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Any truly participatory political system cannot exist without it nor any legal system linked to such politics, argues Eric Heinze. The UK can show the way on platform regulation. But not by treating Facebook and Google as publishers Mark Bunting argues that the tech giants should accept ‘procedural accountability’. Attacked, threatened and criminalised: LGBTI freedom of speech in Nigeria Jude Dibia explores the criminalisation and violence faced by the LGBTI community after the Same-Sex Marriage Prohibition Act. For all that is changing, free speech is still ‘under siege’ in Nigeria Bill Snaddon discusses political reform in Nigeria and the prosecution of the killers of Nigerian writers and journalists. The Jawaharlal Nehru University affair Udit Bhatia discusses the Indian government’s use of colonial-era laws against sedition and its failure to protect protestors taken into police custody. Citizens United: how the US Supreme Court struck down limits on corporate electioneering on the grounds of free speech Max Harris analyses the case and the applicability of US First Amendment rights to corporations. Rafael Marques and defamation law in Angola Andreia Reis examines the prosecution of Rafael Marques and how free speech has been constrained in Angola. Free speech and the duty of loyalty Sissel Trygstad examines employees’ rights in Norwegian workplaces. Who decides what is ‘extreme pornography’ that could send you to jail? Clarissa Smith examines the flawed narratives underlying pornography laws in the UK. Why we should defend the right to be offensive Free speech can make for uncomfortable listening, argues Roger Scruton, but it needs to be defended even when it gives offence. ‘Lee Kuan Yew is Finally Dead!’ blogger prosecuted Julian Simmons examines a Singaporean’s expletive-laden video on the recently deceased leader and his conviction for wounding religious feelings. In India, the censor’s razor is here to stay Udit Bhatia explores the changing nature of state censorship of film in India and prospects for the future. Why ‘no-platforming’ those who peddle hate speech does not pose a free speech issue Purushottam Vikas engages with criticisms directed at a controversial petition regarding an Oxford India Society speaking event. Is the Inter-American Court of Human Rights setting regional standards? Laura Bernal-Bermudez examines a judgement that actually led to a change in the Chilean constitution The battle for balance on Ireland’s airwaves Declan Johnston explores whether regulatory requirements for Ireland’s broadcasters worked well in its referendum on same-sex marriage. The cultural harm of rape pornography Erika Rackley and Clare McGlynn consider the evidence for this ‘cultural harm’ and argue that education is the best way to counter it. 法国是否在自由言论的问题上表现伪善? 在查理枪杀案的阴影下,Arthur Asseraf审视了法国殖民时代在阿尔及利亚的双重标准。 Can a book be too dangerous for the public? Sebastian Huempfer examines the tortured controversy around republication of a copyright-free Mein Kampf in Germany. Law restricting online speech struck down in India Max Harris examines a historic judgment by India’s Supreme Court and its lessons for other countries. Italy and the law on denialism Luigi Cajani explains how Italy’s draft law on the denial of international crimes minimises the impact on intellectual freedom. Should ‘revenge porn’ be illegal? Max Harris explains how Britain legislated against it and compares this with the