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 21 - 9
Author: Adam D. Moore
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“While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, the article argues that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, it argues that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of content to consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy.”

Moore, Adam. “Free Speech, Privacy, and Autonomy”. Social Philosophy and Policy 37, no. 2 (2021): 31-51.

Author: Scholars at Risk
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“Free to Think 2021 is the seventh installment of an annual report by SAR’s Academic Freedom Monitoring Project. The report analyzes 332 attacks on higher education communities in 65 countries and territories around the world between September 1, 2020 and August 31, 2021. Free to Think 2021 reflects a fraction of attacks on higher education that have occurred over the past year. These attacks demonstrate the range of tactics by diverse actors seeking to punish and silence scholars, students, and other members of higher education communities exercising their right to ideas. They discourage research, teaching, and discussion. They undermine universities, colleges, and research institutions attempting to provide solutions to problems that impact everyone, from COVID-19 to climate change. They impede the ability of higher education to help shape tomorrow’s leaders. We must defend against these attacks. We must strengthen and promote academic freedom and quality higher education. Our future depends on it. Scholars at Risk calls on states, higher education communities, and civil society around the world to respond to these attacks: to reject violence and coercion aimed at restricting inquiry and expression; to protect threatened scholars, students, and higher education institutions; and to reaffirm publicly their commitment to academic freedom and support for the principles that critical discourse is not disloyalty, that ideas are not crimes, and that everyone must be free to think, question, and share their ideas.”

Scholars at Risk. “Free to Think 2021: Report of Scholars at Risk Academic Freedom Monitoring Project”. 2021. https://www.scholarsatrisk.org/wp-content/uploads/2021/12/Scholars-at-Risk-Free-to-Think-2021.pdf.  

Author: Freedom House
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Global freedom declined for the 17th consecutive year.  Moscow’s war of aggression led to devastating human rights atrocities in Ukraine. New coups and other attempts to undermine representative government destabilized Burkina Faso, Tunisia, Peru, and Brazil. Previous years’ coups and ongoing repression continued to diminish basic liberties in Guinea and constrain those in Turkey, Myanmar, and Thailand, among others. Two countries suffered downgrades in their overall freedom status: Peru moved from Free to Partly Free, and Burkina Faso moved from Partly Free to Not Free.

The struggle for democracy may be approaching a turning point. The gap between the number of countries that registered overall improvements in political rights and civil liberties and those that registered overall declines for 2022 was the narrowest it has ever been through 17 years of global deterioration. Thirty-four countries made improvements, and the tally of countries with declines, at 35, was the smallest recorded since the negative pattern began. The gains were driven by more competitive elections as well as a rollback of pandemic-related restrictions that had disproportionately affected freedom of assembly and freedom of movement. Two countries, Colombia and Lesotho, earned upgrades in their overall freedom status, moving from Partly Free to Free.

While authoritarians remain extremely dangerous, they are not unbeatable. The year’s events showed that autocrats are far from infallible, and their errors provide openings for democratic forces. The effects of corruption and a focus on political control at the expense of competence exposed the limits of the authoritarian models offered by Beijing, Moscow, Caracas, or Tehran. Meanwhile, democratic alliances demonstrated solidarity and vigour.

Infringement on freedom of expression has long been a key driver of global democratic decline. Over the last 17 years, the number of countries and territories that receive a score of 0 out of 4 on the report’s media freedom indicator has ballooned from 14 to 33, as journalists face persistent attacks from autocrats and their supporters while receiving inadequate protection from intimidation and violence even in some democracies. The past year brought more of the same, with media freedom coming under pressure in at least 157 countries and territories during 2022. Scores for a related indicator pertaining to freedom of personal expression have also declined over the years amid greater invasions of privacy, harassment and intimidation, and incentives to self-censor both online and offline.

The fight for freedom persists across decades. When Freedom House issued the first edition of its global survey in 1973, 44 of 148 countries were rated Free. Today, 84 of 195 countries are Free. Over the past 50 years, consolidated democracies have not only emerged from deeply repressive environments but also proven to be remarkably resilient in the face of new challenges. Although democratization has slowed and encountered setbacks, ordinary people around the world, including in Iran, China, and Cuba, continue to defend their rights against authoritarian encroachment.

Author: ARTICLE 19
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“In this briefing paper, ARTICLE 19 outlines the importance of protecting women’s freedom of expression when tackling online harassment and abuse, setting out applicable international human rights standards, and how governments must act on this issue in a freedom of expression compliant way. ARTICLE 19 hopes that this briefing paper will offer clear answers to the question of how to strike the right balance between the protection of the right to freedom of expression and the protection of women’s rights as well as robust measures that States must adopt to promote and protect both rights.”

ARTICLE 19. “Freedom of Expression and Women’s Equality: Ensuring Comprehensive Rights Protection”. 2020. https://www.article19.org/wp-content/uploads/2020/10/Gender-Paper-Brief-1.pdf.

Author: Law Library of Congress
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“This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.”   

