Article 10 ECHR and Expressive Conduct

Article 10 ECHR and Expressive Conduct external link

Fahy, R. & Voorhoof, D.

Communications Law, vol. 24, num: 2, pp: 62-73, 2019

Abstract

The European Court of Human Rights has recently delivered a series of judgments finding violations of the right to freedom of expression over convictions for engaging in expressive conduct. The purpose of this article is to discuss the European Court's recent case law on expressive conduct under Article 10 of the European Convention on Human Rights, and in particular to assess in what circumstances, if any, domestic courts may impose prison sentences, even if suspended, on individuals engaging in peaceful, but provocative and offensive expression.

Links

https://www.ivir.nl/publicaties/download/Communications_Law_2019.pdf

article 10, expressive conduct, Freedom of expression, frontpage

RIS

Save .RIS

Bibtex

Save .bib

Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law external link

Jütte, B. & Quintais, J.

European Intellectual Property Review , vol. 41, num: 10, pp: 654-657, 2019

Abstract

In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205

Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling

RIS

TY  - JOUR
AU  - Jütte, B.
AU  - Quintais, J.
PY  - 2019
DA  - 2019-05-09
T1  - Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law
JO  - European Intellectual Property Review 
VL  - 41
NV  - 10
SP  - 654-657
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3377205
AB  - In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.
K1  - Copyright
K1  - EU law
K1  - Freedom of expression
K1  - frontpage
K1  - Fundamental rights
K1  - limitations and exceptions
K1  - music sampling
ER  -

Save .RIS

Bibtex

Article{Jütte2019,
	title = {Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law},
	author = {Jütte, B. and Quintais, J.},
	year = {2019},
	date = {2019-05-09},
	journal = {European Intellectual Property Review },
	volume = {41},
	number = {10},
	pages = {654-657},
	abstract = {In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.},
	keywords = {Copyright, EU law, Freedom of expression, frontpage, Fundamental rights, limitations and exceptions, music sampling},
}

Save .bib

An Analysis of Germany’s NetzDG Law external link

Tworek, H., & Leerssen, P.

2019

Links

https://www.ivir.nl/publicaties/download/NetzDG_Tworek_Leerssen_April_2019.pdf

Freedom of expression, frontpage, Germany, hate speech

RIS

Save .RIS

Bibtex

Save .bib

De/politisering van de Waarheid: Complottheorieën, alternatieve feiten en nepnieuws in het tijdperk van de postwaarheid external link

Harambam, J.

Sociologie, vol. 13, num: 1, pp: 73-92, 2018

Abstract

The Truth dominates many public discussions today. Conventional truths from established epistemic authorities about all sorts of issues, from climate change to terrorist attacks, are increasingly challenged by ordinary citizens and presidents alike. Many have therefore proclaimed that we have entered a post-truth era: a world in which objective facts are no longer relevant. Media and politics speak in alarmist discourse about how fake news, conspiracy theories and alternative facts threaten democratic societies by destabilizing the Truth ‐ a clear sign of a moral panic. In this essay, I firstly explore what sociological changes have led to (so much commotion about) the alleged demise of the Truth. In contrast to the idea that we have moved beyond it, I argue that we are amidst public battles about the Truth: at stake is who gets to decide over that and why. I then discuss and criticize the dominant counter reaction (re-establishing the idea of one objective and irrefutable truth), which I see as an unsuccessful de-politisation strategy. Basing myself on research and experiments with epistemic democracy in the field of science studies, I end with a more effective and democratic alternative of how to deal with knowledge in the complex information landscape of today.

Links

algoritmes, conspiracy theories, Fake news, fakenews, Freedom of expression, frontpage

RIS

TY  - JOUR
AU  - Harambam, J.
PY  - 1123
DA  - 2018-11-23
T1  - De/politisering van de Waarheid: Complottheorieën, alternatieve feiten en nepnieuws in het tijdperk van de postwaarheid
JO  - Sociologie
VL  - 13
NV  - 1
SP  - 73-92
UR  - https://www.ingentaconnect.com/contentone/aup/soc/2017/00000013/00000001/art00007#
DO  - https://doi.org/https://doi.org/10.5117/SOC2017.1.HARA
AB  - The Truth dominates many public discussions today. Conventional truths from established epistemic authorities about all sorts of issues, from climate change to terrorist attacks, are increasingly challenged by ordinary citizens and presidents alike. Many have therefore proclaimed that we have entered a post-truth era: a world in which objective facts are no longer relevant. Media and politics speak in alarmist discourse about how fake news, conspiracy theories and alternative facts threaten democratic societies by destabilizing the Truth ‐ a clear sign of a moral panic. In this essay, I firstly explore what sociological changes have led to (so much commotion about) the alleged demise of the Truth. In contrast to the idea that we have moved beyond it, I argue that we are amidst public battles about the Truth: at stake is who gets to decide over that and why. I then discuss and criticize the dominant counter reaction (re-establishing the idea of one objective and irrefutable truth), which I see as an unsuccessful de-politisation strategy. Basing myself on research and experiments with epistemic democracy in the field of science studies, I end with a more effective and democratic alternative of how to deal with knowledge in the complex information landscape of today.
K1  - algoritmes
K1  - conspiracy theories
K1  - Fake news
K1  - fakenews
K1  - Freedom of expression
K1  - frontpage
ER  -

