Principles on Freedom of Expression and Protection of Reputation
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Freedom of Expression
! BRIEFING NOTE SERIES Freedom of Expression Centre for Law and Democracy International Media Support (IMS) ! FREEDOM OF EXPRESSION BRIEFING NOTE SERIES July 2014 ! This publication was produced with the generous support of the governments of Denmark, Sweden and Norway. ! Centre for Law and Democracy (CLD) International Media Support (IMS) 39 Chartwell Lane Nørregade 18 Halifax, N.S. 1165 Copenhagen K B3M 3S7 Denmark Canada Tel: +1 902 431-3688 Tel: +45 8832 7000 Fax: +1 902 431-3689 Fax: +45 3312 0099 Email: [email protected] Email: [email protected] www.law-democracy.org www.mediasupport.org © CLD, Halifax and IMS, Copenhagen ISBN 978-87-92209-62-7 This work is licenced under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence. To view a copy of this licence, visit: http://creativecommons.org/licenses/by-nc-sa/4.0/ You are free to copy, distribute and display this work and to make derivative works, provided you give credit to Centre for Law and Democracy and International Media Support; do not use this work for commercial purposes; and distribute any works derived from this publication under a licence identical to this one. ! Abbreviations ACHR American Convention on Human Rights COE Council of Europe ECHR European Court of Human Rights ICCPR International Covenant on Civil and Political Rights ICT Information and communications technology IPC Indonesia Press Council OAS Organization of American States OSCE Organization for Security and Co-operation in Europe PKK Kurdistan Workers’ Party PSB Public service -
Self-Censorship and the First Amendment Robert A
Notre Dame Journal of Law, Ethics & Public Policy Volume 25 Article 2 Issue 1 Symposium on Censorship & the Media 1-1-2012 Self-Censorship and the First Amendment Robert A. Sedler Follow this and additional works at: http://scholarship.law.nd.edu/ndjlepp Recommended Citation Robert A. Sedler, Self-Censorship and the First Amendment, 25 Notre Dame J.L. Ethics & Pub. Pol'y 13 (2012). Available at: http://scholarship.law.nd.edu/ndjlepp/vol25/iss1/2 This Article is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. ARTICLES SELF-CENSORSHIP AND THE FIRST AMENDMENT ROBERT A. SEDLER* I. INTRODUCTION Self-censorship refers to the decision by an individual or group to refrain from speaking and to the decision by a media organization to refrain from publishing information. Whenever an individual or group or the media engages in self-censorship, the values of the First Amendment are compromised, because the public is denied information or ideas.' It should not be sur- prising, therefore, that the principles, doctrines, and precedents of what I refer to as "the law of the First Amendment"' are designed to prevent self-censorship premised on fear of govern- mental sanctions against expression. This fear-induced self-cen- sorship will here be called "self-censorship bad." At the same time, the First Amendment also values and pro- tects a right to silence. -
The Difficulty of Balancing the Doctrine of Prior Restraint with the Right of Privacy
Touro Law Review Volume 31 Number 4 Article 3 August 2015 The Difficulty of Balancing the Doctrine of Prior Restraint with the Right of Privacy Bridgette Nunez Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the First Amendment Commons, and the Privacy Law Commons Recommended Citation Nunez, Bridgette (2015) "The Difficulty of Balancing the Doctrine of Prior Restraint with the Right of Privacy," Touro Law Review: Vol. 31 : No. 4 , Article 3. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol31/iss4/3 This First Amendment is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Nunez: Prior Restraint with the Right of Privacy THE DIFFICULTY OF BALANCING THE DOCTRINE OF PRIOR RESTRAINT WITH THE RIGHT OF PRIVACY SUPREME COURT OF NEW YORK APPELLATE DIVISION, THIRD DEPARTMENT Porco v. Lifetime Entertainment Services, LLC1 (decided April 17, 2014) I. INTRODUCTION The public has always been curious about the lives and per- sonalities of celebrities.2 In an effort to capitalize on this demand, networks seek exclusive rights to the individual’s story in order to produce docudramas.3 Unfortunately, docudramas may expose un- flattering facts in dramatic detail.4 Under the assumption that “the life of a public figure belong[s] to the citizens,” high public demand has given rise to unauthorized docudramas.5 -
Prior Restraint and the Police: the First Amendment Right to Disseminate Recordings of Police Behavior
