Columbia World Freedom of Expression seeks to contribute to the event of an built-in and progressive jurisprudence and understanding on freedom of expression and knowledge world wide. It maintains an in depth database of worldwide case regulation. That is its publication coping with latest developments within the subject.
Nice information for the Arabic audio system within the viewers: we have now simply launched a redesign of our Arabic web site. It options The Case of the Egyptian TikTok Influencers, The Gambia v. Fb, The Case of an Arson Assault on the Editorial Places of work of De Telegraaf, and over 100 different translations of case analyses. We might be including new instances, publications, and different freedom of expression highlights in Arabic each month. Keep tuned.
Free speech house continues to shrink in Hong Kong. Earlier this month, Stream HK, a diaspora media outlet co-founded by pro-democracy activists, was blocked for customers with Hong Kong IP addresses after the Hong Kong police had contacted the web site’s abroad internet hosting service. In his remark, Michael Caster, ARTICLE 19’s Asia Digital Program Supervisor, urged international internet hosting providers to withstand the mounting stress from the authorities.
In case you missed it: this week, we mentioned the influence of the Nationwide Safety Regulation and the “Glory to Hong Kong” Tune Case throughout our webinar, “The Energy of Tune: Repercussions for Freedom of Expression and Digital Rights in Hong Kong,” which Michael Caster joined as a speaker alongside Chung Ching Kwong, political and digital rights activist, Dr. Eric Yan-ho Lai, analysis fellow at Georgetown Heart for Asian Regulation, and moderator Doreen Weisenhaus, Director of the Media Regulation and Coverage Initiative at Northwestern College. The webinar acquired greater than 600 views on X, YouTube, Zoom, and Vimeo. You will discover the recording on our YouTube channel or Web Society’s web site.
Talking about intensifying speech restrictions imposed by the Nationwide Safety Regulation in Hong Kong, Chung Ching Kwong harassed, “The edge of sedition has modified.” Three of the instances we’re that includes on this publication illustrate that change: they’re rulings on sedition fees based mostly on actions that concerned political slogans, like “Hong Kong Independence,” “Free Hong Kong,” and “Restore Hong Kong: Revolution Now.”
On this week’s conclusion, we wish to remind our readers: seven years after her homicide, the legacy of Maltese investigative journalist Daphne Caruana Galizia lives on. On October 15, 2024, the day earlier than the anniversary of Daphne’s dying, ARTICLE 19, Committee to Defend Journalists, PEN Worldwide, and different organizations signed a letter calling on Malta’s authorities to recommit to press freedom by “creating an enabling atmosphere for the Maltese journalist neighborhood.” We invite you to revisit our dialog with Paul Caruana Galizia, Daphne’s son and writer of A Loss of life in Malta: An Assassination and A Household’s Quest for Justice. Paul spoke about fact, justice, the facility of journalism, and the influence of Daphne’s work.
Be a part of us for a panel and roundtable on the upcoming toolkit What’s in a Joke? Assessing Humor in Free Speech Jurisprudence and Content material Moderation on October 25, 2024, at 2:30 PM – 5:30 PM ET.Are you based mostly in NYC? Reserve your spot and meet us at Riverside Church, tenth Ground Lounge, 91 Claremont Ave, New York, NY 10027. Would you prefer to tune in just about? Register right here.
Hong KongHKSAR v. Chung ManDecision Date: September 16, 2024The West Kowloon Magistrates’ Court docket sentenced Chung Man to 10 months imprisonment for a number of fees of sedition, with parts of sentences for Counts 2 and three to be served consecutively to Rely 1. The case concerned incidents between March and April 2024 the place the Defendant wrote varied political slogans together with “Hong Kong Independence,” “Liberate Hong Kong, Revolution of Our Instances,” and derogatory feedback about law enforcement officials on higher deck bus seats. After being recognized via CCTV footage and caught discarding a double-ended pen used for writing the slogans, Chung Man was arrested and admitted to writing the messages, claiming he did so to train freedom of speech and conduct a “social experiment.” The Court docket rejected Chung Man’s protection of impulsive motion, citing proof of premeditation via his constant carrying of writing instruments. The Court docket emphasised the elevated gravity of sedition offenses following the March 2024 legislative modifications. Whereas acknowledging the Defendant’s responsible plea as a mitigating issue decreasing the preliminary 12-month sentence, the Court docket maintained that the repeated nature of the offenses and their influence on nationwide safety warranted consecutive sentencing.