position in other common law countries John Naughton: Are private superpowers a threat to free speech? John Naughton discusses the state of the internet, net neutrality and private companies. How and why Hong Kong’s press downplayed the ‘umbrella movement’ of 2014 Rebecca Wong describes the combined pressures of Chinese political power and the interests of media proprietors. What is right speech and why is it important? Leslie Green argues that Buddhist ideas about avoiding divisive, abusive and false speech can help us live together well in free societies 幻想的自由?色情及其危害 Jo Fidgen探讨了是否有足够的证据显示色情影片对于性行为有不良影响。 How the British press distorted reporting of… the British press Martin Moore, of the Media Standards Trust, summarises an analysis of British press coverage of proposed new press regulation. Google grapples with the ‘right to be forgotten’ Katie Engelhart attends the public hearing of Google’s Advisory Council, set up in response to a European Court of Justice judgement. Religion: Sample our intellectual buffet. Or make your own meal. Timothy Garton Ash introduces a sample tour of the content on our site. US Supreme Court strikes down law creating ‘buffer zone’ around abortion clinics In the case of McCullen v Coakley, the US Supreme Court issued a landmark ruling about restrictions on speech around abortion clinics. Max Harris explains. Should Europe introduce a right to blasphemy? Alain Bouldoires talks to Timothy Garton Ash about the survival of blasphemy laws in Europe, and calls for a ‘right to blaspheme’. Vote for Hong Kong – on the streets and online In 2014, the citizens of Hong Kong staged an unofficial civil referendum in protest against the Beijing authorities’ attempts to undermine its independence. As Rebecca Wong reports, the majority of the votes were cast via a voting app on mobile phones. A landmark Canadian hate speech case: Her Majesty the Queen v Keegstra In 1990, the Supreme Court of Canada issued a famous ruling in a case involving a high school teacher and alleged anti-Semitism. Max Harris explains. Should ISPs be told to block “adult” content? Internet Service Providers do not merely route data packets from end-to-end, but are heavily involved in monitoring their customers’ online activities. Ian Brown discusses the implications of Britain’s suggested “voluntary” opting out of “adult content”, with little parliamentary and court involvement. EU versus intellectual freedom? In a bid to synchronise hate crimes, the EU is seeking unity amongst members states against the denial of historical injustices. Is this the EU versus member states’ appreciation of intellectual freedom? Luigi Cajani explains. How an attempt at ‘libel tourism’ rebounded on a Tanzanian tycoon A British citizen blogged about a Tanzanian media magnate involved in throwing her and her husband off their Tanzanian farm. He sued for libel in a British court. Dominic Burbidge explains. Eatock v Bolt: a controversial Australian hate speech case Max Harris explains why journalist Andrew Bolt was found in breach of Australia’s Racial Discrimination Act for articles about “fair-skinned Aboriginal people”. The long struggle to bury speech crimes in the English-speaking world Anthony Lester and Zoe McCallum look at how the ghost of the English Court of the Star Chamber has been used to suppress free speech. Nineteen arguments for hate speech bans – and against them Free speech scholar Eric Heinze identifies the main arguments for laws restricting hate speech and says