Why Freedom of Expression Matters: Making a Case for Freedom of Expression (1)
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard explores why freedom of expression and information matters, and the values and principles that are established through free speech. Specifically this video explores two interrelated free speech theories: 1) personal autonomy and 2) the search for truth
Why Freedom of Expression Matters: Making a Case for Freedom of Expression (2)
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard explores why freedom of expression and information matters, and the values and principles that are established through free speech. Specifically this video explores two arguments in support of freedom of expression: 1) Builds Tolerance and 2) Essential to a Self Governing Society
Supplementary Video: Interview with Columbia University President Lee C. Bollinger on the US Presidential Race and the Social Cost of Tolerance
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard interviews Lee Bollinger, First Amendment scholar, and president of Columbia University on the US Presidential Race (2016) and the Social Cost of Tolerance
Why Freedom of Expression Matters: Democracy and Development
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard explores how the various free speech theories have been integrated in a number of global public policy initiatives.
L. Bollinger: General Tolerance Theory | Making a Case for Freedom of Expression
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard explores why freedom of expression and information matters, and the values and principles that are established through free speech. In this video Dr. Agnes Callamard interviews Lee C. Bollinger, First Amendment scholar, and president of Columbia University. President Bollinger explains his work 'The Tolerant Societ'y where he argues that free speech establishes tolerance.
Mishi Choudhary: Internet Neutrality: FoE in the Digital Age
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Mishi Choudhary explains the concept of net neutrality
Catalina Botero: The Inter-American Court System
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Catalina Botero gives a brief explanation of the Inter-American Human Rights System and mention some of the most emblematic freedom of expression cases of the Inter-American Court of Human Rights.
The Inter-American Convention on Human Rights and Freedom of Expression (Article 13)
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard focuses on the system of protection of freedom of expression in the Americas, South, Central, and North America. Callamard reviews the circumstances of its establishment, the specificities of the protection system, and the institution that are insuring the implementation of the commitment to freedom of expression. Callamard explains that the Inter-American system has probably become the most effective system of protection for freedom of expression, both in theory and in practice.
Dirk Voorhoof: Freedom of Expression and Information and the European Human Rights System
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, professor Dr. Dirk Voorhoof from Ghent University, Belgium addresses how is freedom of speech, freedom of expression, guaranteed under the European human rights system
H2O
"H2O offers a platform for making and sharing open-licensed casebooks and other course materials online. It was created originally by the Berkman Klein Center for Internet and Society. It's developed and maintained toeday by the Library Innovation Lab at the Harvard Law School Library.... H2O allows professors to freely develop, remix, and share online textbooks under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License (per the Terms of Service). H2O is based on the open-source model: instead of locking down materials in formalized textbooks, we believe that course books can be free (as in “free speech”) for everyone to access and, just as important, build upon. Currently, H2O is geared primarily toward law professors, though the platform can be used across intellectual domains."
The European Convention and Freedom of Expression (Article 10)
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard starts looking at how the systems of protection for human rights and freedom of expression in particular have been established at regional level, beginning with Europe.
The African Convention of Human and People’s Rights
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard focuses on how Africa followed suit adopting its own provision for the protection of freedom of expression and establishing a number of institution responsible for overseeing state compliance of their commitment.
Post WW2: The UDHR & FoE&I | International Norms on Freedom of Expression
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard focuses on the emergence of the International Human Rights System immediately after the end of World War Two. Callamard shows that freedom of expression and information was central to this construction and to the vision for humanity behind the Universal Declaration for Human Rights and indeed behind the establishment of the United Nations.
Article 19 of the International Covenant | International Norms on FoE
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard reviews the international context which presided over the development and adoption of the ICCPR, the International Covenant on Civil and Political Rights, and the various debates which characterized the drafting of the provision related to freedom of expression. Callamard also explains two additional institutions which have made the ICCPR a particularly important tool for the protection of human rights and freedom of expression in particular.
Intermediary Liability: FOE in the Digital Age
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard reviews the role of internet intermediaries on the realization and protection of freedom of expression. Callamard first defines what she means by intermediaries and then illustrates their role in the online world and in particular in the realization of freedom of expression. This segment seeks to answer one central question. How responsible are intermediaries for online content produced or posted by others?
Human rights and encryption
The report “provides an overview of encryption technologies and their impact on human rights. It analyzes in-depth the role of encryption in the media and communications landscape, and the impact on different services, entities and end users. It highlights good practices and examines the legal environment surrounding encryption as well as various case studies of encryption policies. Built on this exploration and analysis, the research provides recommendations on encryption policy that are useful for various stakeholders.”