HKSAR v. Chuo Kai Resolution Date: September 16, 2024The West Kowloon Magistrates’ Court docket discovered Chuo Kai, the Defendant, responsible of sedition based mostly on his responsible plea. The case concerned Chuo Kai, who was arrested on June 12, 2024, for sporting a shirt with pro-democracy slogans and a masks with the acronym ‘FDNOL’, symbolizing political calls for. The Court docket thought-about Chuo Kai’s actions as premeditated, noting that he intentionally selected to put on the inflammatory apparel on a date vital to demonstrators. The court docket emphasised the seriousness of the offense, stating that Chuo Kai’s actions posed a threat to social order by probably reviving unrest and undermining the governance of Hong Kong. The Court docket rejected Chuo Kai’s declare of performing spontaneously and harassed the preventive nature of the regulation in discouraging actions that would incite public unrest and endanger nationwide safety.
HKSAR v. Chu Kai PongDecision Date: January 4, 2024The West Kowloon Magistrates’ Court docket sentenced Chu Kai Pong to 14 months in jail for making an announcement with seditious intent underneath Hong Kong’s Nationwide Safety Regulation. The case considerations Chu who was discovered sporting T-shirts and carrying gadgets with slogans like “Free Hong Kong” and “Restore Hong Kong: Revolution Now” at Hong Kong Worldwide Airport, on his solution to Taiwan. The Court docket emphasised the seriousness of his actions, which had been seen as advocating for Hong Kong’s secession from China. Whereas making references to earlier instances on sedition and nationwide safety, the Court docket rejected protection arguments that minimized the offense’s gravity, noting that such actions might incite social chaos.
BrazilThe Case of the X Ban in BrazilDecision Date: August 30, 2024The Federal Supreme Court docket (STF) of Brazil suspended the operations of the social community X (previously Twitter) within the nation attributable to non-compliance with its judicial orders, emphasizing the significance of sovereignty, democracy, and adherence to Brazilian legal guidelines. The Court docket bolstered that each one corporations and entities, home or international, are required to respect Brazilian legal guidelines and judicial selections, including that freedom of expression just isn’t absolute and could be restricted when mandatory to guard democracy and public security. The STF dominated that X should fulfill all rulings, pay fines amounting to just about 30 million reais, and appoint a authorized consultant earlier than resuming actions. Following this choice, X complied with the orders of the Brazilian Supreme Court docket by blocking consumer accounts related to unlawful actions and appointing a authorized consultant in Brazil. A subsequent ruling from the STF made it express that X should nonetheless settle unpaid fines earlier than regaining operational standing in Brazil which it did on October 9, 2024.
● New On-line Course – UNESCO, IPU, and CLD Launch New MOOC for Members of Parliaments to Defend Freedom of Expression. UNESCO, the Inter-Parliamentary Union (IPU), and the Centre for Regulation and Democracy (CLD) have launched a brand new Huge Open On-line Course (MOOC) on defending freedom of expression to assist parliamentarians, their employees, and related stakeholders. Beginning on October 28, 2024, the course will run for 5 weeks in English, French, Portuguese, and Spanish, cowl worldwide freedom of expression requirements, and supply sensible steerage on media and on-line content material regulation. Be taught extra and register right here.
● Upcoming Occasion – Coaching on Counter-Speech in Spanish. The Way forward for Free Speech at Vanderbilt College will host a coaching on counter-speech – responding to dangerous or offensive speech by difficult it and amplifying different viewpoints – in Spanish. Consultants will share insights on the which means and use of counter-speech, and individuals will be taught in regards to the guide for utilizing counter-narratives to confront on-line hate speech and The Freequalizer app, which makes use of AI to help activists. Members will obtain a certificates. This coaching is free, with restricted spots accessible. October 29, 2024. 10:00 AM – 4:30 PM ET. Register right here.
● Upcoming Occasion – Webinar on Borderless Repression: Transnational Threats to Journalists within the European Panorama. Be a part of Media Defence and Free Press Limitless at this upcoming webinar on transnational repression concentrating on exiled journalists in Europe. The webinar, a 60-minute session, will welcome journalists and authorized consultants, who will talk about probably the most pressing instances and methods for defending press freedom towards cross-border threats. October 31, 2024. 8:00 AM ET / 1:00 PM BST / 2:00 PM CEST. Fill out this Zoom kind to attend.