none are valid for mature Western democracies. Is it a crime to offend bread? For one taxi company in the Russian town of Kostroma, the answer turned out to be yes. Sergey Fadeev explains. Assessing the state of free speech in Norway University of Oslo professor Tore Slaatta describes a pioneering project to evaluate freedom of expression in a whole country. Britain’s proposed online porn filters How do we strike the right balance between freedom of expression and child protection? Sarah Glatte explores a proposal by the British government. Internet access in the age of the surveillance state Oxford University’s Ian Brown asks what Europe can do to protect our digital rights and privacy. Is Facebook just the new chamber of commerce and Twitter the new telegraph? Political theorist Rob Reich discusses what adaptations we need as freedom of speech and association move increasingly from the offline to the online world. Can the old principles still apply in new circumstances? Who is tracking the trackers? Use “Collusion” to find out. The debate raised by revelations of NSA surveillance has drawn our attention to how we are being tracked online. Sebastian Huempfer describes a new tool to show us how those electronic cookies crumble. Why ramp up internet surveillance in Nigeria? The Nigerian government is rumoured to have sealed a $40m dollar contract for internet surveillance technology. There is no clear justification for this “secret” deal, and no assurance that the technology would be used fairly, given Nigeria’s lack of established rights for citizen privacy. By Nwachukwu Egbunike and Dominic Burbidge. Why did the famous Indian painter M.F Husain feel he had to leave India? Shruti Kapila, Patrick French and Faisal Devji discuss freedom of expression and the arts in India. The UN’s search for international consensus on free speech Josh Black hears the UN High Commissioner for Human Rights, Navi Pillay, discuss the quest for shared laws and standards. Can a law-abiding liberal democracy be Big Brother? Jeff Howard explores the legal basis on which the US is collecting vast amounts of data on foreign and US citizens, despite the Fourth Amendment. A whistleblower’s argument Edward Snowden was not the first NSA official to sound the alarm. Thomas Drake, winner of the Sam Adams Award for Integrity in Intelligence, makes his case to Free Speech Debate. Martha Nussbaum: How can we best approach the challenge of religious difference? Legal philosopher Martha Nussbaum gave the 2013 Dahrendorf Lecture, exploring how to live with religious diversity. When to be silent is to speak Stephen Meili examines the contrasting UK and US treatment of people who refuse to declare a political allegiance. Does India need its Leveson? India has its own fierce debate about media regulation. Arghya Sengupta discusses how the shadow of the 1970s “Emergency” hangs over proposed steps from failed self-regulation to statutory regulation. The bizarre story of how lippy librarians faced down a silly publisher A university librarian faced a lawsuit over a critical blog post about the publishing house Edwin Mellen Press but online solidarity won out. By Dominic Burbidge. Is privacy getting lost in Google’s “cracks and crevices”? A globally-effective privacy regime is a realistic goal, argues Ian Brown. But it needs giants like Google to get behind it. A right to privacy? Not at the expense of free speech! Our user imos.org.uk argues with one of our draft principles challenging