Hate Speech and Incitement to Violence Against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas
This section of a larger report on Violence against LGBTI persons “provides an overview of the Inter-American legal framework concerning hate speech and incitement to violence. This section also identifies and analyses various non-legal measures and good practices that can contribute to prevent and counter hate speech. The overall goal of this section is to establish the basis for an understanding of the scope of hate speech and allow for the development and implementation of effective responses. This report primarily addresses the obligations of States, but additionally examines the significant role that media can play in the implementation of varied strategies to prevent and combat hate speech.”
Global survey on internet privacy and freedom of expression
The report “seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic.”
General principles on protecting civic space and the right to access resources
"This document summarizes three general principles under international human rights norms and standards regarding the ability of civil society to seek, receive and use resources. The left hand column provides arguments supporting specific aspects of each principle, while the right hand column provides the legal basis or background for the argument. Where relevant, hyperlinks are provided to original sources."
General Comment No. 34
The UN Human Rights Committee adopted (102nd Session) General Comment 34 on States parties' obligations under Article 19 of the ICCPR: Freedoms of opinion and expression (CCPR/C/GC/34). The General Comment provides guidance to States on what the freedoms of opinion and expression mean in practice. Among others, the General Comment refers to: Freedom of expression and the media; Right of access to information; Freedom of expression and political rights; The application of article 19 (3); Limitative scope of restrictions on freedom of expression in certain specific areas; The relationship between articles 19 and 20.
Freedom of expression toolkit: a guide for students
"The Freedom of Expression Toolkit is UNESCO’s contribution to freedom of expression and it is written with upper high school students in mind. The Toolkit covers the major concepts and issues and it is written in an easy to understand, conversational manner.” Among other, it aims to answer the following questions: What is freedom of Expression and why does it matter? When is freedom of expression at risk? What are the conditions needed for freedom of expression? What is the special role of journalism and journalists in freedom of expression? What about freedom of expression online? What are the limitations?"
Freedom of Expression Standards for Free and Inclusive Broadcasting
“This publication shows the guidelines that have been developed by the Inter-American Court and the Inter-American Commission and the Office of the Special Rapporteur for Freedom of Expression, regarding the need for an adequate regulation of the radioelectric spectrum to ensure free, independent, vigorous, plural, and diverse broadcasting, to insure, as a result, the greatest circulation of information and opinions.”
Freedom of expression and the internet (video)
Video summarizing the report "Freedom of Expression and Internet". The report “includes a systematization of standards aimed at promoting respect for freedom of expression on the Internet. This report analyzes best practices in this field, along with applicable international doctrine and jurisprudence.” It includes an explanation of: the Guiding Principles (Universal Access, Pluralism, Non-discrimination, Privacy); Net neutrality; Access to the Internet; Legislative limitations and subsequent liability: Standards of legitimacy and deliberative factors for resolving online rights conflicts; Filters and blocking; Intermediaries; Cybersecurity, privacy, and freedom of expression (Cybersecurity, Privacy, Internet communications surveillance); and, Principles for the protection of freedom of expression through multisector participation in Internet governance.
Freedom of Expression and Internet
The report “includes a systematization of standards aimed at promoting respect for freedom of expression on the Internet. This report analyzes best practices in this field, along with applicable international doctrine and jurisprudence.” It includes an explanation of: the Guiding Principles (Universal Access, Pluralism, Non-discrimination, Privacy); Net neutrality; Access to the Internet; Legislative limitations and subsequent liability: Standards of legitimacy and deliberative factors for resolving online rights conflicts; Filters and blocking; Intermediaries; Cybersecurity, privacy, and freedom of expression (Cybersecurity, Privacy, Internet communications surveillance); and, Principles for the protection of freedom of expression through multisector participation in Internet governance.
Freedom of connection, freedom of expression: the changing legal and regulatory ecology shaping the Internet
The report “provides a new perspective on the social and political dynamics behind the threats to expression. It develops a conceptual framework on the ‘ecology of freedom of expression’ for discussing the broad context of policy and practice that should be taken into consideration in discussions of this issue.”
FOAA Online! The right to freedom of association
"The purpose of FOAA Online! is to provide easily accessible legal arguments to assist lawyers, activists and judges involved in freedom of peaceful assembly and freedom of association (FOAA) cases. The site is organized per thematic topic or sub-question in order to direct users as straightforwardly as possible to relevant legal arguments. The FOAA Q&A assists users to link actual facts and incidents to pertinent legal questions. The website focuses on the most widespread issues experienced by those exercising their FOAA rights around the world." To see FOAA Online! in its native Web format, go to: http://freeassembly.net/foaa-online
Dirk Voorhoof: European Court: Whistleblower and Journalist Sources
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Dirk Voorhoff illustrates by referring to some judgments how the European Court have succeeded to protect whistleblowers, to protect investigative journalists, to protect sources of journalists, also in areas which are normally considered very sensitive and very difficult to create transparency.
