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.”

10 items found, showing 1 - 10

Global Norms Formation

Author: Stephen Krasner
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"International regimes are defined as principles, norms, rules, and decision making procedures around which actor expectations converge in a given issue-area. As a starting point, regimes have been conceptualized as intervening variables, standing between basic causal factors and related outcomes and behavior. There are three views about the importance of regimes: conventional structural orientations dismiss regimes as being at best ineffectual; Grotian orientations view regimes as an intimate component of the international system; and modified structural perspectives see regimes as significant only under certain constrained conditions. For Grotian and modified structuralist arguments, which endorse the view that regimes can influence outcomes and behavior, regime development is seen as a function of five basic causal variables: egoistic self-interest, political power, diffuse norms and principles, custom and usage, and knowledge."

Krasner, Stephen D. "Structural Causes and Regime Consequences: Regimes as Intervening Variables." International Organization 36, no. 2 (1982): 185-205. http://www.jstor.org/stable/2706520.

Author: ARTICLE 19, Centre for Law and Democracy, The United Nations (UN) Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information in Africa
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The Declaration, adopted by the specialized mandates tasked with protecting Freedom of Expression at the UN, OAS, OSCE, and African Commission, was drafted in cooperation with ARTICLE 19 and the Centre for Law and Democracy. The Declaration “outlines the interrelationship and interdependency of media freedom and democratic values, and the critical role of media freedom in enabling and sustaining democratic societies.” In the three sections that follow, the Declaration focuses on the role of states, calling for state actors to protect journalists and media diversity, refrain from press freedom violations, and provide economic support to the media. In its recommendations for online platforms, the Declaration emphasizes human rights standards, transparency, risk mitigation, and fair compensation. Finally, it addresses the media sector and stresses the importance of professional and ethical conduct.

The United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe Representative on Freedom of the Media, the Organization of American States Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information in Africa. 2023 Joint Declaration on Media Freedom and Democracy. May 2, 2023. https://www.article19.org/wp-content/uploads/2023/05/2023-Joint-Declaration-on-Media-Freedom-and-Democracy.pdf

Author: Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
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The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) published guidelines tailored for the use of digital platforms at the time of elections. They aim to both mobilize the platforms’ positive potential and combat the spread of disinformation, hate speech, and online gender-based violence, among other possible harms. The Guidelines were adopted by the General Assembly of the Association of African Election Authorities in Cotonou, Benin, on 3 November 2023 and represent a “crucial normative framework” for the continent. Emphasizing obligations to preserve the rights to equality and non-discrimination, free and fair elections, freedom of expression, access to information, freedom of assembly, rights to privacy and remedy, protection of women’s rights, as well as ethnic, cultural, and linguistic rights, the Guidelines directly address states, election management bodies, social media, regulatory bodies, political parties, “African traditional institutions and religious bodies,” civil society, and journalists. The Guidelines are in Arabic, English, French, and Portuguese.

Collaboration on International ICT Policy for East and Southern Africa (CIPESA). 2024 the Year of Democracy: African Electoral Authorities Release Guidelines for Social Media Use. Kampala: CIPESA, 2024. https://www.elections.org.za/content/Documents/Event-materials/2024-Principles-and-Guidelines-for-the-Use-of-the-Digital-and-Social-Media-in-Elections-in-Africa/Principles-and-Guidelines-for-the-use-of-Digital-and-Social-Media-in-Elections-in-Africa/

Author: Center for Law and Democracy
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Executive Summary: This Guide provides an overview of how international law can be used to inform domestic litigation, with a focus on the issue of freedom of expression. After providing a brief overview of the sources of applicable international law norms, it provides an overview of how different jurisdictions give effect to international norms while offering practical tips for deciding how and when to invoke those norms. The Guide then describes the ways international standards can be used as a tool to inform statutory and constitutional interpretation. The Guide concludes that although different legal traditions have adopted varied approaches to incorporating international norms domestically, regardless of how this is done, international standards can play a meaningful role in domestic human rights litigation.

Center for Law and Democracy. A Guide On Using International Freedom Of Expression Norms In Domestic Courts. July 2022. https://www.law-democracy.org/live/wp-content/uploads/2022/07/Guide-to-International-Law-2022.FINAL_.pdf

Author: Laura Winninger
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Access Now published a report that explains what role internet shutdowns and service disruptions play in the investigations of international crimes. With the case law on international criminal liability in relation to internet shutdowns and service disruptions being meager, Access Now highlights one ruling only - the 2011 ICC Pre-Trial Chamber I decision in the Situation in Libya case - and marks the decision’s significance as the ICC acknowledged shutdowns' relevance. Yet, the report notes the decision is “insufficient to deter authorities from shutting down internet and telecommunications services during conflicts and civil unrest.” Access Now calls on “courts with jurisdiction over international crimes (i) to examine the precedent set by the ICC Pre-Trial Chamber I in the Situation in Libya, and (ii) to give due consideration to shutdowns and disruptions of internet and telecommunications services in evaluating the cases brought before them.

Laura Winninger. Legal Explainer: Internet and Telecommunications Shutdowns in the Assessment of International Crimes. Access Now, 2024. https://www.accessnow.org/wp-content/uploads/2024/02/Shutdowns-and-ICL-Legal-Explainer.pdf 

Author: Association for Progressive Communications (APC)
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The Association for Progressive Communications (APC) presents its submission to the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI). The IE SOGI’s thematic report for the UN Human Rights Council’s 56th session will explore how freedom of expression, freedom of assembly, and freedom of association rights “relate to protection against violence and discrimination based on sexual orientation and gender identity.” The APC submission focuses on the digital sphere and includes inputs from civil society activists and organizations that review the following countries: India, Paraguay, Uganda, Botswana, Rwanda, South Africa, Indonesia, and Türkiye. Underscoring that “violence and discrimination initiated offline can be aggravated and perpetrated online, and vice versa,” the submission concludes with recommendations to governments and tech companies.

Association for Progressive Communications (APC). APC submission on protection against violence and discrimination based on sexual orientation and gender identity, in relation to the human rights to freedom of expression, association and assembly. February 2024. https://www.apc.org/sites/default/files/apc_ie_sogi_submission_2024.pdf

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/