WALDMAN.DOCX (DO NOT DELETE) 1/8/2014 2:20 PM PRIOR RESTRAINT AND THE POLICE: THE FIRST AMENDMENT RIGHT TO DISSEMINATE RECORDINGS OF POLICE BEHAVIOR JACQUELINE G. WALDMAN* Freedom of speech under the First Amendment once again is in jeopardy—this time, in the form of unconstitutional prior restraints on personal video recordings. In the age of smartphones and media- sharing services like YouTube and Facebook, video recording and uploading or distributing has become a natural—and even expected— form of communication. It is commonplace that people record trivi- al, everyday moments, and, it remains routine for people to record noteworthy events or occurrences. In a certain sense, countless media users and sharers around the country have become the functional equivalents of journalists reporting and commenting on all aspects of life and society. Thus, in the wake of a growing public disillusion- ment regarding law enforcement and the criminal justice system, peo- ple have begun video recording police behavior as the officers are act- ing in the public discharge. Such videography has not existed without pushback from law enforcement. In response to these civilian-made video recordings, many police officers confiscate the video recording devices and/or de- stroy the files containing the recordings. This type of police interfer- ence has brought with it a storm of controversy. The debate centers on whether personal video recording of police conduct is “speech” that qualifies for First Amendment protection, and if so, whether con- fiscating and/or destroying the videos before their dissemination amounts to an unconstitutional prior restraint on speech—the most serious incursion of one’s First Amendment speech freedom. -
Broadcast Profanity and the Right to Be Let Alone: Can the FCC Regulate Non-Indecent Fleeting Expletives Under a Privacy Model Edward L
Hastings Communications and Entertainment Law Journal Volume 31 | Number 1 Article 1 1-1-2008 Broadcast Profanity and the Right to Be Let Alone: Can the FCC Regulate Non-Indecent Fleeting Expletives under a Privacy Model Edward L. Carter R. Trevor Hall James C. Phillips Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Edward L. Carter, R. Trevor Hall, and James C. Phillips, Broadcast Profanity and the Right to Be Let Alone: Can the FCC Regulate Non- Indecent Fleeting Expletives under a Privacy Model, 31 Hastings Comm. & Ent. L.J. 1 (2008). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol31/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Broadcast Profanity and the "Right to Be Let Alone": Can the FCC Regulate Non-Indecent Fleeting Expletives Under a Privacy Model? by EDWARD L. CARTER,* R. TREVOR HALL' AND JAMES C. PHILLIPS I. Introduction .................................................................................................. 2 II. Brief Legal History of Profanity .................................................................. 7 A. Profanity Under the Common Law of Nuisance ................................... 8 B. The U.S. Supreme Court and Profanity ............................................... 12 C. Profanity's Place in the Law Today ................................................... 16 III. Free Speech Rationales and Profanity ....................................................... 22 IV. The FCC and Regulation of Profanity ....................................................... 26 A . -
Right of Privacy and Rights of the Personality
AGTA Instituti Upsaliensis Iurisprudentiae Gomparativae VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY Working paper prepared for the Nordic Conferen.ee on privacy organized by the International Commission of Jurists, Stockholm M ay 1967 BY STIG STRÜMHOLM STOCKHOLM P. A. NORSTEDT & SÜNERS FÜRLAG ACTA Institut! Upsaliensis Iurisprudentiae Oomparativae AGTA Instituti Upsaliensis Iurisprudentiae Comjmrativae Edidit ÂKE MALMSTROM VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY (Working Paper prepared for the Nordic Conférence on Privacy organized by the International Commission of Jurists, Stockholm May 1967) By STIG STRÜMHOLM S T O C K H O L M P. A. N O RSTEDT & S ONE R S FÜRLAG © P. A. Norstedt & Sôners fôrlag 1967 Boktryckeri AB Thule, Stockholm 1967 PREFACE One of the author’s most eminent teachers in private law in the Uppsala Faculty of Law once claimed that an action in tort ought to lie against those légal writers who take up a subject to treat it broadly enough to deter others from writing about it but not deeply enough to give any final answers to the questions discussed. Were the law so severe, the present author would undoubtedly have to face a lawsuit for venturing to publish this short study on a topic which demands lengthy and careful considération on almost every point and which has already given rise to an extensive body of case law and of légal writing. This préfacé can be considered as the au thor’s plaidoyer in that action, fortunately imaginary. The present study was prepared at the request, and with the most active personal and material support, of the International Commis sion of Jurists as a working paper for the Nordic Conférence of Jurists, organized by the Commission in Stockholm in May, 1967. -
Comparison of the Extent of Censorship Laws in India and Abroad
