generated content are commonly available. In this landscape, many new questions arise for policymakers. Firstly, if reliable AI-content detection mechanisms are available, who should be required to use them? And how should they be used? We argue that new duties arise for media and Web search companies arise for media companies, and for Web search companies, in the deployment of AI-content detectors. Secondly, what broader regulation of the tech ecosystem will maximise the likelihood of reliable AI-content detectors? We argue for a range of new duties, relating to provenance-authentication protocols, open-source AI generators, and support for research and enforcement. Along the way, we consider how the production of AI-generated content relates to 'free expression', and discuss the important case of content that is generated jointly by humans and AIs. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. ЦИФРОВІ ПРАВА ЛЮДИНИ ТА ЇХ ОБМЕЖЕННЯ В УМОВАХ СУЧАСНИХ ПРАВОВИХ ВИКЛИКІВ.
- Author
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В. О., Бочковой and Н. А., Бааджи
- Subjects
EUROPEAN Convention on Human Rights ,HUMAN rights violations ,LEGAL documents ,JUSTICE ,HUMAN rights ,FREEDOM of expression - Abstract
The article is dedicated to the analysis of a new category of rights, which legal specialists refer to as the fourth generation of rights. This is directly related to the rapid development of new technologies and significant changes in legal relations that have emerged at present, as well as the emergence of new forms of business activities and certain information asymmetry, and the sharp increase in online life, which increasingly requires legal regulation. These factors influence the increase and intensification of challenges for both international and national law. The article analyzes the possible risks associated with the violation of such important values as freedom of expression, justice, and the rule of law, leading to the threat of human rights violations in the information space and the inability to protect them due to the lack of legal certainty and the absence of legal frameworks. Therefore, the author provides certain options for resolving the issue of protecting digital human rights. The article explores digital human rights and the specifics of their restriction in the context of contemporary legal challenges. Given society’s increasing dependence on information technologies, the protection of digital rights is becoming a crucial aspect of ensuring citizens’ fundamental freedoms. The main international legal documents regulating digital rights, such as the European Convention on Human Rights, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, are examined. Special attention is given to the conditions for derogating digital rights during emergencies, particularly in the context of the Russian Federation’s military aggression against Ukraine. The main forms of digital rights violations are analyzed, including Internet access restrictions, censorship, privacy breaches, disinformation, and propaganda. The article emphasizes the necessity of adhering to the principles of legality, necessity, proportionality, and temporariness when restricting digital rights to ensure a balance between national security and the preservation of fundamental human rights. An authorial definition of the term “digital rights” is provided. [ABSTRACT FROM AUTHOR]
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- 2024
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34. ПОРІВНЯЛЬНИЙ АНАЛІЗ ПРОБЛЕМ РЕАЛІЗАЦІЇ СВОБОДИ СЛОВА НА ТИМЧАСОВО ОКУПОВАНИХ ТЕРИТОРІЯХ УКРАЇНИ ДО ТА ПІСЛЯ ЇХ АНЕКСІЇ РОСІЙСЬКОЮ ФЕДЕРАЦІЄЮ.