the idea that privacy is a condition for free speech. Jesus Christ Superstar? Not in Rostov, Russia The Russian parliament’s vote in support of a declaration against acts offending religious sentiments is symptomatic of worrying trends, write Olga Shvarova and Dominic Burbidge. Free Speech Bites Nigel Warburton spoke with Timothy Garton Ash for Index on Censorship’s Free Speech Bites about the Free Speech Debate Project and global free speech standards. The ‘Brandenburg test’ for incitement to violence In 1969, the U.S. Supreme Court made history by ruling that, to merit conviction, the violence advocated must be intended, likely and imminent. By Jeff Howard. 仇恨言论何时成为危险言论?以肯尼亚和卢旺达为例 Katherine Bruce-Lockhart认为即将对肯尼亚播音员Joshua Arap Sang进行的审判将为探讨语言和暴力之间的关系提出一些关键的问题。 儿童色情与言论自由 Rónán Ó Fathaigh质疑,在‘卡图宁诉芬兰政府’案中,欧洲人权法院认为传播儿童色情制品是行使言论自由的一种形式,这是否正确呢? 碧姬·芭铎再三煽动种族仇恨被定罪 Michèle Finck问道,是否应当允许一位世界著名的女演员谴责外国人“人口过多”? The Copyright Alert System: coming to a home near you? The question of how best to respond to the unauthorised dissemination of copyright-protected expression over the internet has long troubled copyright owners. But the proposed solution of a Copyright Alert could potentially erode free speech, writes Graham Reynolds. Freedom for history? The case against memory laws Josie Appleton talks to Pierre Nora and Olivier Salvatori of the Liberté pour l’Histoire initiative in France. Who should guard the Guardian? Alan Rusbridger, editor-in-chief of the Guardian, argues that Britain needs both a free press and reform of its failed regulatory system. Since this will require both time and openness, a new independent press regulator should therefore be given a year’s trial run. Free speech and the gun in Libya Libyan media are crippled by their Gaddafi legacy. Without new regulations and, above all, bravery to stand up to violent intimidation, freedom of speech remains a distant dream, writes Jerry Timmins. 不准询问也不准告知 David Erdos写道,在在欧盟范围内触及每个人生活的数据保护法即将修订。这些法律提案过于严苛:是时候为那些研究人员的利益摇旗呐喊了。 缅甸政府又重新陷入审查制度? Ellen Wiles写到,尽管一直在说出版自由,但缅甸政府却令人惊讶地推出了一部新法,其中包扩了许多打压自由的条款,损害了政府创建的出版委员会的工作。 Has the Strasbourg court allowed too much for local taboos? At the European Court of Human Rights, the case of I.A. against Turkey in 2005 acted as a controversial precedent for limiting Article 10’s definition of freedom of expression in the name of religion, explains Michele Finck. 中国的公共言论哲学:没有足够的理论? 中国政府对言论自由的态度源于一种复杂而富有智慧的哲学。Rogier Creemers试图厘清其中的缘由。 导致自杀的网络欺凌 加拿大少年Amanda Todd在遭受了多年的网络欺凌和骚扰后于2012年10月10日自杀身亡。 Judith Bruhn讲述了这个令人震惊的案例。 开放存取的学术期刊:采纳金色模式? 学术出版的世界目前面临抉择:公家机关要求政府补助的研究应该开放给民众查阅。 Dominic Burbidge探讨了这其中有哪些难处。 Can the treatment of animals be compared to Nazi concentration camps? Not in Germany, said the German courts. And the European Court of Human Rights agreed. 我们有权利向政府说谎吗? 在1964年具有里程碑意味的“纽约时报诉苏利文案”中,美国最高法院裁定,对政府官员的批评,即便不是完全准确的,也必须受到保护。撰文:Jeff Howard Pressing for freedom: the protest over China’s “Southern Weekly” The Chinese Communist Party aims to control privately owned media without appearing to do so. A strike at a local newspaper imperils that balance, writes Liu Jin. The practice of freedom Burma’s pro-democracy leader Aung San Suu Kyi stresses the importance of free speech but emphasises the Buddhist idea of “right speech”. 在菲律宾,小心您转发的内容 Purple S. Romero写道,菲律宾新出台的网络犯罪法将给予政府不受限制的权力监控互联网用户,关闭网站并监禁公民。 The Nira Radia tapes controversy and the right to privacy Should government-initiated phone hacking be made public if the recordings are in the public interest? Shubhangi Bhadada exposes the thin line in India between the right to privacy and freedom of expression. 