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 21 - 10

Global Norms Formation

Author: Beth Simmons
Media Type Icon

"This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization."

Beth Simmons. Mobilizing for Human Rights: International Law in Domestic Politics. Cambridge: Cambridge University Press, 2009. doi:10.1017/CBO9780511811340

Author: Media Institute of Southern Africa (MISA)
Media Type Icon

How should states approach the regulation of AI to ensure the new technologies strengthen democracy rather than undermine it? Addressing this question, the Media Institute of Southern Africa (MISA) drafted an AI policy framework tailored for the states in the region. The document centers on the right to freedom of expression, drawing from Article 9 of the ACHPR, Article 19 of the UDHR, Article 19 of the ICCPR, and the right to privacy as it is enshrined in Article 12 of the UDHR and Article 17 of the ICCPR. MISA structures the framework in five parts, concluding with “Operationalisation of Human Rights and Ethics,” which breaks down several steps for states and companies to undertake for the protection of users’ rights.

Media Institute of Southern Africa (MISA). Model Regulatory Framework on AI & Machine Learning in Southern Africa. MISA, 2024. https://data.misa.org/entity/bydyiuwqyuw?file=1710943926955ikqne612ktl.pdf&page=1  

Author: Karl-Dieter Opp
Media Type Icon

Norms are a major focus of attention of all social sciences, particularly sociology, political science, economics, anthropology, and social psychology. The social sciences are interested in the empirical study of norms, whereas jurisprudence and philosophy (moral philosophy and deontic logic) address the question of what 'good' norms are and how normative reasoning can be formalized. This article addresses the most important issues in the empirical study of norms. We begin by outlining some basic facts about norms because explanations of norms should address these facts. Before proceeding further, it is useful to elaborate on the major dimensions of the norms concept that are found in the literature and to ask what norms definition is to be preferred. The next issue is how norms can be measured. The central theoretical questions are how norms originate and, if they exist, what effects they have. These questions are addressed in the last two sections of the article. Norms are a major focus of attention of all social sciences, particularly sociology, political science, economics, anthropology , and social psychology. The social sciences are interested in the empirical study of norms, whereas jurisprudence and philosophy (moral philosophy and deontic logic) address the question of what 'good' norms are and how normative reasoning can be formalized. The literature on norms is so vast that a short article on this subject has to be restrictive. The following sections address the most important questions of the study of norms. We begin by outlining some basic facts about norms because explanations of norms should address these facts. Before proceeding further, it is useful to elaborate on the major dimensions of the norms concept that are found in the literature and to ask what norms definition is to be preferred. The next issue is how norms can be measured. The central theoretical questions are how norms originate and, if they exist, what effects they have. These questions are addressed in the last two sections of the article. 

Karl-Dieter Opp. 2015. "Norms." in International Encyclopedia of Social and Behavioral Sciences, volume 17 (2nd edition), edited by J. D. Wright. Oxford: Elsevier.

Author: Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media
Media Type Icon

As part of the International Press Institute’s World Congress this year, the Office of the OSCE Representative on Freedom of the Media (RFoM) hosted a panel discussion on AI and its impact on media pluralism and public interest information. The list of speakers included Julia Angwin, investigative journalist, David Kaye, former UN Special Rapporteur on freedom of expression and opinion, and Damian Tambini, Distinguished Policy Fellow in the Department of Media and Communications at LSE. This outcome report recaps the discussion in the form of colorful post-its and a concise summary of key opportunities and challenges that Generative AI presents. The report concludes with recommendations for the OSCE RFoM, states, and other stakeholders, calling for more “research, analysis and multi-stakeholder engagement” that the rapid technological development demands.

Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media. Outcome Report: Addressing the Impact of Artificial Intelligence on Media Pluralism and Public Interest Information. OSCE, April 2024. https://www.osce.org/files/f/documents/7/b/567184.pdf

Author: Eliška Pírková, Agneris Sampieri, Aymen Zaghdoudi
Media Type Icon

Published by Access Now, this new report responds to states’ efforts to introduce platform regulation frameworks (like the EU’s Digital Services Act, for example). Many such laws aimed at regulating platforms turn into tools of oppression, as Access Now has documented extensively. To help ensure that policymakers seek platform accountability respecting international human rights standards and the rule of law, the report offers a checklist consisting of five principles: 1) Ensuring institutional checks and balances of state power; 2) Safeguarding an independent and impartial judiciary; 3) Establishing transparent and good governance; 4) Protecting and enabling free and safe civic space; 5) Establishing and adequately enforcing data protection principles before regulating online platforms.

Eliška Pírková, Agneris Sampieri, Aymen Zaghdoudi. Platform Accountability and Human Rights: A Rule-of-Law Checklist, Access Now, December 2024. https://www.accessnow.org/wp-content/uploads/2024/12/Platform-accountability-a-rule-of-law-checklist-for-policymakers-report-2024.pdf

Author: ARTICLE 19
Media Type Icon

ARTICLE 19’s newly published report is a three-part series on Queer Resistance to Digital Oppression in the Middle East and North Africa (MENA). It is based on the experiences of more than five thousand LGBTQI+ people from Algeria, Egypt, Iran, Jordan, Lebanon, Morocco, Sudan, and Tunisia. The research, conducted in cooperation with The De|Center and local experts, tackles two overarching questions: How do the authorities in the MENA region weaponize technology – from messaging and dating apps to social media – to target the LGBTQI+ community? And how can tech companies help protect the community and other marginalized groups? Part I of the report reviews the regional context, pointing to the laws that have enabled the oppression. Part II includes the findings from interviews, surveys, and focus groups and analyzes the “harrowing evidence of tech-enabled police and state violence against the LGBTQ community.” Part III lists recommendations for tech companies, outlining concrete ways through which the companies can fulfill their human rights obligations. 