- Author
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Е. О., Котенджи
- Subjects
POLITICAL rights ,MARTIAL law ,LIBERTY of conscience ,MILITARY occupation ,HUMAN rights ,FREEDOM of speech ,FREEDOM of expression - Abstract
The article analyzes the problem of implementing freedom of speech in the temporarily occupied territories of Ukraine, as well as compares the actual situation of observing the human right to freedom of speech before and after Russia’s annexation of four regions of Ukraine in 2022. During the study, cases of arbitrary restriction of this freedom by the occupation administration of the Russian Federation were characterized and the reasons for such restrictions were determined. The article emphasizes that the real purpose of establishing restrictions on freedom of speech and other human rights and freedoms by the aggressor state is to ensure the internal stability of the Russian authoritarian regime. In order to achieve this goal, the Russian political nomenclature resorts to the practice of underestimating or excluding the role of representative institutions, as well as canceling or significantly limiting the political rights and freedoms of residents of the territories controlled by Russia. The article states that due to the effective control of certain areas of Donetsk and Luhansk regions by the Russian Federation since 2014, the Russian establishment managed to spread its autocratic practices on the territory of the self-proclaimed «republics» even before their annexation. In order to realize this goal, the occupation administration created formal grounds that allowed it to significantly limit the rights of residents in the territories under its control, although arbitrary restrictions on human rights, in particular the right to freedom of thought and speech, to the free expression of views and beliefs, were observed in the territories of Donetsk and Luhansk regions from the first days of their transition under the control of Russian militants. As a result of conducting a comparative legal analysis of the real situation of freedom of speech in the occupied territories of Ukraine before and after their annexation by the Russian Federation, it was concluded that the annexation by Russia of four regions of Ukraine in 2022 made it more difficult for residents to exercise their right to freely express their views and beliefs. The deterioration of the situation with civil space and fundamental freedoms in the occupied regions of Ukraine is explained by the fact that, as a result of the violent and illegal temporary rejection of part of the territory of Ukraine, Russia extended the effect of its administrative-delict and criminal legislation to these territories, in particular the so-called «fakes laws», by which the Russian Federation introduced military censorship on its territory in March 2022. Compared to the territory of the Russian Federation, in the occupied Ukrainian regions the realization of human and citizen rights and freedoms is further complicated by the introduction of martial law by the Russian occupation administration, which gave Russia a formal opportunity to continue arbitrarily restricting a number of rights and freedoms in the aforementioned territories. Taking into account these and other arguments presented in the article, the conclusions were reached that improving the situation of freedom of speech in the respective regions is possible only in the case of restoration of Ukrainian sovereignty over the temporarily occupied territories and the prevention of any form of interference of the Russian authoritarian regime in the public and political life of Ukraine. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. СВОБОДА СЛОВА В ЕПОХУ ЦИФРОВИХ ТЕХНОЛОГІЙ: ЗАХИСТ ВІД ЦЕНЗУРИ ТА ОНЛАЙН-ПЕРЕСЛІДУВАНЬ.
- Author
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Т. Р., Кучин and І. В., Костенко
- Subjects
DIGITAL technology ,INFORMATION technology industry ,CONSCIOUSNESS raising ,INTERNET censorship ,DIGITAL literacy ,FREEDOM of speech ,FREEDOM of expression - Abstract
This article examines key aspects related to threats to freedom of speech in the online environment, particularly censorship and persecution. The author explores tools that help protect this freedom, restore access to information and expressions that have been restricted. Special attention is given to the role of international standards in the field of human rights and their importance in ensuring freedom of speech in the digital age. The author analyzes innovative approaches and technologies used to protect internet users from censorship and online persecution. The research reflects current trends in the field of information freedom and offers recommendations for further steps to support the values of democracy and human rights in the digital space. Overall, the article analyzes the impact of social media and other online platforms on freedom of speech and expression. It highlights the role of digital literacy and education in shaping users’ awareness of their rights and opportunities on the Internet. Ethical aspects of using freedom of speech in the online environment and the importance of balancing freedom of expression with protection against negative influence and discrimination are also considered. Analyzing innovative approaches and technologies for protecting freedom of speech in the online environment, the article emphasizes current trends in information freedom. The results and recommendations of the article can serve as a basis for the development of policies and programs aimed at protecting the values of democracy and human rights in the digital age. This research can also assist government bodies, civil society, and IT companies in their efforts to protect freedom of speech and raise awareness among users about their rights and opportunities on the Internet. Such an approach reinforces the role of science and research in addressing important issues in the modern world, particularly in the realm of digital freedom and human rights. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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36. RUSSIAN DISINFORMATION IN AUDIOVISUAL COMMUNICATION IN ECUADOR.
- Author
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SUING, ABEL and LOMAS-CHACON, PABLO
- Subjects
- *
POLITICAL communication , *DISINFORMATION , *MEDIA literacy , *SOCIAL networks , *MASS media & politics - Abstract
Disinformation is multiplied through social networks, and many hoaxes show Russian interests, to the extent that the US and the European Union qualify RT and Sputnik as media outlets for the circulation of false facts. This research aims to identify the disinformation generated by RT and Sputnik related to Ecuador in audiovisual media and social networks. The methodology is qualitative and quantitative, descriptive in scope. It is evident that Russian disinformation is present in the country, especially online. It is important to promote media literacy and open a debate on regulation that promotes freedom of expression. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
