EUROPEAN MASTER DEGREE IN HUMAN RIGHTS AND DEMOCRATISATION 2000-2001 RAOUL WALLENBERG INSTITUTE Internet and Freedom of expression Rikke Frank Jørgensen©
[email protected] Supervisor: Dr. Gregor Noll Abstract Internet challenges the right to freedom of expression. On the one hand, Internet empowers freedom of expression by providing individuals with new means of expressions. On the other hand, the free flow of information has raised the call for content regulation, not least to restrict minors’ access to potentially harmful information. This schism has led to legal attempts to regulate content and to new self- regulatory schemes implemented by private parties. The attempts to regulate content raise the question of how to define Internet in terms of “public sphere” and accordingly protect online rights of expression. The dissertation will argue that Internet has strong public sphere elements, and should receive the same level of protection, which has been given to rights of expression in the physical world. Regarding the tendency towards self- regulation, the dissertation will point to the problem of having private parties manage a public sphere, hence regulate according to commercial codes of consumer demand rather than the principles inherent in the rights of expressions, such as the right of every minority to voice her opinion. The dissertation will conclude, that the time has come for states to take on their responsibility and strengthen the protection of freedom of expression on Internet. 29.600 words 2 Table of Contents 1. Introduction.................................................................................................................. 4 1.1. Point of departure .................................................................................................. 4 1.2. Aim of dissertation................................................................................................. 6 2. System, lifeworld and Internet.........................................................................................