Theoretical Foundations

Theoretical Foundations

Drawing on the work of thinkers from various political, cultural and religious traditions, the Module provides resources that explore why freedom of expression and information matters. It distinguishes between the main theories underpinning the protection of free speech and the rejection of censorship, and links these philosophical arguments to more recent international political developments.

7 items found, showing 11 - 7
Author: Karen Kornbluh, Adrienne Goldstein
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The aim of this handbook is to educate civic information providers about coordinated deceptive campaigns and serve as a resource on how to flood the zone with trustworthy civic information.

"This handbook will function as a media literacy tool, giving readers the skills and opportunity to consider who is behind networked information campaigns and how they spread their messages. Its focus is limited to how information spreads on social media, but modern networked information campaigns work across an entire ecosystem of on- and offline tactics. Information campaigns use radio, mail, email, print media, television, and face-to-face communication"

Karen Kornbluh and Adrienne Goldstein. 2023. 'Civic Information Handbook'. https://assets.pubpub.org/9v4vksa8/11683825238329.pdf

Author: IACtHR
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“[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.”

IACtHR, Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism. Advisory Opinion OC-5/85. Series A, No. 5. 13 November 1985

Author: IACmHR
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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.

OAS, IACmHR. Declaration of Principles on Freedom of Expression. 108th regular period of sessions. 2-20 October 2000

Author: Columbia Global Freedom of Expression, Agnès Callamard
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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 the relation of freedom of expression with Democracy and Development

Author: Amartya Sen
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Author: Media Foundation for West Africa (MFWA)
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The report, published by the Media Foundation for West Africa (MFWA) in December 2023, examines the state of democracy in five West African countries - Mali, Burkina Faso, Guinea, Guinea Bissau, and Niger - analyzing how the democratic erosion affects their press freedom. The report explains the main drivers of democratic recession in the sub-region and highlights “military coup d’états, terrorism and violent extremism, and economic misgovernance.” The three bring crises into the countries’ politics and security, resulting in a shrinking space for media outlets to operate. Among the challenges that the press faces are new repressive legislative projects, the existing laws misused to persecute the media, and extreme economic precariousness. On top of those, journalists are forced to work in unsafe conditions, facing verbal abuse, physical attacks, arrests, and incarceration. MFWA calls for the restoration of democratic governance and offers recommendations for the ECOWAS Commission, governments, regulatory authorities, media organizations, and their owners.

Media Foundation for West Africa (MFWA). Democratic Recession and Its Impact on Press Freedom: Case studies from five countries in West Africa. MFWA: Ogbodjo, 2023. https://www.mfwa.org/wp-content/uploads/2024/01/MFWA-Final-Research-Report-final-1.pdf 

Author: Jack M. Balkin
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“In this essay, Professor Balkin argues that digital technologies alter the social conditions of speech and therefore should change the focus of free speech theory, from a Meiklejohnian or republican concern with protecting democratic process and democratic deliberation, to a larger concern with protecting and promoting a democratic culture. A democratic culture is a culture in which individuals have a fair opportunity to participate in the forms of meaning-making that constitute them as individuals. Democratic culture is about individual liberty as well as collective self-governance; it concerns each individual’s ability to participate in the production and distribution of culture. Balkin argues that Meiklejohn and his followers were influenced by the social conditions of speech produced by the rise of mass media in the twentieth century, in which only a relative few could broadcast to large numbers of people. Republican or progressivist theories of free speech also tend to downplay the importance of nonpolitical expression, popular culture, and individual liberty. The limitations of this approach have become increasingly apparent in the age of the Internet. By changing the social conditions of speech, digital technologies lead to new social conflicts over the ownership and control of informational capital. The free speech principle is the battleground over many of these conflicts. For example, media companies have interpreted the free speech principle broadly to combat regulation of digital networks and narrowly in order to protect and extend their intellectual property rights. The digital age greatly expands the possibilities for individual participation in the growth and spread of culture, and thus greatly expands the possibilities for the realization of a truly democratic culture. But the same technologies also produce new methods of control that can limit democratic cultural participation. Therefore, free speech values – interactivity, mass participation, and the ability to modify and transform culture – must be protected through technological design and through administrative and legislative regulation of technology, as well as through the more traditional method of judicial creation and recognition of constitutional rights. Increasingly, freedom of speech will depend on the design of the technological infrastructure that supports the system of free expression and secures widespread democratic participation. Institutional limitations of courts will prevent them from reaching the most important questions about how that infrastructure is designed and implemented. Safeguarding freedom of speech will thus increasingly fall to legislatures, administrative agencies, and technologists.”

Balkin, Jack. “Digital Speech and Democratic Culture: A Theory of Freedom of Expression for the Information Society”. New York University Law Review 79, no. 1 (2004).