Dirk Voorhoof: ECtHR, Görmüş v. Turkey
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Dirk Voorhoff explains the European Court of Human Righsts case Görmüş v. Turkey and illustrates how the approach by the Court is consistent in protecting whiste-blowers, investigative journalism and protection of journalistic sources.
Free Speech in an Economic Perspective
Posner offers an economic model by which to evaluate the costs and benefits of regulation in speech cases.
Free Speech and its Relation to Self-Government
Discussing the relationship between the right to free speech and democracy.
Fostering freedom online: the role of internet intermediaries
The report “aims to shed light on how intermediaries – services that mediate online communication and enable various forms of online expression – both foster and restrict freedom of expression across a range of jurisdictions, circumstances technologies, and business models."
Freedom of Expression Online: FOE in the Digital Age
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard focuses on the impact of Internet and the information technology on the realization and protection of freedom of expression. In this first segment, Callamard introduces some of the challenges that Internet has created for the protection of free speech. Callamard highlights four of them: 1) the tension between the borderless nature of Internet and national sovereignty; 2) the impact of media convergence on medium specific regulation; 3) the responsibility or reliability of all the actors involved with the production and circulation of information; and 4) the global governance of Internet.
Countering online hate speech
The report “provides a global overview of the dynamics characterizing hate speech online and some of the measures that have been adopted to counteract and mitigate it, highlighting good practices that have emerged at the local and global level. It also places particular emphasis on social and nonregulatory mechanism that can help to counter the production, dissemination and impact of hateful messages online.”
Censorship by Proxy and other Implications: FOE in the Digital Age
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard will highlight the implications of the liability of intermediaries on the realization of the right to freedom of expression. Callamard will focus, in particular, on the concept of censorship by proxy, or the privatization of censorship through the role and the functions of intermediaries. What is the significance of these various liability regimes for free speech? How may they interfere with the realization of my and your freedom of expression and information? These are the two questions I will try to answer in the remaining of that segment.
Building digital safety for journalism: A survey of selected issues
The report “serves as a resource for a range of actors in examining cases worldwide to secure the digital safety of journalists, including surveys on evolving threats, and assessment of preventive, protective and preemptive measures. It also gives an overview of actors and initiatives working to address digital safety, as well as identifying gaps in knowledge that call for awareness-raising.”
Aeropagitica
This is a polemical tract in defence of press freedoms, and free speech generally, on philosophical grounds.
Are Bloggers Journalists?: FOE in the Digital Age
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard will consider the implications of the transformation of the news and opinion reporting business. Internet and social media have largely increased the number of people involved in activities which, until recently, have been the prerogative of the media industry. Bloggers and citizen journalists have made their marks as reporters, opinion leaders, trend setters. Does this mean that they are, for all instance and purposes, journalists? And, indeed, who is a journalist in 2016? This segment will attempt to answer this question by considering the evolving standard and jurisprudence on the topic alongside the practice and governmental actions.
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism. Advisory Opinion OC-5/85
“[T]he Government of Costa Rica […] submitted to the Inter-American Court of Human Rights […] an advisory opinion request relating to the interpretation of Articles 13 [Freedom of thought and expression] and 29 [Restrictions Regarding Interpretation] of the American Convention on Human Rights […] as they affect the compulsory membership in an association prescribed by law for the practice of journalism […]. The request also sought the Court's interpretation relating to the compatibility of Law No. 4420 of September 22, 1969, Organic Law of the Colegio de Periodistas (Association of Journalists) of Costa Rica […], with the provisions of the aforementioned articles.”
Access to Information, Violence against Women, and the Administration of Justice
The report "endeavors to offer an initial account of the challenges faced by women in the Americas in adequately accessing State-controlled information on violence and discrimination. At the same time, it seeks to systematize the international standards that have been developed in the Inter-American system on this subject, and to identify good practices in the region with regard to the application of and compliance with those standards."
Access to Information on Human Rights Violations
This chapter addresses the thesis that under any circumstances, but especially in processes of transition to democracy, victims and their relatives have the right to know information related to serious violations of human rights contained in the State's archives. In addition, while explaining the different state obligations, it discusses the incorporation of those international standards in the case Gomes Lund et al (Guerrilha do Araguaia). v. Brazil issued by the Inter-American Court.
Joint Declaration on Access to Information and Secrecy Legislation
Joint Declaration on Access to Information and Secrecy Legislation
Sandra Coliver: Access to Government-Held Information
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Sandra Coliver talks about the right of access to information, its history, its basis in international law, some of the main elements of the right, and some of the main controversies.