● Report of UN Particular Rapporteur on Freedom of Opinion and Expression, Irene Khan: World Threats to Freedom of Expression Arising from the Battle in Gaza. On October 17, 2024, Irene Khan, UN Particular Rapporteur on Freedom of Opinion and Expression, introduced her latest report “World Threats to Freedom of Expression Arising from the Battle in Gaza” to the UN Common Meeting. The report, printed on August 23, 2024, interrogates the worldwide disaster of freedom of expression that the warfare on Gaza has unleashed – the unprecedented killing of journalists; a surge of antisemitism, Islamophobia, and anti-Palestinian racism; eruption of protests and their harsh suppression. Analyzing the present challenges to freedom of expression, the Particular Rapporteur highlights three: 1) assaults on journalists and the media and subsequent undermining of entry to info, 2) disproportionate and discriminatory silencing of pro-Palestinian voices, and three) “the blurring of the boundaries between protected and prohibited speech.” The report consists of suggestions for states, corporations, tutorial and cultural establishments, and the worldwide neighborhood, urging all “to reject double requirements on human rights.”
● Lebanon: Easy methods to Keep Knowledgeable and Related Throughout a Communications Disaster? SMEX, a digital rights advocacy group based mostly in Lebanon, has been issuing weekly stories on the state of digital rights within the nation and offering on-line security steerage through the battle. This go-to useful resource, ready by SMEX, underscores, “In occasions of warfare, digital safety turns into much more crucial as cyber threats and disinformation campaigns intensify.” The useful resource explains disinformation, methods to confirm on-line information, and demanding steps to make sure the digital security of people and their gadgets. SMEX’s Digital Security Helpdesk gives speedy, free technical assist for human rights activists, marginalized teams, and media employees dealing with on-line threats: doxxing, on-line harassment, hate speech, cyberbullying, surveillance, and gender-based assaults, amongst others.
● Weblog on Pupil Protests, Title VI, and the First Modification. The Knight First Modification Institute has launched a weblog collection on pupil protests and civil rights statutes – Title VI of the 1964 Civil Rights Act specifically, which outlaws discrimination on the premise of race, coloration, or nationwide origin in federally funded college applications. As “[p]rotests and counterprotests on campus generated allegations of antisemitism, racism, and Islamophobia,” writes Jameel Jaffer, Knight’s Government Director, within the introductory submit, “[u]niversities generally took the speech-suppressive actions they did as a result of Title VI required them to, or as a result of they believed it’d.” Jaffer argues not sufficient reflection on Title VI in relation to the First Modification has taken place. The weblog collection outcomes from conversations amongst authorized students that the Knight Institute convened over the summer season. Probably the most not too long ago printed weblog submit asks, “Does Title VI Require Non-public Universities to Limit Pupil Speech?”
This part of the publication options instructing supplies centered on world freedom of expression that are newly uploaded on Freedom of Expression With out Frontiers.
“We Can’t Write the Fact Anymore”: Tutorial Freedom in Hong Kong Beneath the Nationwide Safety Regulation. Ready by the Human Rights Watch and Hong Kong Democracy Council, this 80-page examine traces the drastic decline in tutorial freedom and freedom of expression in eight publicly funded universities in Hong Kong for the reason that imposition of the Nationwide Safety Regulation in June 2020. “Hong Kong universities are microcosms of Hong Kong society,” the report argues, drawing from interviews with students and college students. “As individuals who used to dwell in a free society are immediately thrust into authoritarianism, they grapple with the way to reply, and the way to justify their actions.” Following the evaluate of related worldwide and Hong Kong legal guidelines, the report examines the “earlier than” – the state of educational freedom between 2010 and 2020 – and the “after” – intensifying restrictions on the rights to free speech, affiliation, and peaceable meeting; the local weather of censorship and self-censorship; examples of harassment of lecturers. The report concludes with suggestions.
Platform Legal responsibility, Hate Speech, and the Basic Proper to Free Speech, by Natalie Alkiviadou. On this article, printed by Data & Communications Expertise Regulation, Natalie Alkiviadou, Senior Analysis Fellow on the Way forward for Free Speech challenge at Vanderbilt College, analyzes stringent platform legal responsibility laws and its influence on freedom of expression inside the scope of hate speech. The article references information from a latest report, “Stopping ‘Torrents of Hate’ or Stifling Free Expression On-line? An Evaluation of Social Media Content material Elimination in France, Germany, and Sweden,” which factors to the pattern of over-removal of legally permissible content material.
This article is reproduced with the permission of World Freedom of Expression. For an archive of earlier newsletters, see right here.
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