37. Generative AI and deepfakes: a human rights approach to tackling harmful content.
- Author
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Romero Moreno, Felipe
- Subjects
- *
ARTIFICIAL intelligence laws , *DATA protection laws , *FREEDOM of expression , *PRIVACY , *HUMAN rights ,EUROPEAN Convention on Human Rights - Abstract
The EU's Artificial Intelligence Act (AIA) introduces necessary deepfake regulations. However, these could infringe on the rights of AI providers and deployers or users, potentially conflicting with privacy and free expression under Articles 8 and 10 of the European Convention on Human Rights, and the General Data Protection Regulation (EU) 2016/679 (GDPR). This paper critically examines how an unmodified AIA could enable voter manipulation, blackmail, and the generation of sexual abusive content, facilitating misinformation and potentially harming millions, both emotionally and financially. Through analysis of the AIA's provisions, GDPR's regulations, relevant case law, and academic literature, the paper identifies risks for both AI providers and users. While the AIA's yearly review cycle is important, the immediacy of these threats demands swifter action. This paper proposes two key amendments: 1) mandate structured synthetic data for deepfake detection, and 2) classify AI intended for malicious deepfakes as 'high-risk'. These amendments, alongside clear definitions and robust safeguards would ensure effective deepfake regulation while protecting fundamental rights. The paper urges policymakers to adopt these amendments during the next review cycle to protect democracy, individual safety, and children. Only then will the AIA fully achieve its aims while safeguarding the freedoms it seeks to uphold. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
38. A case for ideological coherence in regulating online speech: going back to basics to manage the (not so) difficult interplay between free speech and economic freedoms.
- Author
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de Caria, Riccardo
- Subjects
- *
USER-generated content , *FREEDOM of speech , *ECONOMIC liberty , *FREEDOM of expression , *HATE speech , *DISINFORMATION - Abstract
The article draws an updated picture of the regulation and case-law on online speech, with a particular focus on the United States. It considers the most important regulatory innovations, several significant cases, and the main positions in the public debate, not only academic. The perspective offered is different from the most popular approaches to the regulation of the subject, and includes a reflection about whether the large platforms hosting user-generated content remain exclusively private entities, or if they should be subject to certain rules provided for the public administration. The conclusion reflects on the intersections that occur online between freedom of expression, 'economic speech' and freedom of economic initiative. [ABSTRACT FROM AUTHOR]
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- 2024
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39. The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections
- Author
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Kasper, Eric T., author, Kozma, Troy A., author, Kasper, Eric T., and Kozma, Troy A.
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- 2024
- Full Text
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40. General weak segregation theory with an application to monodisperse semi-flexible diblock copolymers.
- Author
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Jager, P. M., Briels, W. J., and Slot, J. J. M.
- Subjects
- *
LANDAU theory , *PHASE diagrams , *FREEDOM of expression , *DIBLOCK copolymers - Abstract
A general theory has been developed for a polydisperse semi-flexible multi-block copolymer melt. Using the Bawendi–Freed approach to model semi-flexible chains, an expression for the Landau free energy is derived in the weak segregation regime, which includes density and orientation order-parameters. The orientation order-parameter is described in the smectic phase and in more complicated structures, such as the hexagonal phase. The Landau free energy contains contributions of two kinds of interactions. The first kind is the Flory–Huggins interaction, which describes the incompatibility of chemically different blocks and may induce microphase separation. The second kind is the Maier–Saupe interaction, which may induce nematic ordering. In the framework of the weak segregation limit, the Landau theory allows us to predict phase structures in the melt as a function of the composition, persistence length, and the strength of the Flory–Huggins and Maier–Saupe interaction. The general theory is applied to a simple system of monodisperse semi-flexible diblock copolymers. In several phase diagrams, a number of possible phase structures are predicted, such as the bcc, hexagonal, smectic-A, smectic-C, and nematic phase. The influence of the Maier–Saupe interaction on the microphase structure is thoroughly discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
41. Free energy barriers for anti-freeze protein engulfment in ice: Effects of supercooling, footprint size, and spatial separation.
