Regulating Free Speech In A Digital Age
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Regulating Free Speech In A Digital Age
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Author : David Bromell
language : en
Publisher:
Release Date : 2022
Regulating Free Speech In A Digital Age written by David Bromell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone's responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.
Free Speech In The Digital Age
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Author : Susan J. Brison
language : en
Publisher: Oxford University Press
Release Date : 2019-02-27
Free Speech In The Digital Age written by Susan J. Brison and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-27 with Philosophy categories.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Regulating Free Speech In A Digital Age
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Author : David Bromell
language : en
Publisher: Springer Nature
Release Date : 2022-02-11
Regulating Free Speech In A Digital Age written by David Bromell and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-11 with Political Science categories.
Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.
Free Speech And The Regulation Of Social Media Content
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Author : Valerie C. Brannon
language : en
Publisher: Independently Published
Release Date : 2019-04-03
Free Speech And The Regulation Of Social Media Content written by Valerie C. Brannon and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-03 with Law categories.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Virtual Freedom
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Author : Dawn C. Nunziato
language : en
Publisher: Stanford University Press
Release Date : 2009-08-28
Virtual Freedom written by Dawn C. Nunziato and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-28 with Law categories.
Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
Free Speech In The Digital Age
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Author : Susan J. Brison
language : en
Publisher: Oxford University Press
Release Date : 2019-02-27
Free Speech In The Digital Age written by Susan J. Brison and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-27 with Philosophy categories.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Free Speech In The Digital Age
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Author : Susan J. Brison
language : en
Publisher: Oxford University Press
Release Date : 2019-02-27
Free Speech In The Digital Age written by Susan J. Brison and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-27 with Philosophy categories.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Free Speech In The Puzzle Of Content Regulation
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Author : Soorya Balendra
language : en
Publisher: Springer Nature
Release Date : 2024-11-23
Free Speech In The Puzzle Of Content Regulation written by Soorya Balendra and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-23 with Law categories.
This book explores the intersection of law and technology, focusing on online speech regulations and their complex interplay with free speech in the digital age. It identifies three primary regulatory models – self-regulation, external regulation, and co-regulation – and examines how each model presents recurring challenges in both content moderation and the protection of free speech. The study delves into the regulation of harmful speech, including defamation, violence, misinformation, and propaganda, highlighting the tensions between regulating prohibited content and preserving free speech online. Additionally, the book addresses digital authoritarianism and its manifestation in regulatory approaches, particularly the Chinese model of content regulation. It also scrutinizes platform-driven regulation, assessing the challenges posed by both human and AI-driven content moderation. Through a comparative analysis of legal frameworks across key jurisdictions – including the United States (Section 230 of the Communications Decency Act), Germany (the Network Enforcement Act), India (the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021), and Sri Lanka (the Online Safety Act, 2024) – the book examines how these frameworks navigate the balance between free speech rights and platform responsibilities, in these jurisdictions with the distinct context, power asymmetry of authorities with the platforms, political and cultural landscape, and social media market. It further explores how these evolving models reflect significant differences in the roles of governments, platforms, regulatory authorities, standards, and compliance mechanisms. By engaging in a scholarly discussion on these issues from a legal and regulatory perspective, this book seeks to strike a balance between online free speech and legitimate restrictions. It provides a comparative lens on Western jurisprudence and the Majority World, linking common themes across jurisdictions to shed light on the intricate challenges of regulating online speech. In doing so, the book addresses a gap in the existing literature, offering a much-needed foundation for developing and updating both internal and external regulatory frameworks.
The Oxford Handbook Of Freedom Of Speech
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Author : Adrienne Stone
language : en
Publisher: Oxford University Press
Release Date : 2021-01-26
The Oxford Handbook Of Freedom Of Speech written by Adrienne Stone and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-26 with Law categories.
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Freedom Of Expression And The Internet
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Author : Wolfgang Benedek
language : en
Publisher: Council of Europe
Release Date : 2020-09-08
Freedom Of Expression And The Internet written by Wolfgang Benedek and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-08 with Political Science categories.
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.