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New Media and Freedom of Expression
The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Comparative Privacy and Defamation
Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.
Blasphemy and Freedom of Expression
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
New Media and Freedom of Expression
The principles of freedom of expression have been developed over centuries. How are they preserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of internet as a specific medium. It then turns to analysing the legal issues relating to the operations of the three most important gatekeepers (ISPs, search engines and social media platforms) that affect freedom of expression. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international (Council of Europe, European Union) developments, as well as the jurisprudence of the European Court of Human Rights.
The Troubled Relationship Between Religions and the State
The issues discussed in this book all stand at the crossroads of freedom of speech and freedom of religion. In some cases, the two rights clash when somebody practising their right to freedom of speech affects others' rights to freedom of religion, as in instances of blasphemy and hate speech. In other cases, the two rights, reinforcing one another, together provide protection for the individual. Not even this joint protection, however, is always sufficient to prevent state intervention, for example, the restriction of rights in wearing religious symbols or religious advertising rules. A question of a third type is when the state, or a state body, enters the public space and becomes the 'spe...
Media Freedom and the Law
The main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels. It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnin...
Disinformation, Misinformation, and Democracy
In today's digital age, the spread of dis- and misinformation across traditional and social media poses a significant threat to democracy. Yet repressing political speech in the name of truth can also undermine democratic values. This volume brings together prominent legal scholars from democracies worldwide to explore and evaluate different regulatory approaches for addressing this complex problem - all taking into account that the cure must not be worse than the disease. Using a comparative lens, the book offers important and novel insights into methods ranging from national regulation of politicians' speech to empowering civil-society groups that are well-positioned to blunt the effects of disinformation and misinformation. The book also provides solutions-oriented recommendations for policymakers, judges, legal practitioners, and scholars seeking to promote democratic values by encouraging free political speech while combatting disinformation and misinformation. This title is also available as Open Access on Cambridge Core.
Religious Ideas in Liberal Democratic States
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Each from their own discipline and perspective, these scholars contribute to the question of whether, in the present-day pluralist state, there is room for state symbolism or personal religious signs or attire in the public school classroom.
The Troubled Relationship Between Religions and the State
" ... discusses the legal debates surrounding the use of religious symbols in schools, public places and media advertising, the freedom of the state in integrating religious studies in public education, the limitations on wearing religious clothing and symbols and the restriction of blasphemy laws"--Publisher's website.
