Author: Katharine Gelber,Adrienne Sarah Ackary Stone
Publisher: Federation Press
View: 1420Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by existing laws? How are these laws enforced? How can the laws be changed to improve governments' response to hate speech? How does the emergence of bills of rights affect the regulation of hate speech? Drawing on a broad range of academic and practical experts, this book addresses these questions. The essays in first part of this book outline the landscape within which hate speech regulation occurs. They include consideration of the legal, policy and historical context for vilification, the ways in which the language of hatred is changing, and a new look at the longstanding debate about the tension between freedom of speech and hate speech as a conflict between liberty and equality. In part two, the book considers the practice of hate speech regulation in a variety of Australian institutions and includes practical perspectives from the legal profession. In the final part the essays consider hate speech regulation within a broader human rights framework, taking into account the emergence of bills of rights in Australian states.
Author: Eric Barendt
Publisher: Oxford University Press
Category: Business & Economics
View: 465Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation.
Author: WIESŁAW WACŁAWCZYK
Publisher: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
View: 5040„Freedom of Speech and Other Human Rights. A Selection of Documents with an Introduction and Study Questions” is addressed, first and foremost, to students of mass communication and journalism. However, also students of other faculties as well as non-student readers may find the book useful. It follow two others volumes by the same author: "From Milton to Mill: Classic Defenders of Freedom of Speech" (2012) and "Free Speech Defenders it Twentieth Century United States" (2013), also published by the Nicolaus Copernicus University Press. The series will be continued with the book "Human Rights in Famous Speeches".
Author: Ralf Stoecker,Christian Neuhäuser,Marie-Luise Raters
View: 3187Ethische Fragen betreffen alle Gesellschaftsbereiche. Sie stellen sich bei Themen wie sozialer Gerechtigkeit sowie in politischen oder ökologischen Debatten. Das Handbuch erfasst die Angewandte Ethik systematisch und historisch, beschreibt ihre rechtliche und institutionelle Situation sowie die relevanten Teilbereiche, wie z.B. Forschungs-, Wirtschafts- und Bioethik. Im Zentrum stehen konkrete Fragen aus dem Privat- und Sozialleben des Menschen, der medizinischen Ethik sowie der Umwelt- und Tierethik.
Author: C. Edwin Baker
Publisher: Oxford University Press
View: 4829Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.
Author: Lucy Vickers
Publisher: Oxford University Press on Demand
View: 7985Freedom of Speech and Employment is a new study of the employment law implications for employees who exercise the right to free speech. The book examines the philosophical basis for protecting free speech, the impact of the Human Rights Act 1998 and article 10 of the ECHR, the implications of free speech for the contract of employment, the Public Interest Disclosure Act 1998, and the special position of local government and NHS staff and civil servants.
Author: Merris Amos,Jackie Harrison,Lorna Woods
Publisher: Martinus Nijhoff Publishers
View: 9675Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.
freedom of expression, intellectual property, privacy
Author: Paul Torremans
Publisher: Kluwer Law Intl
View: 3441The idea of copyright, originally conceived as a means of protecting the right of individual authors to fair compensation for their work, has undergone a sea change in recent decades. it is now frequently invoked to safeguard the profits of corporate marketers of widely-used media and software products, and in this context has given rise to a surprising new conflict: The collision of copyright and human rights. Copyright and Human Rights is the first comprehensive analysis of this emerging nexus of legal issues. In eight incisive essays, well-known authorities in both copyright law and human rights law present in-depth analysis and discussion of such essential topics as the following: the human rights credentials of copyright the relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law the impact of U.S Supreme Court decision in Eldred the relevance to copyright of the public interest defense in European law; and the fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work focusing on the copyright aspect, Copyright and Human Rights will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard To The informed future development of this new and crucial area of legal theory and practice.
Lessons from Nordic Approaches
Author: Mart Susi,Jukka Viljanen,Eiríkur Jónsson,Artūrs Kučs
View: 8947The Nordic countries are well known globally for their high human rights standards and, at the same time, high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression in the new media. It contains an overview of public policy choices and best practices of domestic online companies, which have the aspiration of finding global acceptance. Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. A comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the ongoing discussion as to whether there is a need to modify prevailing interpretation of freedom of expression. Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.
Legal Restrictions on Freedom of Speech in Liberal Democracies
Author: Ian Cram
Category: Political Science
View: 7968In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue between the different spheres of the constitution, removed from pressures imposed on elected representatives to respond to popular sentiment. This book provides a critical evaluation of ongoing debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society - namely, liberty of expression. A range of types of expression are considered, including expression related to electoral processes, political expression in general and sexually explicit forms of expression.
Author: Dario Milo
Publisher: OUP Oxford
Category: Political Science
View: 9220The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.