- Author
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Farag, Hossam and Peters, Baron
- Subjects
- *
ANTIFREEZE proteins , *ACTIVATION energy , *SUPERCOOLING , *ENERGY function , *FREEDOM of expression , *ALPHA fetoproteins - Abstract
Anti-freeze proteins (AFPs) protect organisms at freezing conditions by attaching to the ice surface and arresting its growth. Each adsorbed AFP locally pins the ice surface, resulting in a metastable dimple for which the interfacial forces counteract the driving force for growth. As supercooling increases, these metastable dimples become deeper, until metastability is lost in an engulfment event where the ice irreversibly swallows the AFP. Engulfment resembles nucleation in some respects, and this paper develops a model for the "critical profile" and free energy barrier for the engulfment process. Specifically, we variationally optimize the ice–water interface and estimate the free energy barrier as a function of the supercooling, the AFP footprint size, and the distance to neighboring AFPs on the ice surface. Finally, we use symbolic regression to derive a simple closed-form expression for the free energy barrier as a function of two physically interpretable, dimensionless parameters. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
42. Ethics and Gender in Taliban Political Thought: Women\'s Rights and Freedom of Speech
- Author
-
Ghorban Nahani Pour, Gholam Hossein Zareh, and Hamid Reza Haghighat
- Subjects
ethics ,women's rights ,freedom of expression ,political thought ,taliban ,Social Sciences - Abstract
Introduction: The Taliban used religion to justify their brutal totalitarian government, which lacked any moral and religious values. In the field of ethics and gender, the Taliban's perception of women's political-social rights meant depriving them of any political-social activities. Due to the importance of ethics and gender, this research was conducted with the aim of investigating the status of women's rights and freedom of speech in the political thought of the Taliban. Material and Methods: This is an applied descriptive-analytical type in terms of its purpose, it was among quantitative researches. The statistical population of the research was Afghan women living in Shiraz. Participants include 350 Afghan women living in Shiraz, who were selected by available sampling method. Data was gathered by researcher-made questionnaire. Finally, data were analyzed using the t-test method and SPSS software. Results: The findings show that the awareness of Afghan women about their rights in the field of education, violence against women, marriage, freedom of speech, clothing status, medical and therapeutic services, presence in society, political participation, urban services and human rights in Afghanistan is low and very low. Conclusion: The results showed that according to the opinion of Afghan women who had lived under the Taliban rule in Afghanistan, the situation of women's rights and freedom of expression in the political thought of the Taliban was estimated to be very bad. The Taliban's goal of dealing with women and preventing their political-social services, before it is caused by Islamic Sharia or ethnic and tribal customs, is a political method and a government strategy
- Published
- 2024
43. The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
- Author
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James Gregory Alcaraz Villasis and Naparat Kranrattanasuit
- Subjects
freedom of expression ,gap-filling mechanism ,human rights norms and standards ,religious freedom ,transjudicial conversation. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Transjudicial conversation refers to the domestic court's judicial practice of cross-citing foreign decisions on common and shared human rights issues. Scholars have argued that this phenomenon facilitates the cross-fertilisation of rights norms and standards across territories. While this has been documented and studied in various jurisdictions, its incidence and effect in the Philippine context is yet to be fully understood. The paper thus seeks to explore the extent of such influence in the Philippine setting, specifically in the development of domestic human rights jurisprudence. In order to examine its impact, this research employs a qualitative research design. Select cases on free speech and religious exercise rights were analysed using doctrinal and content analysis approaches. These cases were purposively chosen, considering that Philippine provisions on these rights have shown close affinity with foreign constitutions. The analysis reveals that the participation of the Philippine Supreme Court in the transjudicial conversation phenomenon generally causes the cross-border fertilisation of human rights norms. Particularly, the impact of this engagement contributes to filling the gap in the domestic understanding of human rights concepts, expanding existing legal systems such as human rights and penal laws, and aligning national human rights systems with international laws. Such impacts enrich the domestic understanding of free speech and religious rights, specifically drawing bright lines between legitimate state intervention and individual enjoyment of the rights.