Journal of Critical Reviews ISSN- 2394-5125 Vol 7, Issue 13, 2020 CENSORSHIP IN INDIA VIS-À-VIS FREEDOM OF SPEECH: COMPARISON OF THE EXTENT OF CENSORSHIP LAWS IN INDIA AND ABROAD 1Priyanka Ghai,Dr. 1Arnind P Bhanu 1Amity Law School Noida, Amity University, Sector-125, Uttar Pradesh, India-201313 Email: [email protected] ,[email protected] Received: 12.04.2020 Revised: 13.05.2020 Accepted: 09.06.2020 Abstract With the current outrage at the arbitrary method of censorship applied by the board of film certification in India, it was pertinent to understand and take a closer look at the methods and principles which guide the method of censorship in India, this is also an attempt to understand why censorship is a vital tool to ensure peace and unity in India. The paper also looks at the past and present of censorship, in the form of how it came to be, why it came to be and also what role it plays in society today. In order to get a bigger picture of censorship an attempt has been made to understand censorship in the United States of America, which is a champion of democracy and also in the People’s Republic of China which uses censorship to shepherd its populace in the other direction. The effects both schools have on censorship have been explored in this paper. India being a mixture of both influences has the right to expression subject to certain instances and therefore must understand that even though the right of free speech is indeed a requirement in these times and places, but why censorship as a necessary evil as well in India. -
MEMORANDUM on the Draft Council of Europe Recommendation on the Right of Reply in the New Media Environment
MEMORANDUM on the draft Council of Europe Recommendation on the right of reply in the new media environment by ARTICLE 19 Global Campaign for Free Expression London August 2003 I. Introduction On 25 June 2003, the Council of Europe's Media Division released for comment a “draft Declaration on the right of reply in the new media environment.” 1 This is the third public version of the draft Recommendation. 2 The first two drafts, both entitled “on the right of reply in the on-line media”, envisaged the Recommendation as an ‘addendum’ for Internet-based publications to the 1974 Council of Europe Resolution on the right of reply, which was seen as applying only to off-line media. 3 In response to comments received on the first two versions, this third version recommends a set of guidelines for a right of reply with regard to all media, on-line or off-line. As such, it will effectively supersede the 1974 Resolution. This Memorandum analyses the guidelines proposed in the draft Recommendation against international standards and best practice on freedom of expression, setting out our concerns and providing recommendations and suggestions to aid further discussion. Our 1 MM-PUBLIC(2003)004, available at http://www.coe.int/T/E/Human_Rights/media/ . 2 Although the numbering of the draft indicates that this is actually the fourth draft, only three have been released on the Council’s website. 3 Resolution (74)26 on the right of reply – position of the individual in relation to the press, adopted 2 July 1974. Although this Resolution was no doubt intended to only to cover the print and broadcast media, its wording is ambiguous and it arguably applies to on-line content as well. -
Social Media, Censorship, and Control: Beyond Sopa, Pipa, and the Arab Spring
SARDAR & SHAH FORMATTED.DOCX (DO NOT DELETE) 8/21/2012 5:48 PM SOCIAL MEDIA, CENSORSHIP, AND CONTROL: BEYOND SOPA, PIPA, AND THE ARAB SPRING SHEHERYAR T. SARDAR* & BENISH A. SHAH** Social media is more about human connectivity than it is about technology and marketing. People want to be involved in a movement more than they want to be moved by an ad.1 INTRODUCTION The legal system has been caught off guard by the rapid proliferation of social media platforms that change faster than law-making processes can respond. Only members of the Web Generation understand the speed of change; they become first adopters while their parents’ generation remains unaware of how Twitter functions. In this world where mobile apps and user- created content are published with remarkable speed, individuals are tasked with interpreting laws to accommodate rapid technological development. For a society to function and thrive, law must continue to evolve and keep pace with new issues and needs. This relationship between law and technological development has been starkly illustrated by the Arab Spring, particularly the Egyptian uprising, and the Occupy Wall Street (OWS) movement in the United States. The Egyptian uprising was caused by the toxic effects of longstanding government corruption, social oppression, and economic stagnation, but also stems from a weak constitutional foundation in Egypt, which was never cultivated or enforced to protect the basic human, legal, and economic rights of the Egyptian people.2 Similarly, the OWS movement, while distinguishable from the Egyptian uprising in its lack of revolutionary characteristics, was a reaction to widening economic inequality and the perceived ineffectiveness of legislation aimed at curbing financial excess in the United States. -
