Meaning a Global Perspective

Meaning of a Global Perspective

A global perspective on freedom of expression borrows from different disciplines and theories, including international law, global norms formation, comparative jurisprudence and international legal pluralism. As such, it covers the international institutions, treaties, soft law and jurisprudence underpinning international free speech standards. It includes analyses of national constitutions, laws and jurisprudences to identify convergence and conflicts across jurisdictions. It focuses on the extent to which global norms of freedom of expression have emerged and cascaded around the world and the actors and forces responsible for it. Finally, a global perspective on freedom of expression is predicated on the notion that multiple legal orders support judicial dialogues but the existence of a “global village of precedents.”

9 items found, showing 11 - 9
Author: Nani Jansen Reventlow
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“The General Data Protection Regulation (GDPR) imposes important transparency and accountability requirements on different actors who process personal data. This is great news for the protection of individual data privacy. However, given that “personal information and human stories are the raw material of journalism,” what does the GDPR mean for freedom of expression and especially for journalistic activity? This essay argues that, although EU states seem to have taken their data protection obligations under the GDPR seriously, efforts to balance this against the right to freedom of expression have been more uneven. The essay concludes that it is of key importance to ensure that the GDPR's safeguards for data privacy do not compromise a free press.”

Reventlow, Nani Jansen. “Can the GDPR and Freedom of Expression Coexist?”. AJIL Unbound 114 (2020): 31-34.

Author: Vera Slavtcheva-Petkova, Jyotika Ramaprasad, Nina Springer, Sallie Hughes, Thomas Hanitzsch, Basyouni Hamada, Abit Hoxha, Nina Steindl
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The article published in Digital Journalism, responds to the variety of threats that journalists are subjected to - surveillance, cyberattacks, gendered targeting, hate speech, and many others. The article offers an interdisciplinary framework of journalists’ safety, summarizing it in a conceptual model. The authors look at journalists’ safety through two dimensions: 1) personal (physical, psychological) and 2) infrastructural (digital, financial). The authors see safety on objective and subjective levels and argue “[i]t is moderated by individual (micro), organizational/institutional (meso), and systemic (macro) risk factors, rooted in power dynamics defining boundaries for journalists’ work, which, if crossed, result in threats and create work-related stress.” The article then examines the consequences of work-related stress: While in an ideal scenario stress leads to resilience, compromised safety can provoke journalists’ “exit from the profession” and thus undermine journalism as an institution. 

 

Vera SlavtchevaPetkova, Jyotika Ramaprasad, Nina Springer, Sallie Hughes, Thomas Hanitzsch, Basyouni Hamada, Abit Hoxha & Nina Steindl (2023) Conceptualizing Journalists’ Safety around the Globe, Digital Journalism, 11:7, 1211-1229, DOI: 10.1080/21670811.2022.2162429

Author: John Ruggie
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"Constructing the World Polity brings together in one collection the theoretical ideas of one of the most influential International Relations theorists of our time. These essays, with a new introduction, and comprehensive connective sections, present Ruggie's ideas and their application to critical policy questions of the post-Cold War international order. Themes covered include:* International Organization. How the 'new Institutionalism' differs from the old. The System of States. Explorations of political structure, social time, and territorial space in the world polity. Making History. America and the issue of 'agency' in the post-Cold Was era. NATO and the future transatlantic security community. The United Nations and the collective use of force."

John Ruggie. Constructing the World Polity: Essays on International Institutionalization. London: Routledge, 1998.

Author: AccessNow, Marwa Fatafta, Eliska Pirkova
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The Declaration jointly developed by Access Now, ARTICLE 19, Mnemonic, the Center for Democracy and Technology, JustPeace Labs, Digital Security Lab Ukraine, Centre for Democracy and Rule of Law (CEDEM), and the Myanmar Internet Project, sets out guidelines to help platforms protect human rights before, during, and after a crisis. The motivation for the Declaration stemmed from an understanding that “[i]n situations of armed conflicts and other crises, people use social media and messaging platforms to document human rights abuses or war crimes, access information, mobilize for action, and crowdsource humanitarian assistance. But governments and other actors leverage these same platforms to spread disinformation and hate speech, incite violence, and attack or surveil activists, journalists, and dissidents.” The partner organizations hope that the Declaration will help “advance consistent and rights-respecting principles for companies to respond appropriately to crises and meet their obligations and responsibilities under international human rights law.”

AccessNow, Declaration of principles for content and platform governance in times of crisis. 29 November 2022. https://www.accessnow.org/new-content-governance-in-crises-declaration/

Author: United Nations General Assembly
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"The present report is submitted pursuant to General Assembly resolution 76/227. In it, the Secretary-General describes the challenges posed by disinformation and the responses to it, sets out the relevant international legal framework and discusses measures that States and technology enterprises reported to have taken to counter disinformation. The Secretary-General notes that countering the different manifestations of disinformation requires addressing underlying societal tensions, fostering respect for human rights, online and offline, and supporting a plural civic space and media landscape."