阿兰达蒂·洛伊论印度媒体与国家安全 这位屡获大奖的印度小说家、社会活动家向Manav Bhushan介绍了印度政府是如何通过媒体和雇佣打手等方法来限制言论自由。 The future of free speech Human Rights activist Aryeh Neier speaks about the future of free speech. Why Rwanda and Libya need free speech – and media regulation Jerry Timmins describes a new report on media in two post-conflict societies, and argues that countries like Britain should do more to support them. Why did Facebook delete a call for an anti-fascist rally in Hungary? Facebook’s automatic detection of the word ‘Jude’ led to the blocking of A Hungarian anti-fascist group’s post. Tamas Szigeti explores the worrying implications of automatic filtering for freedom of speech. A sticky WCIT and the battle for control of the internet At the World Conference on International Telecommunications (WCIT), authoritarian governments staked worrying claims. But the US-dominated model of non-governmental internet governance brings its own problems, writes Alison Powell. Beware of the Clinton Paradox. You can’t be serious! The birthplace of western homo-erotica cuts a gay kiss from TV, writes Judith Bruhn. Should Russian speakers be obliged to learn Estonian? FSD’s Olga Shvarova criticises the language-based discrimination ethnic Russians face in Estonia. The Kremlin’s grip tightens on Russia’s answer to Facebook Russian social network VK launched six years ago and has since attracted 122 million users. But as Olga Shvarova explains, political and copyright crackdowns are limiting the free flow of information and ideas its users once enjoyed. 雅虎与中国的言论自由和匿名权 2002年, 雅虎将王小宁的个人资料提交给中国当局, 他被判入狱十年。 Judith Bruhn和大家探讨了法律和道义之间的矛盾。 Zambia’s secret freedom of information bill If a decade of stalled attempts to enact Zambia’s Freedom of Information bill seems comical, there is underlying tragedy in how politicians have fallen short of their free speech rhetoric, writes Dominic Burbidge. Censoring a billion voices to save a nation Manav Bhushan, an Indian member of the Free Speech Debate team, makes the case for blocking hate-filled websites in his country. 记者需要文凭吗? 巴西参议院最近恢复了一项法律,要求记者必须拥有新闻学学士学位。Felipe Correa写到,这个拟议的宪法修正案可能会进一步限制记者的行业。 暴动小猫、普京治下的俄罗斯以及东正教会 朋克乐队”暴动小猫“在莫斯科一家教会的反普京表演是“仇恨宗教的流氓行为”还是“艺术地表达政治立场”? Olga Shvarova讨论了这个案例。 Why the EU’s “harmonisation machine” should stay away from history Claus Leggewie and Horst Meier explain why memory laws are the wrong way for Europeans to remember and debate their difficult pasts. 荷兰通过了欧洲首部网络中立法 Graham Reynolds写到,荷兰参议院批准修订法案,限制互联网服务运营商的能力,以阻止或缓解网络运营商屏蔽或者减慢互联网上的应用和服务。 中国的人肉搜索引擎 虽然中国的人肉搜索引擎可以帮助揭露政府的腐败,但也可以用来羞辱普通市民,Judith Bruhn和大家探讨了这个问题。 France’s Armenian genocide law In January 2012, the French Senate approved a law criminalising the denial of any genocide recognised by the state, writes Clementine de Montjoye. How should publishers respond to protests for and against the publication of the same essay? In 2011, three Indian scholars called on OUP India to re-publish an essay which had been denounced by Hindu extremists. Less than two weeks later, the publisher reversed its earlier decision not to re-publish. 支持恐怖主义的言论有罪吗?马萨诸塞州认为有罪 Jeff Howard写到,2012年,Tarek Mehanna被美国法院判处监禁17年半,罪名是密谋支持恐怖分子。 