This chapter examines cyber-speech and its implications for free expression. It first provides an overview of the technologies involved, from simple systems such as web pages and internet forums to social media platforms (SMPs) such as blogs, social media platforms, and media-sharing sites. The chapter then highlights the social implications of the shift in power from centralized media organizations to decentralized ‘citizen journalism’. It also considers the responsibilities that citizens owe to each other in this environment and how regulators may balance freedom of expression with social responsibility. To determine whose values predominate when regulating a global media tool which does not recognize traditional borders, the chapter presents three particular case studies: political speech, hate speech, and commercial speech.
Chapter
5. Cyber-speech
Chapter
5. Cyber-speech
This chapter examines cyber-speech and its implications for free expression. It first provides an overview of the technologies involved, from simple systems such as web pages, blogs, and internet fora to social media platforms (SMPs), and media-sharing sites. The chapter then highlights the social implications of the shift in power from centralized media organizations to users. It also considers the responsibilities that users owe to each other in this environment and how regulators may balance freedom of expression with social responsibility. To determine whose values predominate when regulating a global media tool which does not recognize traditional borders, the chapter presents two case studies: political speech and hate speech.
Chapter
18. Freedom of Expression
This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved privacy, incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.
Chapter
7. Freedom of religion and expression
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.
Chapter
17. Article 10: freedom of expression
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.
