Transcript Freedom of Expression

Freedom of Expression
Overview

Definition
Restrictions
Enforcement

Intellectual Property


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Definition (1)
“Everyone has the right to freedom of
opinion and expression; this right
includes freedom to hold opinions without
interference and to seek, receive and
impart information and ideas through any
media and regardless of frontiers.”
– Article 19, Universal Declaration of Human Rights
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Definition (2)
1. Everyone has the right to freedom of
expression. This right shall include
freedom to hold opinions and to receive
and impart information and ideas without
interference by public authority and
regardless of frontiers.
2. The freedom and pluralism of the media
shall be respected.
– Article II-71, European Constitution
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Definition (3)
“Congress shall make no law respecting
an establishment of religion, or prohibiting
the free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a
redress of grievances.”
– First Amendment, U.S. Constitution
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Restrictions (1)

Restrict Freedom of Speech to
prevent unwanted behaviour such
as:
– Child Porn
– Hate Speech
– Libel
– Anonymity
– Rebellion
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Restrictions (2)

Means to an end...

Weigh morality of restricting
Freedom of Speech against morality
of unwanted behaviour that could be
caused by it.
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Child Porn


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Prevent sexual abuse of children by
outlawing possesion and distribution
of pornographic material featuring
childern
Clear cut
...or is it?
– What is pornographic?
– What about children?
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Hate Speech
“Hate speech is a controversial term
for speech intended to degrade,
intimidate, or incite violence or
prejudicial action against someone
based on his/her race, ethnicity,
national origin, religion, sexual
orientation, or disability.”
– Wikipedia
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Pastor Åke Green


Sentenced to 1 month in prison
under hate crime law for a sermon
stating that homesexuality was a
"deep cancer tumour" on society and
that gays were more likely than other
people to rape children and animals.
Aquited last week by Supreme Court
because of freedom of expression
and religion.
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Cordon sanitaire


Belgium media and politicians have an
unspoken agreement to not report on the
extreme-right party “Vlaams Blok” even
thought the party has gained 30%+ votes
in local elections.
Similar action was attempted by the Dutch
media regarding the right wing Pim
Fortuyn but proved unsuccessful before
of his popular support illustrated by the
fact that his party because the second
largest (17%) in the national election after
being assassinated.
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Libel



Freedom of expression except when
making false and damaging
statements.
Not everyone has the same means to
defend against libel.
What is the responsibility of an ISP?
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Anonymity



Can speech be free without the speaker
being anonymous?
Is a speakers anonymity desirable in all
circumstances?
How about political views? Should an
author identify his/her political
preference?
– Propaganda
– Journalism
– Television
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Rebellion

China attempts to prevent its citizens
from acquiring knowledge that could
incent them to rise against the
regime.
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Enforcement

Penalties (negative)
– Enprisonment (child porn, hate speech,
rebelion)
– Fine (libel)

Censorship (positive)
– Filtering
– Labelling’

Morals
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Filtering (1)

Conflict with Freedom of Speech
– Great Firewall of China


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False negatives /False positives
Who is in charge?
Should information be filtered?
–
–
–
–
Emanationistic
Theories of Conscience
Ethical Egoism
Utilitarianism
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Filtering (2)

Arguments in favour of filtering
– Opt-in filtering
– Fight SPAM
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Filtering (3)

Arguments against filtering
– Impossible to distinguish
– False negatives
– To much information
– Subjective
– Harmfull because restrict vital
information
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Labelling (1)


PICS
CP80
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Labelling (2)

Arguments in favour of labelling:
– No false negatives
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Labelling (3)

Arguments against labelling:
– Controversy is censored
– Costly
– Impossible to rate conversation
– Limited to national boundaries
– Encourage government regulation
– Favours commercial speakers
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Intellectual Property
Economy of Ideas


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Ideas unlike products do not
deteriorate in value when spread,
they can actually increase in value.
Copyright/patent system is based on
material object
Protection of ideas is only
enforceable through strong morals.
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