ARTICLE 19. “Queer Resistance to Digital Oppression in the Middle East and North Africa.” Accessed July 31, 2024. https://www.article19.org/queer-resistance-to-digital-oppression/

This is a three-part report series. The following is available in pdf:

ARTICLE 19. Queer Communities in MENA Fighting for Better Tech Futures. Executive Summary. ARTICLE 19, July 2024. https://www.article19.org/wp-content/uploads/2024/07/LGBTQ-MENA-Exec-Summary-1.pdf 

ARTICLE 19. Legal, Social, and Political Context of Digital Oppression in MENA. Part I. ARTICLE 19, July 2024. https://www.article19.org/wp-content/uploads/2024/07/LGBTQ-MENA-Report-1-Background-1.pdf 

ARTICLE 19. MENA’s Tech-Enabled Targeting of Queer Communities: An Investigation. Part II. ARTICLE 19, July 2024. https://www.article19.org/wp-content/uploads/2024/07/LGBTQ-MENA-Report-2-Findings-1.pdf 

ARTICLE 19. Protecting MENA’s Queer Communities: Recommendations for Tech Companies. Part III. ARTICLE 19, July 2024. https://www.article19.org/wp-content/uploads/2024/07/LGBTQ-MENA-Report-3-Recommendations-1.pdf 


 

Author: John Ruggie
Media Type Icon

"This article examines the process of consensus formation by the international community on how to confront the problem of trafficking in persons. We analyze the corpus of UNGA Third Committee resolutions to show that (1) consensus around the issue of how to confront trafficking in persons has increased over time; and (2) the formation of this consensus depends on how the issue is framed. We test our argument by examining the characteristics of resolutions’ sponsors and discursive framing concepts such as crime, human rights, and the strength of enforcement language. We conclude that the consensus formation process in international relations is more aptly described as one of “accommodation” through issue linkage than a process of persuasion."

John Ruggie. Reconstituting the Global Public Domain — Issues, Actors, and Practices, European Journal of International relations, Volume: 10 issue: 4, December 2004, page(s): 499-531

Author: United Nations, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression (David Kaye)
Media Type Icon

“Algorithms and Artificial Intelligence (AI) applications are now a critical part of the information environment – they are found in every corner of the internet, on digital devices and in technical systems, in search engines, social media platforms, messaging applications, and public information mechanisms. In this report, the Special Rapporteur examines the impact AI on the information environment, and proposes a human rights framework for the design and use of technologies comprising AI by states and private actors. [In particular], it tries to do three things: define key terms essential to a human rights discussion about AI; identify the human rights legal framework relevant to AI; and present some preliminary recommendations to ensure that, as the technologies comprising AI evolve, human rights considerations are baked into that process. The report should be read as a companion to my most recent report to the Human Rights Council (A/HRC/38/35), in which a human rights approach to online content moderation was presented.”

UN, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. Report on Artificial Intelligence Technologies and Implications for Freedom of Expression and the Information Environment. A/73/348. August 2018. 

Author: Gender Apartheid Inquiry
Media Type Icon

The Gender Apartheid Inquiry, conducted by a Panel of UK Parliamentarians and the International Bar Association’s Human Rights Institute, seeks to investigate the situation for women and girls in Afghanistan and Iran and join the conversation on codifying gender apartheid. The Inquiry’s recently published report argues that while the Rome Statute includes the crime of gender persecution, “the experience of women and girls in Afghanistan and Iran, although different in some respects, requires a more accurate representation in law” due to the institutionalization and scale of oppression. The report reviews the states of education, employment, movement, expression, assembly, association, and access to justice for women and girls in the two countries. The Inquiry then examines the gender apartheid concept and considers legal avenues for codifying it.

Gender Apartheid Inquiry. Shattering Women’s Rights, Shattering Lives: Parliamentary Ad-Hoc Inquiry Into The Situation Of Women And Girls In Afghanistan And Iran. Gender Apartheid Inquiry, March 2024. https://www.ibanet.org/document?id=Gender-Apartheid-Inquiry-Report-March-2024

Author: Carnegie Council for Ethics in International Affairs, David Kaye
Media Type Icon

“The Internet was designed to be a kind of free-speech paradise, but it has also been used to incite violence, spread lies, and promote hate. Over the years, three American behemoths – Facebook, YouTube, and Twitter – became the way many people around the world experience the Internet, and therefore act as the conveyors of some of its most disturbing material. Who should decide whether content should be removed from platforms, or which users should be kicked off? Should the giant social media platforms police the content themselves, as is the norm in the U.S., or should governments and international organizations regulate the Internet, as many are demanding in Europe? How do we keep from helping authoritarian regimes to censor all criticisms of themselves? David Kaye is the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the global body’s principal monitor for freedom of expression issues worldwide. He is also a clinical professor of law and the director of the International Justice Clinic at the University of California, Irvine.”

Carnegie Council for Ethics in International Affairs, David Kaye. “Speech Police: The Global Struggle to Govern the Internet”. June 2019. https://www.youtube.com/watch?v=W6PDZ-o5Khg.