M.M.M. van Eechoud, Friends or Foes? Creative Commons, Freedom of Information Law and the European Union Framework for Reuse of Public Sector Information in: L. Guibault and C. J. Angelopoulos (ed.), Open Content Licensing From Theory to Practice, Amsterdam: Amsterdam University Press, 2011, p. 169-202.

Freedom of information law is, first and foremost, an instrument that helps to effectuate democratic control of public administration, by giving citizens rights to access government held information.
But access rights are also associated with broader benefits. Government data has economic value beyond the public sector, as it can be used for private sector provision of information services and products. Enhancing commercial exploitation of public sector information has, in recent years, become part of national and European economic policy.
Access for both democratic and economic purposes has implications for how intellectual property rights in government information are exercised. This chapter explores the role of copyright policy in light of the objectives and principles behind freedom of information law and the regulatory framework for the reuse of public sector information. More specifically, it queries whether open content licenses, such as Creative Commons (CC), are indeed as attractive an instrument for the management of intellectual property in government information as they appear to be.

11.10.2011

T. McGonagle, 'Free expression and respect for others' and 'Participation in democratic society' in Y. Lange (red.), Living together: a handbook on Council of Europe standards on media’s contribution to social cohesion, intercultural dialogue, understanding, tolerance and democratic participation, Strasbourg: Council of Europe Publishing 2009, pp. 7-20 en 35-47.

These chapters provide an overview of Council of Europe standards on the relationships between: (i) freedom of expression and information, media pluralism and diversity and the protection of human dignity, and (ii) participation in democratic society and access to information and to the media.

E.H. Janssen, Limits to expression on religion in France, Agama & Religiusitas di Eropa, Journal of European Studies, 2009-1, p. 22-45. Produced in cooperation between the University of Indonesia and the Delegation of the European Commission.

This article examines the limits to expression on religion in France. It places the relevant provisions in French law and national case law concerning expression on religion within the context of the strict separation of the state and the church in France, known as la laïcité. Subsequently, it analyzes whether French case law complies with the relevant case law of the European Court of Human Rights.

09.04.2009

J.V.J. van Hoboken, Freedom of Expression Implications for the Governance of Search, in Searching for Audiovisual Content, IRIS Special, December 2008.

30.03.2009

T. McGonagle, The international and European legal standards for combating racist expression, paper in Expert seminar: Combating racism while respecting freedom of expression organised by the European Commission against Racism and Intolerance (ECRI) - Proceedings, Strasbourg: ECRI 2007, p. 77-95.

19.09.2007

Expert seminar: Combating racism while respecting freedom of expression organised by the European Commission against Racism and Intolerance (ECRI) - Proceedings, Strasbourg: ECRI 2007, p. 39-50.

19.09.2007

This article examines the notion of cultural diversity, explains why it should be promoted and assesses the important role of new media technologies in advancing that aim.

18.07.2008

A.W. Hins & D. Voorhoof, Access to State-Held Information as a Fundamental Right under the European Convention on Human Rights, European Constitutional Law Review (EuConst), Cambridge University Press, 2007-1, p. 114-126.

Access to state-held information essential in a democratic society - Traditional reluctance of the European Court of Human Rights to apply Article 10 European Convention on Human Rights in access to information cases - Positive obligations and new perspectives: initiatives within the Council of Europe - Parallel with the Inter-American Court of Human Rights - Sdruženi Jihoceské Matky decision of the European Court: the beginning of a new era?

11.05.2007

18.05.2002

This is an in-depth report on the deliberations of a recent OSCE Meeting on Freedom of Expression. The three main themes of the meeting were: legal and non-legal frameworks, including criminal defamation laws; the role of free speech in advancing the objectives of the OSCE and broadening access to new information technologies. The report also sets the meeting in context by outlining the OSCE’s commitments to various aspects of freedom of expression.

07.05.2002

This article offers a brief exploration of the interaction between freedom of expression and "hate speech" under international law.

09.12.2001

This short article argues that the impact of the UN World Conference Against Racism will be significant, but not necessarily immediate.

09.12.2001

This article offers a concise overview of the often problematic interaction between freedom of expression and anti-racism under international law.

09.09.2001

This report provides an overview of the changing face of broadcasting law and practice in a number of South-East European countries. It also analyses the status quo in these countries in light of international human rights standards, in particular as regards freedom of expression.

09.09.2001

The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

06.08.2001

P. Bernt Hugenholtz, ‘Copyright and Freedom of Expression in Europe’, Rochelle Cooper Dreyfuss, Diane Leenheer Zimmerman & Harry First (eds.), Expanding the Boundaries of Intellectual Property. Innovation Policy for the Knowledge Society, Oxford: Oxford University Press (2001).

Can the rising tide of copyright and related rights be stopped? Recent court decisions from Europe seem to suggest that freedom of expression and information, as guaranteed inter alia by the European Convention on Human Rights (ECHR), may limit overbroad protection. Contains description of constitutional framework of copyright in Europe, introduction to Article 10 ECHR, overview of copyright v. free speech case law in Europe (focus on Germany, Netherlands and France), analysis of relevant ECHR case law, and conclusions.

05.04.2000

15.12.2001

The E-Commerce Directive establishes a regime for on-line intermediary liability. However, certain aspects of the Directive may force intermediaries, in particular host service providers, to indiscriminately take-down content even if it is extremely doubtful that the material is in fact unlawful or illegal. This piece investigates these flaws of the Directive’s liability limitations that may unduly hinder the freedom of information and fair competition. Additionally, possible solutions to these drawbacks are explored.

15.05.2000

P.Bernt Hugenholtz, ‘Code as code, or the end of intellectual property as we know it’, Maastricht Journal of European and Comparative Law, Volume 6 (1999), No. 3, p. 308-318.

In this article two potential substitutes for the copyright regime will be described: contract law and information technology. The combination of both instruments poses a direct threat to the copyright system, as we know it. Contract and ‘code’ combined have the capability of making copyright and its set of statutory limitations largely redundant, and may require an entire new body of information law to safeguard the public domain.

07.09.1999

Within Europe, the legal protection of pay-TV services against piracy is not as complete as service providers might hope. This article explores to what extent the recently adopted Conditional Access Directive will change this situation.

24.02.2000

Egbert J. Dommering, ‘The Dutch System of Financing of Public Broadcasting’, in: Rüdiger Pethig en Sofia Blind (ed.), Fernsehfinanzierung. Ökonomische, Rechtliche und Ästhetische Pesppektiven, Westdeutscher Verlag: Opladen/ Wiesbaden 1998, p. 248-255.

This article analyses the financing system of the Dutch public service broadcasting and discusses the arguments used for justification of the licensing fee.

03.08.1998

14.12.1998

Updated 03.07.2012