Freedom of Expression Online

Freedom of Expression Online

The resources on this Module focus on some of the complex issues related to the digital exercise of freedom of expression. Internet, social media, search engines have largely transformed expression, information, communication. The selected readings highlight the mismatch between practices and the law trying to catch up with the advances of the technology, while seeking to make sense of the normative cacophony.

10 items found, showing 1 - 10

Intermediary liability

Author: ARTICLE 19
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ARTICLE 19 has submitted our response to the UN Special Rapporteur on freedom expression’s call for comments on the issue of ‘content regulation in the digital age’. In the submission, they address risks to freedom of expression posed by developments in, and increased resort to, online content regulation, including in the following areas: 1) Companies’ compliance with state laws; 2) Companies’ self-regulatory initiatives; 3) Global take-down orders; 4) Insufficient reflection of the interests of users who face particular risks in companies’ Terms of Service; 5) Availability of appeals and remedies; 6) Algorithmic decision-making; amd 7) Lack of transparency. 

Article 19. ARTICLE 19's Submission to the UN Special Rapporteur's consultation on online content regulation. London: Article 19, 2017. https://www.article19.org/wp-content/uploads/2017/12/171219-UNSR-Consultation-on-Content-Regulation-December-ARTICLE-19.pdf

Fostering freedom online: the role of internet intermediaries

Author: UN, UNESCO
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The report “aims to shed light on how intermediaries – services that mediate online communication and enable various forms of online expression – both foster and restrict freedom of expression across a range of jurisdictions, circumstances technologies, and business models."

MacKinnon, Rebecca, et al. Fostering freedom online: the role of internet intermediaries. Paris: UN, UNESCO, 2014.

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: IACmHR, Catalina Botero Marino
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The report “includes a systematization of standards aimed at promoting respect for freedom of expression on the Internet. This report analyzes best practices in this field, along with applicable international doctrine and jurisprudence.” It includes an explanation of: the Guiding Principles (Universal Access, Pluralism, Non-discrimination, Privacy); Net neutrality; Access to the Internet; Legislative limitations and subsequent liability: Standards of legitimacy and deliberative factors for resolving online rights conflicts; Filters and blocking; Intermediaries; Cybersecurity, privacy, and freedom of expression (Cybersecurity, Privacy, Internet communications surveillance); and, Principles for the protection of freedom of expression through multisector participation in Internet governance.

OAS, IACmHR, Special Rapporteur for Freedom of Expression, Catalina Botero. Freedom of Expression and Internet. OEA/Ser.L/V/II. CIDH/RELE/INF. 11/13. 31 December 2013

Author: IACmHR, Catalina Botero Marino
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Video summarizing the report "Freedom of Expression and Internet". The report “includes a systematization of standards aimed at promoting respect for freedom of expression on the Internet. This report analyzes best practices in this field, along with applicable international doctrine and jurisprudence.” It includes an explanation of: the Guiding Principles (Universal Access, Pluralism, Non-discrimination, Privacy); Net neutrality; Access to the Internet; Legislative limitations and subsequent liability: Standards of legitimacy and deliberative factors for resolving online rights conflicts; Filters and blocking; Intermediaries; Cybersecurity, privacy, and freedom of expression (Cybersecurity, Privacy, Internet communications surveillance); and, Principles for the protection of freedom of expression through multisector participation in Internet governance.

Author: ARTICLE 19
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ARTICLE 19 submitted a response to the UN Special Rapporteur on free expression’s call for comments on the role of the private sector in the digital age. In their submission, ARTICLE 19 addressed the following issues: 1) The categories of actors in the digital sector whose activities implicate the freedom of opinion and expression; 2) The main legal issues raised for freedom of opinion and expression within the digital sector; 3) The conceptual and normative work already in place to develop corporate responsibility and human rights frameworks in these spaces, including governmental, inter-governmental, civil society, corporate and multi-stakeholder efforts; and 3) they also provide country specific information (Brazil).

Article 19.Freedom of expression and the private sector in the digital age. London: Article 19, 2016. https://www.article19.org/data/files/medialibrary/38294/FOE-and-the-private-sector-in-the-digital-age-A19-response-to-UNSR-call-Feb-2016.pdf

Author: Yaman Akdeniz
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"A study of legal provisions and practices related to freedom of expression, the free flow of information and media pluralism on the Internet in OSCE participating States"

Yaman Akdeniz, Freedom of Expression on the Internet, Organization for Security and Co-operation in Europe, 2011

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 focuses on the impact of Internet and the information technology on the realization and protection of freedom of expression. In this first segment, Callamard introduces some of the challenges that Internet has created for the protection of free speech. Callamard highlights four of them: 1) the tension between the borderless nature of Internet and national sovereignty; 2) the impact of media convergence on medium specific regulation; 3) the responsibility or reliability of all the actors involved with the production and circulation of information; and 4) the global governance of Internet.

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 Globalizationcreated by Columbia Global Freedom of Expression, Agnès Callamard reviews the role of internet intermediaries on the realization and protection of freedom of expression. Callamard first defines what  she means by intermediaries and then illustrates their role in the online world and in particular in the realization of freedom of expression. This segment seeks to answer one central question. How responsible are intermediaries for online content produced or posted by others?

Author: UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression
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Joint Declaration on Freedom of Expression and Countering Violent Extremism.

UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression. Joint Declaration on Freedom of Expression and Countering Violent Extremism, May 3, 2016.