Save .RIS

Bibtex

Article{Harambam2017,
	title = {De/politisering van de Waarheid: Complottheorieën, alternatieve feiten en nepnieuws in het tijdperk van de postwaarheid},
	author = {Harambam, J.},
	doi = {https://doi.org/https://doi.org/10.5117/SOC2017.1.HARA},
	year = {1123},
	date = {2018-11-23},
	journal = {Sociologie},
	volume = {13},
	number = {1},
	pages = {73-92},
	abstract = {The Truth dominates many public discussions today. Conventional truths from established epistemic authorities about all sorts of issues, from climate change to terrorist attacks, are increasingly challenged by ordinary citizens and presidents alike. Many have therefore proclaimed that we have entered a post-truth era: a world in which objective facts are no longer relevant. Media and politics speak in alarmist discourse about how fake news, conspiracy theories and alternative facts threaten democratic societies by destabilizing the Truth ‐ a clear sign of a moral panic. In this essay, I firstly explore what sociological changes have led to (so much commotion about) the alleged demise of the Truth. In contrast to the idea that we have moved beyond it, I argue that we are amidst public battles about the Truth: at stake is who gets to decide over that and why. I then discuss and criticize the dominant counter reaction (re-establishing the idea of one objective and irrefutable truth), which I see as an unsuccessful de-politisation strategy. Basing myself on research and experiments with epistemic democracy in the field of science studies, I end with a more effective and democratic alternative of how to deal with knowledge in the complex information landscape of today.},
	keywords = {algoritmes, conspiracy theories, Fake news, fakenews, Freedom of expression, frontpage},
}

Save .bib

Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.

0517

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

Links

https://rm.coe.int/freedom-of-expression-the-media-and-journalists-iris-themes-vol-iii-de/16807c1181

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

RIS

TY  - BOOK
AU  - McGonagle, T.
AU  - Voorhoof, D.
PY  - 0517
DA  - 2018-05-17
T1  - Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights
UR  - https://rm.coe.int/freedom-of-expression-the-media-and-journalists-iris-themes-vol-iii-de/16807c1181
AB  - This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.
K1  - case law
K1  - European Court of Human Rights
K1  - Freedom of expression
K1  - frontpage
K1  - Journalism
K1  - Media law
ER  -

Save .RIS

Bibtex

Save .bib

The Chilling Effect of Liability for Online Reader Comments external link

Fahy, R.

European Human Rights Law Review, vol. 2017, num: 4, pp: 387-393, 2017

Abstract

This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of freedom of expression law where a similar chilling effect may also arise.

Links

https://www.ivir.nl/publicaties/download/EHRLR_2017_4.pdf

chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments

RIS

TY  - JOUR
AU  - Fahy, R.
PY  - 0824
DA  - 2017-08-24
T1  - The Chilling Effect of Liability for Online Reader Comments
JO  - European Human Rights Law Review
VL  - 2017
NV  - 4
SP  - 387-393
UR  - https://www.ivir.nl/publicaties/download/EHRLR_2017_4.pdf
AB  - This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of
freedom of expression law where a similar chilling effect may also arise.
K1  - chilling effect
K1  - defamation
K1  - electronic publishing
K1  - Freedom of expression
K1  - frontpage
K1  - Human rights
K1  - liability
K1  - online reader comments
ER  -

Save .RIS

Bibtex

Article{Fahy2017b,
	title = {The Chilling Effect of Liability for Online Reader Comments},
	author = {Fahy, R.},
	year = {0824},
	date = {2017-08-24},
	journal = {European Human Rights Law Review},
	volume = {2017},
	number = {4},
	pages = {387-393},
	abstract = {This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of
freedom of expression law where a similar chilling effect may also arise.},
	keywords = {chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments},
}

Save .bib

Annotatie bij EHRM 22 november 2016 (Kaos GL / Turkije) external link

McGonagle, T.

European Human Right Cases, num: 6, 2017

Links

https://www.ivir.nl/publicaties/download/Annotatie_EHRC_2017_6.pdf

case law, EHRM, Freedom of expression, frontpage, protection of morals

RIS

Save .RIS

Bibtex

Save .bib

Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.