Prior Restraint
CHAPTER THIRTEEN: PRIOR RESTRAINT By Barry O. Hines, R. Kurt Wilke, & Sarah M. Lahr The Prohibition Against Prior Restraint Derives From the First Amendment The courts define a prior restraint as “a predetermined judicial prohibition restraining specific expression.” Chicago Council of Lawyers v. Bauer, 522 F.2d 242, 248 (7th Cir. 1975). The prohibition against prior restraint derives from the First Amendment to the United States Constitution, which provides: 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. Similarly, the Illinois Constitution provides that: “All persons may speak, write and publish freely, being responsible for the abuse of that liberty.” Illinois Constitution (1970), Article 1, Section 4. The First Amendment to the United States Constitution applies to the states through the due process clause of the Fourteenth Amendment, and it is because of these federal and state constitutional provisions that prior restraints are often held invalid. Prior Restraints Have Often Been Successfully Challenged -1- The issue of prior restraint has been present in many widely publicized cases. The government unsuccessfully sought to enjoin publication of the “Pentagon Papers” in New York Times, Co. v. United States, 403 U.S. 713 (1971). CBS successfully challenged a prior restraint barring litigants in a group of civil suits arising out of the antiwar demonstrations at Kent State University from discussing the cases with the news media. CBS, Inc. -
Media and the Law: an Overview of Legal Issues and Challenges
Media and the Law: An Overview of Legal Issues and Challenges A Report to the Center for International Media Assistance By Peter Noorlander July 20, 2011 The Center for International Media Assistance (CIMA), a project of the National Endowment for Democracy, aims to strengthen the support, raise the visibility, and improve the effectiveness of media assistance programs by providing information, building networks, conducting research, and highlighting the indispensable role independent media play in the cre- ation and development of sustainable democracies around the world. An important aspect of CIMA’s work is to research ways to attract additional U.S. private sector interest in and support for international media develop- ment. The center was one of the of the main nongovernmental organizers of World Press Freedom Day 2011 in Washington, DC. CIMA convenes working groups, discussions, and panels on a variety of topics in the field of media development and assistance. The center also issues reports and recommendations based on working group discussions and other investigations. These reports aim to provide policymakers, as well as donors and practitioners, with ideas for bolstering the effectiveness of media assistance. Marguerite H. Sullivan Senior Director Center for International Media Assistance National Endowment for Democracy 1025 F Street, N.W., 8th Floor Washington, DC 20004 Phone: (202) 378-9700 Fax: (202) 378-9407 Email: [email protected] URL: http://cima.ned.org About the Author Peter Noorlander Peter Noorlander is a lawyer who specializes in media law and human rights. He is currently legal director of the Media Legal Defence Initiative (MLDI), an NGO that provides legal aid and helps journalists defend their rights. -
Liability for Commercial Speech
MARCH 2015 Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims LIABILITY FOR COMMERCIAL SPEECH Julia Huston, Foley Hoag LLP This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each of these causes of action and suggests ways to reduce the risk of liability in business communications, advertising, and marketing. Related claims, such as trademark infringement, copyright infringement, and interference with contractual relations, are also addressed. Risk management procedures, a checklist for compliance training, and a sample complaint, answer and jury instructions are provided. Table of Contents I. Introduction to Claims Based on Commercial Speech.........................................1 II. False Advertising ..................................................................................................2 A. Elements of False Advertising ...............................................................................3 1. False or misleading statements ......................................................................4 2. Proof of consumer reaction ............................................................................6 3. Commercial advertising or promotion ..............................................................8 4. Establishment claims .....................................................................................9