Freedom of Expression

2 Overview n Definition n Restrictions n Enforcement n Intellectual Property

3 Definition (1) “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” – Article 19, Universal Declaration of Human Rights

4 Definition (2) 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 2. The freedom and pluralism of the media shall be respected. – Article II-71, European Constitution

5 Definition (3) “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.” – First Amendment, U.S. Constitution

6 Restrictions (1) n Restrict Freedom of Speech to prevent unwanted behaviour such as: –Child Porn –Hate Speech –Libel –Anonymity –Rebellion

7 Restrictions (2) n Means to an end... n Weigh morality of restricting Freedom of Speech against morality of unwanted behaviour that could be caused by it.

8 Child Porn n Prevent sexual abuse of children by outlawing possesion and distribution of pornographic material featuring childern n Clear cut n...or is it? –What is pornographic? –What about children?

9 Hate Speech “Hate speech is a controversial term for speech intended to degrade, intimidate, or incite violence or prejudicial action against someone based on his/her race, ethnicity, national origin, religion, sexual orientation, or disability.” – Wikipedia

10 Pastor Åke Green n Sentenced to 1 month in prison under hate crime law for a sermon stating that homesexuality was a "deep cancer tumour" on society and that gays were more likely than other people to rape children and animals. n Aquited last week by Supreme Court because of freedom of expression and religion.

11 Cordon sanitaire n Belgium media and politicians have an unspoken agreement to not report on the extreme-right party “Vlaams Blok” even thought the party has gained 30%+ votes in local elections. n Similar action was attempted by the Dutch media regarding the right wing Pim Fortuyn but proved unsuccessful before of his popular support illustrated by the fact that his party because the second largest (17%) in the national election after being assassinated.

12 Libel n Freedom of expression except when making false and damaging statements. n Not everyone has the same means to defend against libel. n What is the responsibility of an ISP?

13 Anonymity n Can speech be free without the speaker being anonymous? n Is a speakers anonymity desirable in all circumstances? n How about political views? Should an author identify his/her political preference? –Propaganda –Journalism –Television

14 Rebellion n China attempts to prevent its citizens from acquiring knowledge that could incent them to rise against the regime.

15 Enforcement n Penalties (negative) –Enprisonment (child porn, hate speech, rebelion) –Fine (libel) n Censorship (positive) –Filtering –Labelling’ n Morals

16 Filtering (1) n Conflict with Freedom of Speech –Great Firewall of China n False negatives /False positives n Who is in charge? n Should information be filtered? –Emanationistic –Theories of Conscience –Ethical Egoism –Utilitarianism

17 Filtering (2) n Arguments in favour of filtering –Opt-in filtering –Fight SPAM

18 Filtering (3) n Arguments against filtering –Impossible to distinguish –False negatives –To much information –Subjective –Harmfull because restrict vital information

19 Labelling (1) n PICS n CP80

20 Labelling (2) n Arguments in favour of labelling: –No false negatives

21 Labelling (3) n Arguments against labelling: –Controversy is censored –Costly –Impossible to rate conversation –Limited to national boundaries –Encourage government regulation –Favours commercial speakers

Intellectual Property

23 Economy of Ideas n Ideas unlike products do not deteriorate in value when spread, they can actually increase in value. n Copyright/patent system is based on material object n Protection of ideas is only enforceable through strong morals.