European Audiovisual Observatory, 0413, ISBN: 9789287184351

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). The latest edition of the e-book is also available in French and in German. For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

Links

https://www.ivir.nl/publicaties/download/IRISThemesVolIII_2016.pdf

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

RIS

TY  - BOOK
AU  - McGonagle, T.
AU  - Voorhoof, D.
PY  - 0413
DA  - 2017-04-13
T1  - Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights
UR  - https://www.ivir.nl/publicaties/download/IRISThemesVolIII_2016.pdf
AB  - This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). The latest edition of the e-book is also available in French and in German. 
For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.
K1  - case law
K1  - European Court of Human Rights
K1  - Freedom of expression
K1  - frontpage
K1  - Journalism
K1  - Media law
ER  -

Save .RIS

Bibtex

Book{McGonagle2017b,
	title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights},
	author = {McGonagle, T. and Voorhoof, D.},
	year = {0413},
	date = {2017-04-13},
	abstract = {This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). The latest edition of the e-book is also available in French and in German. 
For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.},
	keywords = {case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law},
}

Save .bib

The Weeping Angels are back, and they attack our privacy via smart TVs external link

Irion, K. & Helberger, N.

2017

Links

https://policyreview.info/articles/news/weeping-angels-are-back-and-they-attack-our-privacy-smart-tvs/451

CIA, Data protection, e-Privacy regulation, Freedom of expression, frontpage, Internet, Privacy, Smart TV

RIS

Save .RIS

Bibtex

Save .bib

Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe external link

Kulk, S. & Zuiderveen Borgesius, F.

forthcoming in J. Polonetsky, O. Tene, E. Selinger (ed.), Cambridge Handbook of Consumer Privacy, 2017, 0302

Abstract

In this chapter we discuss the relation between privacy and freedom of expression in Europe. In principle, the two rights have equal weight in Europe – which right prevails depends on the circumstances of a case. We use the Google Spain judgment of the Court of Justice of the European Union, sometimes called the ‘right to be forgotten’ judgment, to illustrate the difficulties when balancing the two rights. The court decided in Google Spain that people have, under certain conditions, the right to have search results for their name delisted. We discuss how Google and Data Protection Authorities deal with such delisting requests in practice. Delisting requests illustrate that balancing privacy and freedom of expression interests will always remain difficult.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2923722

Criminal Conviction, Dutch Law, Freedom of expression, Freedom of Speech, frontpage, Personal data, Privacy, right to be forgotten, Search Engine, Sensitive Data, Special Categories of Data

RIS

TY  - CHAP
AU  - Kulk, S.
AU  - Zuiderveen Borgesius, F.
PY  - 0302
DA  - 2017-03-02
T1  - Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2923722
AB  - In this chapter we discuss the relation between privacy and freedom of expression in Europe. In principle, the two rights have equal weight in Europe – which right prevails depends on the circumstances of a case. We use the Google Spain judgment of the Court of Justice of the European Union, sometimes called the ‘right to be forgotten’ judgment, to illustrate the difficulties when balancing the two rights. The court decided in Google Spain that people have, under certain conditions, the right to have search results for their name delisted. We discuss how Google and Data Protection Authorities deal with such delisting requests in practice. Delisting requests illustrate that balancing privacy and freedom of expression interests will always remain difficult.
K1  - Criminal Conviction
K1  - Dutch Law
K1  - Freedom of expression
K1  - Freedom of Speech
K1  - frontpage
K1  - Personal data
K1  - Privacy
K1  - right to be forgotten
K1  - Search Engine
K1  - Sensitive Data
K1  - Special Categories of Data
ER  -

Save .RIS

Bibtex

Chapter{Kulk2017,
	title = {Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe},
	author = {Kulk, S. and Zuiderveen Borgesius, F.},
	year = {0302},
	date = {2017-03-02},
	abstract = {In this chapter we discuss the relation between privacy and freedom of expression in Europe. In principle, the two rights have equal weight in Europe – which right prevails depends on the circumstances of a case. We use the Google Spain judgment of the Court of Justice of the European Union, sometimes called the ‘right to be forgotten’ judgment, to illustrate the difficulties when balancing the two rights. The court decided in Google Spain that people have, under certain conditions, the right to have search results for their name delisted. We discuss how Google and Data Protection Authorities deal with such delisting requests in practice. Delisting requests illustrate that balancing privacy and freedom of expression interests will always remain difficult.},
	keywords = {Criminal Conviction, Dutch Law, Freedom of expression, Freedom of Speech, frontpage, Personal data, Privacy, right to be forgotten, Search Engine, Sensitive Data, Special Categories of Data},
}

Save .bib