- Published
- 2024
- Full Text
- View/download PDF
44. Online Dispute Resolution – From Origins to the Present
- Author
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Serhii Kravtsov
- Subjects
online dispute resolution (odr) ,internet history ,censorship ,virtual environment ,digital identities ,content moderation ,freedom of expression ,early internet communication ,Comparative law. International uniform law ,K520-5582 ,Private international law. Conflict of laws ,K7000-7720 - Abstract
This article explores the historical evolution of Online Dispute Resolution (ODR) against the backdrop of the internet’s inception and development. In the early years, the internet was largely restricted to government organizations, the military, and scientific institutions. Censorship was prevalent, limiting the emergence of disputes within this limited virtual environment. To overcome these constraints, private commercial online services like CompuServe and AOL emerged, offering content-rich platforms but with limited connectivity. This limitation inadvertently reduced the incidence of disputes. However, unrestricted access to online services led to cases of identity deception and abuse, exemplified by the infamous case of a virtual persona, ‘Joan’. The ‘Joan’ incident underscored the challenges of managing online interactions in the absence of regulatory mechanisms. It prompted the emergence of system administrators responsible for balancing content policies and First Amendment rights. The article also delves into the early legal landscape concerning online communication and the challenges of regulating content and expression. This historical analysis offers insights into the origins of ODR, highlighting the need for effective dispute resolution mechanisms in the evolving digital landscape. It sheds light on the internet’s journey from a closed network to a global platform, raising critical questions about identity, freedom of expression, and the role of administrators in online governance.
- Published
- 2024
- Full Text
- View/download PDF
45. Whistleblowing as a Form of Expression: Comprehensive Overview of the Concept of Whistleblowing and Its Freedom of Expression Aspects, with Particular Reference to the Case Law of the European Court of Human Rights
- Author
-
Gergely Ferenc Lendvai, János Bálint, and Daniella Huszár
- Subjects
whistleblowing ,ecthr ,echr ,freedom of expression ,case law ,Comparative law. International uniform law ,K520-5582 ,Private international law. Conflict of laws ,K7000-7720 - Abstract
This study endeavors to examine the phenomenon of whistleblowing within the context of freedom of expression. The paper is organized into three key segments, each addressing distinct aspects. Initially, it delves into the challenges and complexities inherent in conceptualizing whistleblowing. Subsequently, the paper establishes a theoretical foundation for the fundamental rights approach to whistleblowing, laying the groundwork for the final section: an analysis of whistleblowing cases through the lens of the European Court of Human Rights’ case law. The research methodology employed comprises secondary analysis (desk research) and legal case studies. The study aims to achieve a dual purpose: firstly, to offer a comprehensive understanding of the legal analysis and interpretation of whistleblowing; and secondly, to elucidate the evolving legal standards and criteria governing whistleblowing in the context of freedom of expression over recent years.
- Published
- 2024
- Full Text
- View/download PDF
46. Features of media legal regulation in Mongolia
- Author
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Naranbaatar Byambajav, Bayarmaa Boldbaatar, and Nino Skvortsova
- Subjects
media freedom ,journalism in mongolia ,freedom of expression ,rights of jour- nalists ,legality ,Literature (General) ,PN1-6790 - Abstract
Information and the means of its dissemination are becoming increasingly important in the modern world. Since the final information product is capable of influencing socio-political processes, political forces prone to authoritarianism strive to monopolize the media space, using the regulatory framework and economic resources for this. At the international level, mostly in Western Europe, the legislative approach to the media meets the democratic standards of society and its political and economic interests. The regulatory framework is synchronized with digitalization, technological development of media and public communications, in contrast to countries with unstable economies that adopt both technology and regulatory innovations from the outside. A study of the legislative framework underlying the formation of the media space and communication system of Mongolia demonstrates a number of errors and deviations in the development of press freedom and national journalism. The authors update the issues of independent professional journalistic activity and the need to inform the public, the openness of government institutions and the transparency of their work. Examples are given of violations of the rights of journalists and pressure on commercial media, which affects the quality of the media space, the economic interests of media owners and the rights of citizens.