Law Library of Congress. “Freedom of Expression during COVID-19”. 2020. https://sgp.fas.org/eprint/foe-covid.pdf

Author: Eastern Partnership Civil Society Forum (Giselle Bosse, Moritz Höpner, and Alena Vieira)
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“Alongside the COVID-19 pandemic, the governmental restrictions related to it were a stress test for multiple areas related to human rights, including the freedom of speech and media plurality. Specifically, concerns have been raised over the respect of the freedom of expression, both for individuals and the media, in several Eastern Partnership countries. This analysis focuses on identifying positive and negative changes with regards to freedom of speech and media resulting from policies related to COVID-19, examining the role of media in providing reliable information about COVID-19, evaluating the role of digitalisation on independent media, and assessing the impact of the strengthened strategic communication and support for media in the implementation of the 20 Deliverables for 2020.”

Eastern Partnership Civil Society Forum (Giselle Bosse, Moritz Höpner, and Alena Vieira). “Freedom of Speech and Media Plurality in the Context of the COVID-19 Pandemic”. 2021. https://eap-csf.eu/wp-content/uploads/Freedom-of-Speech-and-Media-Plurality-Paper-2021.pdf.

Author: Freedom House
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“Freedom on the Net is an annual study of human rights in the digital sphere. The project assesses internet freedom in 70 countries, accounting for 88 percent of the world’s internet users. This report, the 11th in its series, covered developments between June 2020 and May 2021.” Its key findings are: “1) Global internet freedom declined for the 11th consecutive year; 2) Governments clashed with technology companies on users’ rights; 3) Free expression online is under unprecedented strain; 4) China ranks as the worst environment for internet freedom for the seventh year in a row; 5) The United States’ score declined for the fifth consecutive year; and, 6) State intervention must protect human rights online and preserve an open internet…[The uploaded report] is a summary of findings for the 2021 edition of Freedom on the Net. Narrative reports on the 70 countries assessed in this study can be found on our website at freedomonthenet.org.” 

Freedom House. “Freedom on the Net 2021: The Global Drive to Control Big Tech”. 2021. https://freedomhouse.org/sites/default/files/2021-09/FOTN_2021_Complete_Booklet_09162021_FINAL_UPDATED.pdf.

Author: Freedom House
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For the thirteenth year in a row, there has been a drop in internet freedom worldwide, with digital repression causing the largest decline in Iran. Myanmar was found to have the worst internet freedom conditions in the world, while President Rodrigo Duterte's use of an antiterrorism statute to restrict news sites critical of his administration made matters worse in the Philippines. After a presidential candidate whose campaign manager employed internet trolls to intimidate media outlets was elected, Costa Rica's reputation as a champion of internet freedom came under danger. Attacks on the right to free speech have become more widespread; out of the 70 nations that Freedom on the Net covers, 55 have reported facing legal consequences for online speech, and 41 have executed or killed individuals for their comments posted online.

With 47 governments using commenters to sway online debates, generative artificial intelligence (AI) poses a serious challenge to online disinformation tactics. Disinformation strategies have intensified as a result of the increased sophistication, accessibility, and ease of use of AI-based technologies. Governments have also improved and honed their online censorship strategies; in 22 countries, laws have been passed requiring or rewarding digital companies to use machine learning to filter out objectionable social, political, and religious content.

The defenders of democracy must apply the lessons they have learnt from previous internet governance issues to AI to preserve online freedom. AI has the potential to be a powerful tool for digital repression, increasing the efficiency, speed, cost-effectiveness, and ease of censorship, surveillance, and the production and dissemination of false information.

Freedom House. 'Freedom on the Net 2023: The Repressive Power of Artificial Intelligence'. 2023. https://freedomhouse.org/sites/default/files/2023-11/FOTN2023Final.pdf

Author: Article 19
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The Global Expression Report 2023 provides a comprehensive analysis of the state of freedom of expression worldwide. It assesses 161 countries using 25 indicators to assign each a score between 0 and 100, categorizing them into various levels of expression freedom: In Crisis (0-19), Highly Restricted (20-39), Restricted (40-59), Less Restricted (60-79), and Open (80-100).

Key findings include:

1. **Decline in Global Expression**: There has been a significant decline in freedom of expression globally. The Global Expression Score, the mean average of country scores, has dropped by 6 points since 2012. Even more concerning is the Human Score, weighted by population, which shows a 13-point decline over the same period.

2. **Widespread Repression**: Around 80% of the global population now lives with less freedom of expression than a decade ago, affecting over 6 billion people in more than 80 countries. The 21st century has seen an increase in repression for the majority of the world's population.

3. **Disproportionate Impact**: The report highlights that more countries are experiencing declines in freedom than those witnessing improvements. Notably, countries with declining freedoms tend to have larger populations. For instance, 95% of countries that have seen advances in the last decade have populations under 50 million, whereas only 74% of countries with declining freedoms have populations of that size.

Overall, the report paints a concerning picture of the current state and trends of global freedom of expression.

Article 19. 'Global Expression Report 2023'. 2023. https://www.globalexpressionreport.org/