Judge grills mogul: the uses of transparency The public nature of the Leveson Inquiry into the phone-hacking scandal has been exemplary, writes Timothy Garton Ash. Landmark libel bill falls short of expectations The new defamation bill fails to address some of the most important issues, including restrictions on the ability of corporations to sue for libel, writes Jonathan Heawood, director of English PEN. Richard Sambrook: What does the BBC mean by impartiality? The former director of BBC Global News explains what Britain’s historic public service broadcaster means by ‘impartiality’ – and why it has not always achieved it. The tension between data protection and freedom of expression EU member states should reform the data protection framework to address the realities of life in the Web 2.0 age, writes David Erdos 惩罚极端主义网站的用户 Clementine de Montjoye 写到,法国总统尼古拉•萨科奇建议颁布一项法律对那些支持恐怖主义暴力的网站的读者给予惩罚。 在美国学校教授神创论 Casey Selwyn写到,田纳西州的一部新法律将允许教师同时教授神创论和进化论。 ACTA & the internet: freedom of expression & privacy Join Free Speech Debate and ARTICLE 19 in London on Thursday 3 May for a panel discussion on the impact of ACTA on global free expression 重庆的开放政府 Sam Geall撰文指出,尽管中国法律保障民众的知情权,但有关环境的信息依然受到了严格的控制。 Why hate speech should not be banned Restrictions on hate speech are not a means of tackling bigotry but of rebranding often obnoxious ideas or arguments are immoral, argues writer Kenan Malik. Journalists do not have a divine right to invade privacy Leading free speech expert Eric Barendt defends a British parliamentary report on privacy against criticisms by campaigning journalist John Kampfner. Shami Chakrabarti: Why robust civility works from an ethical but not from a legal perspective The director of civil liberties group Liberty calls for a review of all speech crime legislation in the UK. Hasan Cemal: Freedom of expression in Turkey From communism to Kurdish separatism, the Turkish state has used a series of pretexts to deny freedom of expression to its citizens, says journalist Hasan Cemal. 基督徒在工作时能否佩戴十字架 Dominic Burbridge写到,两名基督教妇女把在工作场所佩戴十字架的斗争打到了欧洲人权法院。 徐泽荣案件: 被重新列为国家机密的历史 Timothy Garton Ash写到,历史学家徐泽荣在2002年因泄露国家机密被判处13年徒刑。泄露的文件在他被判刑之后才被列为“国家机密”。 匈牙利的媒体新规 牛津大学高级研究员Peter Bajomi-Lazar写到,2010年,匈牙利总理通过了一系列法律,给予政府极大的权力以控制私人媒体。 德国立法有可能阻碍信息自由传播 Maximilian Ruhenstroth-Bauer写道,德国版权附加收费草案将强制如”谷歌新闻”这样的新闻聚合商,当它们提供德国报纸上的新闻条目的链接时,需要向该出版商支付费用。 对宗教的侮辱 三位人权法专家审视了侮辱宗教的问题——他们认为这种指控的缺陷在于保护了信仰而不是往往较易受伤害的信仰者。 Patriot Act and FISA without end? How the Obama administration continues use of Bush-era powers to suppress legitimate debate about the needs of US national security. By Jeff Howard. The harms of hate speech legislation Hate speech legislation chills freedom of expression more than it protects vulnerable minorities. Free speech lawyer Ivan Hare takes issue with Jeremy Waldron. 反对同性恋的布道者 2001年10月,福音派基督教传教者哈里·哈蒙德举着写有“停止不道德行为,停止同性恋行为,停止女同性恋主义” 的标语牌进行示威。他拒绝停止示威并被警察逮捕。Timothy Garton Ash讨论了这个富有启发性的案例。 Ezra Levant: “I don’t believe hate speech is a crime” “If you don’t ever feel hate, you have a broken personality,” says Canadian lawyer and publisher Ezra Levant. 恶意言论的危害性 牛津大学社会与政治学教授杰里米·沃尔德伦(Jeremy Waldron)坚决主张对恶意言论实行立法。 作为自由表达的绝食抗议 去年,74岁的印度活动家安纳·哈扎尔以绝食抗议来向政府施压通过反腐败立法。绝食作为自由表达的一种是否应该得到保护?Manav Bhushan和Katie Engelhart对此看法不一。 自由言论和仇恨言论间的伊斯兰教 伊朗阿訇Mohsen Kadivar认为应当废除对叛教者处以死刑,但亵渎宗教仍是一种犯罪,应立法禁止。 夏伟:何种管制对自由社会有利? 美国亚洲协会的夏伟指出,中国尝试利用和管制互联网是该国历史上“最重大的实验之一”。 对纳吉布•萨维里斯的审判 Jacob Amis写到,纳吉布•萨维里斯(Naguib Sawiris)由于将米老鼠米奇和米妮的卡通形象贴到微博客上,而且分别嘲弄地画上了毛茸茸的胡须和面纱,被指控为蔑视宗教。 Turkey’s new reform bill The Turkish government has proposed a bill that will suspend all media offences committed before December 2011. But will the draft law actually improve press freedom, asks Funda Ustek. 一位民族英雄的私生活 Irem Kok和Funda Ustek写到,一部把土耳其共和国的缔造者凯末尔•阿塔土克(Kemal Atatürk)描述成“醉酒伤风败俗之人”的纪录片似乎成了对“土耳其民族性”的抨击。 