Freedom of Expression and Information in the Time of Globalization: Advanced Course
Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. This Advanced Course will focus on the multiple challenges brought about by the technology revolution of the last two decades. On one hand, it has given the world the means to realize its commitment to freedom of information without frontiers. Technology has shaped, reshaped, and radically transformed the production and distribution of information, profoundly impacting whole societies and greatly influencing, if not defining, information and communication. On the other hand, it has also precipitated or heightened a range of normative, regulatory and political issues related to the protection of freedom of expression, on and off line. This course will examine the complex, and often awkward, interplay of global information flows with national jurisdiction and state sovereignty, and what it means for the realization of a borderless vision for the right to freedom of expression.
Freedom of Expression and Information in the Time of Globalization: Foundational Course
Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?
Nani Jansen: The African Court System: Significant Cases
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Nani Jansen explains some significant cases filed before the African Court of Human and Peoples’ rights (Konaté v. Burkina Faso), the East African Court of Justice ( Burundi Journalists Union v. The Attorney General of the Republic of Burundi) and at the ECOWAS Community Court of Justice ( Federation of African Journalists (FAJ) and others v. The Gambia).
Catalina Botero: Role of the IACHR's Special Rapporteur for Freedom of Expression
In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Catalina Botero explains what is the role of the Special Rapporteur on Freedom of Expression in the defense of the freedom of expression in the Americas
Background and Interpretation of the Declaration of Principles
In October 2000, following debates among different civil society organizations, and in support of the Office of the Special Rapporteur for Freedom of Expression, the Inter-American Commission on Human Rights approved the Declaration of Principles on Freedom of Expression. The Declaration constitutes a basic document for interpreting Article 13 of the American Convention on Human Rights. In light of the importance of these principles, the Commission also published an interpretation of the principles set forth in the Declaration.
Acting on UN Human Rights Council Resolution 33/2 on the Safety of Journalists
This guide explains what States are required to do regarding safety of journalists according to UN Human Rights Council Resolution 33/2 .The guide explains the three fronts (prevention, protection, and prosecution) States are committed to work on in order to break the cycle of violence against journalists.
A Thinker-Based Approach to Freedom of Speech
"Many contemporary autonomy theories of freedom of speech champion the perspective and freedom of just one side of the communicative relation—usually, the speaker or the listener(s). Such approaches seem to neglect or subordinate the autonomy interests of the other relevant parties. Other autonomy theories do not privilege one perspective on the communicative relation over another, but strangely treat the speakers’ interests and the listeners’ autonomy interests as rather discrete entities—disparate constituents both demanding our attention. Both strands gloss over a source of justification for free speech that both connects the two perspectives and recognizes the wider foundations that underpin their value (by contrast with the more narrow connections drawn between them by democracy theories). Specifically, both approaches celebrate one or more external manifestations of thought but do not focus on the source of speech and cognition—namely the thinker herself—and the conditions necessary for freedom of thought. I submit that a more plausible autonomy theory of freedom of speech arises from taking the free thinker as the central figure in a free speech theory. We should understand freedom of speech as, centrally, protecting freedom of thought."
A Healthy Knowledge: The Right to Information and the Right to Health
"As human rights, the right to information and the right to health are inextricably connected. This ARTICLE 19 policy brief examines the policy implications of states’ international human rights obligations relating to the two rights. The brief sets out the relationship between the right to information and the right to health, specifically examining how the right to information is relevant to the right to health; it examines the international legal frameworks on the right to information and the right to health respectively; it highlights the nexus between these rights in practice, identifying key features of a legal and policy framework and recommendations for the promotion of the right to health through the right to information which states should establish; it identifies particular issues concerning the protection of maternal health and, finally, it concludes with a set of recommendations directed at state and nonstate actors on the protection of the right to information and the right to health."
The Inter-American Legal Framework Regarding the Right to Freedom of Expression
“The objective of this publication is to present inter-American jurisprudence that defines the scope and content of this right in a systematic and updated way. Among the most important topics it highlights: the importance, function, and characteristics of the right to freedom of expression, as well as the types of speech protected; the prohibition of censorship and indirect restrictions; the protection of journalists and social communications media; the exercise of freedom of expression by public officials; and freedom of expression in the area of electoral processes.”
Declaration of Principles on Freedom of Expression
In October 2000, following extensive debates among different civil society organizations, and in support of the Office of the Special Rapporteur for Freedom of Expression, the Inter-American Commission on Human Rights approved the Declaration of Principles on Freedom of Expression. The Declaration constitutes a basic document for interpreting Article 13 of the American Convention on Human Rights.