UN, General Assembly. Report of the Secretary-General. Countering disinformation for the promotion and protection of human rights and fundamental freedoms. A/77/287. 12 August 2022. https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/459/24/PDF/N2245924.pdf?OpenElement

Author: School of Public Policy at Central European University, David Kaye
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“In this public talk hosted by the Center for Media, Data and Society at the CEU School of Public Policy, UN Special Rapporteur David Kaye discussed global threats to freedom of expression. He was introduced by Sejal Parmar, Assistant Professor at the CEU Department of Legal Studies. The agenda of the talk and themes discussed in his lecture and in the ensuing Q&A spanned the following: global threats to freedom of expression; how to promote protective measures to free speech, hate speech and access to information; protection of whistleblowers; role and liability of intermediaries and social media companies; surveillance; digital security; transparency; the Bernstein case, Apple v. FBI; code speech; different national security measures on freedom of expression, and the UN standard on the issue; Facebook posts as reasons for prosecution for incitement; Article 19; the right to be forgotten; content discrimination in relation to freedom of expression; Article 19 to promote government transparency and access to information; the Boycott, Divestment and Sanction Movement and its academic implications; academic freedom; how the Special Rapporteur prioritizes over requests and communications; and, contempt of court in relation to freedom of expression.”

School of Public Policy at Central European University, David Kaye. “David Kaye on the Global Challenges to Freedom of Expression”. 2016. https://www.youtube.com/watch?v=Mv5EqJMYXGQ.

Author: Office of the Special Rapporteur for Freedom of Expression, IACHR
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The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) published a thematic report on the digital age challenges to inclusion and public debate, focusing specifically on digital literacy and content moderation processes. Premised on the international human rights principles, the report offers normative guidance – in essence, a content governance framework – to states and other relevant actors “​​in promoting an internet that is truly accessible to all persons, without discrimination.” The report concludes with a list of recommendations, one of which urges states to adopt policies that tackle “hate speech or disinformation coming from public figures” but warns that “[s]uch policies should be aligned with international human rights standards, especially the three-part test of legality, legitimate aim, and necessity and proportionality.”

Office of the Special Rapporteur for Freedom of Expression, IACHR. Digital Inclusion and Internet Content Governance. July, 2024. OEA/Ser.L/V/II CIDH/RELE/INF.28/24. https://www.oas.org/en/iachr/expression/reports/Digital_inclusion_eng.pdf

Author: Jack M. Balkin
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“In this essay, Professor Balkin argues that digital technologies alter the social conditions of speech and therefore should change the focus of free speech theory, from a Meiklejohnian or republican concern with protecting democratic process and democratic deliberation, to a larger concern with protecting and promoting a democratic culture. A democratic culture is a culture in which individuals have a fair opportunity to participate in the forms of meaning-making that constitute them as individuals. Democratic culture is about individual liberty as well as collective self-governance; it concerns each individual’s ability to participate in the production and distribution of culture. Balkin argues that Meiklejohn and his followers were influenced by the social conditions of speech produced by the rise of mass media in the twentieth century, in which only a relative few could broadcast to large numbers of people. Republican or progressivist theories of free speech also tend to downplay the importance of nonpolitical expression, popular culture, and individual liberty. The limitations of this approach have become increasingly apparent in the age of the Internet. By changing the social conditions of speech, digital technologies lead to new social conflicts over the ownership and control of informational capital. The free speech principle is the battleground over many of these conflicts. For example, media companies have interpreted the free speech principle broadly to combat regulation of digital networks and narrowly in order to protect and extend their intellectual property rights. The digital age greatly expands the possibilities for individual participation in the growth and spread of culture, and thus greatly expands the possibilities for the realization of a truly democratic culture. But the same technologies also produce new methods of control that can limit democratic cultural participation. Therefore, free speech values – interactivity, mass participation, and the ability to modify and transform culture – must be protected through technological design and through administrative and legislative regulation of technology, as well as through the more traditional method of judicial creation and recognition of constitutional rights. Increasingly, freedom of speech will depend on the design of the technological infrastructure that supports the system of free expression and secures widespread democratic participation. Institutional limitations of courts will prevent them from reaching the most important questions about how that infrastructure is designed and implemented. Safeguarding freedom of speech will thus increasingly fall to legislatures, administrative agencies, and technologists.”

Balkin, Jack. “Digital Speech and Democratic Culture: A Theory of Freedom of Expression for the Information Society”. New York University Law Review 79, no. 1 (2004).

Author: East African Court of Justice (EACJ)
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The East African Court of Justice (EACJ) offers a guide to the registry and court users - East Africans and everyone interested in the EACJ. Arranged in a Q&A format, the guide provides answers to more than forty questions, such as “Why is the East African Court of Justice needed?”, “Who may appear or be represented before the Court?”, and “What are the Form and Content of the Court’s Judgments, Rulings, Decisions, Decrees and Orders?”. The guide starts by explaining the Treaty that established the East African Community (EAC), the Treaty’s objectives, and principles. The guide then covers the EACJ’s structure, the scope of its jurisdiction, and the court’s access, trial, and appeal procedures. The guide concludes with a glossary of legal terms as per the meanings assigned to them by the EAC Treaty.

East African Court of Justice (EACJ). Registry / Court Users Guide. EACJ: Arusha, 2023. https://www.eacj.org/wp-content/uploads/2023/07/User-Guide.pdf