Conflict of Rights and Interests

Conflict of rights and interests

International human rights law suggests a “balance of rights” approach to assess the legitimacy of state restriction to freedom of expression. The resources on this Module survey the application of this test to various areas of conflict, such as defamation and national security. Readings cover various national practices, and jurisprudence, along with academic critiques.

10 items found, showing 1 - 10

Privacy

Author: IACmHR
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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.

OAS, IACmHR. Background and Interpretation of the Declaration of Principles. 108th regular period of sessions. 2-20 October 2000

Author: Toby Mendel, Centre for Law and Democracy
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"For many  years  now, an apparent  conundrum  has lurked just  beneath the  surface among European jurisdictions.  In  the Common Law countries – namely  the United Kingdom and  Ireland – full court decisions, including  the names of  the parties, are generally accessible  to  the public.  In  the  rest of Europe, governed by  the civil law, however, such decisions are normally published only with the names of the parties redacted. The apparent rationale for the former is the idea of open justice, while in the latter group of countries the idea of personal data protection reigns supreme."

Toby Mendel, Court Decisions in Georgia: How to Negotiate the Minefield Between Access and Respect for Privacy, Centre for Law and Democracy, March 2017.

Author: Kevin W. Saunders
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"Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in countries included on The Economist's list of fully functioning democracies. Generally speaking, other countries allow prohibitions on hate speech, limits on third-party spending on elections, and the protection of children from media influences seen as harmful. Many ban Holocaust denial and the desecration of national symbols. Yet, these other countries all remain democratic, and most of those considered rank more highly than the United States on the democracy index. This book argues that while there may be other cultural values that call for more expansive protection of expression, that protection need not reach the level present in the United States in order to protect the democratic nature of a country."

Saunders, Kevin W. Free Expression and Democracy: A Comparative Analysis. Cambridge: Cambridge University Press, 2017. doi:10.1017/9781316771129.

Author: UNESCO
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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.”

Dutton, William H. Freedom of connection, freedom of expression: the changing legal and regulatory ecology shaping the Internet. Paris: UN, UNESCO, 2011.

Author: Columbia Global Freedom of Expression
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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.

Author: UNESCO
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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.”

Schulz, Wolfgang and van Hoboken, Joris. Human rights and encryption. Paris: UN, UNESCO, 2012.

Author: Association for Progressive Communications
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"The Internet rights are human rights is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, and others with an interest in the issues, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work." The modules are: Introduction to Human rights, ICTs and the internet; Freedom of association and freedom of assembly; Freedom of expression and freedom of information;The right to privacy.

Association for Progressive Communications, Internet rights are human rights, 2013, http://www.itrainonline.org/itrainonline/mmtk/irhr.shtml 

Author: UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression
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"This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organized crime."

UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression. Joint Declaration on Freedom of Expression and Responses to Conflict Situations, May 4, 2015.

Author: ARTICLE 19, Privacy International
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"This scoping paper focuses on applications of ‘artificial narrow intelligence’: in particular, machine learning and its implications for human rights. The aim of the paper is fourfold: 1) Present key technical definitions to clarify the debate; 2) Examine key ways in which AI impacts the rights to freedom of expression and privacy and outline key challenges; 3) Review the current landscape of AI governance, including various existing legal, technical, and corporate frameworks and industry-led AI initiatives that are relevant to freedom of expression and privacy; and 4) Provide initial suggestions for rights-based solutions which can be pursued by civil society organisations and other stakeholders in AI advocacy activities.

Article 19, and Privacy International. Privacy and Freedom of Expression In the Age of Artificial Intelligence. London: Article 19, 2018. https://www.article19.org/wp-content/uploads/2018/04/Privacy-and-Freedom-of-Expression-In-the-Age-of-Artificial-Intelligence-1.pdf.

Author: UNESCO, Joseph A. Cannataci
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The report “examines the crucial challenges of balancing the fundamental rights to privacy and freedom of expression, and the related value of transparency, in an online context. Through an exploration of their boundaries and of the various modalities of reconciling and aligning these rights and values, the study analyzes the legal frameworks at play, specific cases, and interactions between multiple players. Built on the findings, it provides policy recommendations for key stakeholders.”

Joseph A. Cannataci. Privacy, free expression and transparency Redefining their new boundaries in the digital age. Paris: UN, UNESCO, 2016.