- Published
- 2024
- Full Text
- View/download PDF
47. CIVIL LIABILITY FOR PUBLIC COMMUNICATION UNDER CURRENT ROMANIAN REGULATIONS
- Author
-
Andrei-Radu DINCĂ
- Subjects
journalist liability ,freedom of speech ,public communication ,freedom of expression ,defamation ,Social sciences (General) ,H1-99 - Abstract
Freedom of the press does not exclude the obligation of journalists to cover the damages created by their materials, especially by exceeding the freedom of speech. Nevertheless, holding someone liable for exercising a fundamental right is not always as simple as mere tort liability. Under Romanian regulations, the journalist will have to cover the damages only if his work can be qualified as an illicit act, or an illegal content. Alongside an introduction, the paper will consist of three parts: 1. general provisions for the liability of the journalist under national provision, 2. special provisions regarding liability according to Romanian law, by reference to International law, namely, the European Convention on Human Rights and 3. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act - DSA). This article aims to identify the particularities of journalist liability or of another person who makes a public communication, in order to remedy the deficiencies of the current regulation.
- Published
- 2024
48. Saffron Ethnocracy: conceptualising ethnocracy in India, Myanmar and Sri Lanka.
- Author
-
Shahid, Rudabeh and Lee, Ronan
- Subjects
- *
MUSLIMS , *POLITICAL systems , *RELIGIOUS groups , *FREEDOM of expression , *ISLAMOPHOBIA - Abstract
Myanmar’s political system during the 2010–2021 period shares much in common with the political systems of neighbouring India and nearby Sri Lanka, and so this article identifies all three as ethnocratic, arguing these polities represent a variation of ethnocracy which leans authoritarian and is specifically Islamophobic. This article builds on discourse about the nature of ethnocracy to introduce the label ‘Saffron Ethnocracy’, which is used to identify the specific Islamophobic variation of ethnocracy observable in India, Myanmar and Sri Lanka. The saffron label recognises the common use of saffron clothing as identity markers by Hindus and Buddhists, the dominant religious groups in each country. While all three South Asian countries were certainly procedural democracies during the period studied, majoritarianism strongly impacted their political systems, affecting citizenship laws and practices, contributing to assertions about civilisational uniqueness of dominant groups, empowering religio-political institutions of the dominant groups, dramatically curtailing freedom of expression and severely undermining the standing of minorities, particularly Muslim populations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
49. How Negative Media Coverage Impacts Platform Governance: Evidence from Facebook, Twitter, and YouTube.
- Author
-
Marchal, Nahema, Hoes, Emma, Klüser, K. Jonathan, Hamborg, Felix, Alizadeh, Meysam, Kubli, Mael, and Katzenbach, Christian
- Subjects
- *
SOCIAL media , *MASS media industry , *FREEDOM of expression - Abstract
Social media companies wield considerable power over what people can say and do online, with consequences for freedom of expression and participation in digital culture. Yet we still know little about the factors that shape these companies’ policy decisions. Drawing on data collected from mainstream English-language news sources between 2005-2021 and on a novel dataset of policy documents from the Platform Governance Archive (PGA), we investigate the extent to which policy change at Facebook, Twitter, and YouTube is responsive to negative news coverage. We find that sustained negative coverage significantly predicts changes to platforms’ user policies, highlighting the role of public pressure in shaping the governance of online platforms. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. The Contribution of the European Court of Human Rights to the Construction of a Corruption-Free Society.
- Author
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Oriolo, Anna
- Subjects
- *
HUMAN rights , *SOCIAL & economic rights , *RIGHT to health , *RIGHT to work (Human rights) , *RULE of law , *RIGHT to food , *DISTRIBUTIVE justice - Abstract
Corruption is a serious threat to the stability and security of societies, undermining institutions and democratic values, ethical principles, and justice, as well as sustainable development and the rule of law. It manifests itself in many ways and in a multitude of contexts, affecting almost all human rights, including economic and social rights (i.e., the right to work, the right to food, the right to housing, the right to health, the right to education, the right to public services, the right to development), as well as civil and political rights (i.e., the right to equality and non-discrimination, the right to political participation, the right to an effective remedy and to a fair trial). In this perspective, starting from an examination of the direct and negative impact of corruption on the enjoyment of human rights (Section 1), the analysis that follows focuses on the obligations of States to respect, promote, and above all, protect human rights (i.e., take all necessary measures to ensure their full enjoyment) (Section 2), traces the ECtHR’s most incisive pronouncements on violations of individual guarantees in the context of corruption (Section 3), and highlights the crucial role of the Court’s case law in defining more effective, preventive, and punitive measures against corruption (Section 4). [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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