Tim Wu: Would the right to be forgotten hinder entrepreneurialism? Tim Wu, the author of ‘The Master Switch’, says that while the right to be forgotten is a good idea in theory but wouldn’t work in practice. 阎学通论普世价值体系 清华大学现代国际关系研究院院长阎学通认为一种价值至少需要世界一半以上人口认可才可以称得上是普世的。 吴修铭谈Twitter、Facebook和“网络中立” 《总开关:信息帝国的兴衰变迁》的作者吴修铭谈为什么Facebook不应该进入中国市场,以及Twitter最新的审查制度可能对微博客带来的损害。 盗版党主席内尔斯谈反仿冒貿易協定(ACTA) 德国盗版党(German Pirate Party)谈反仿冒貿易協定(ACTA)、被遗忘的自由和德国的盗版状况。 以斯拉·里宏:公共权力是对网络自由的真正威胁 这个加拿大律师和出版人告诉Katie Engelhart,私人权力对言论自由不是一个“大的威胁”。 金钱也应该有话语权吗? 美国最高法院对公民联合会(Citizens United)的判决引发了一个重要问题:公司也应该享有和个人一样言论自由权吗?Brian Pellot介绍了这个案例。 《阻止网络盗版法》 美国众议院正在审议《阻止网络盗版法》。Brian Pellot介绍了该法案一旦通过可能造成的种种后果。 辛格与英国整脊疗法协会的诉讼 科学作家西蒙·辛格于2008年在《卫报》撰文指出,整脊疗法号称的疗效缺乏证据,英国整脊疗法协会因此对他提出诽谤诉讼。Maryam Omidi探讨了这个案例。 基尔特·威尔德斯受审 2011年,荷兰右翼政客威尔德斯被控集体诽谤、煽动仇恨和歧视穆斯林。指控最后都不成立。Rutger Kaput回顾了这个案例。 这些原则应肯定公众有权获取公共机构掌握的信息 开放社会正义研究所(Open Society Justice Institute)高级法律事务专员Sandra Coliver认为获取信息的权利对言论自由是至关重要的。 Article 19: freedom of expression anchored in international law Jeff Howard explains what it means for a state to be a party to the ICCPR and how individuals can issue complaints about violations of free speech to the United Nations Human Rights Committee. 对泰国国王的批评 美国博主乔·戈登在泰国被判监禁2年半,罪名是在自己的博客中链结了未经泰国国王普密蓬阿杜德授权的传记。Maryam Omidi介绍了这个案例的详情。 言论自由与隐私权 伦敦大学学院教授Eric Barendt讨论了言论自由和隐私权之间的微妙平衡。 印度的卡通色情明星 印度当局封杀了一个名为Savita Bhabhi的色情漫画网站,其漫画女主角是一位性欲旺盛、喜欢乱交的家庭妇女。这个决定引来诸多媒体批评。Maryam Omidi分析了封杀这则漫画的利与弊。 Nobel Laureate Shirin Ebadi: Should insults to religious beliefs be criminalised? The Iranian lawyer and Nobel peace prize winner talks to Free Speech Debate about freedom of expression in Iran and whether insults to religious and non-religious beliefs should be criminalised.
Law and historical memory: theorising the discipline Free expression should not be considered as ‘just another’ human right. Any truly participatory political system cannot exist without it nor any legal system linked to such politics, argues Eric Heinze.
The UK can show the way on platform regulation. But not by treating Facebook and Google as publishers Mark Bunting argues that the tech giants should accept ‘procedural accountability’.
Attacked, threatened and criminalised: LGBTI freedom of speech in Nigeria Jude Dibia explores the criminalisation and violence faced by the LGBTI community after the Same-Sex Marriage Prohibition Act.
For all that is changing, free speech is still ‘under siege’ in Nigeria Bill Snaddon discusses political reform in Nigeria and the prosecution of the killers of Nigerian writers and journalists.
The Jawaharlal Nehru University affair Udit Bhatia discusses the Indian government’s use of colonial-era laws against sedition and its failure to protect protestors taken into police custody.
Citizens United: how the US Supreme Court struck down limits on corporate electioneering on the grounds of free speech Max Harris analyses the case and the applicability of US First Amendment rights to corporations.
Rafael Marques and defamation law in Angola Andreia Reis examines the prosecution of Rafael Marques and how free speech has been constrained in Angola.
Free speech and the duty of loyalty Sissel Trygstad examines employees’ rights in Norwegian workplaces.
Who decides what is ‘extreme pornography’ that could send you to jail? Clarissa Smith examines the flawed narratives underlying pornography laws in the UK.
Why we should defend the right to be offensive Free speech can make for uncomfortable listening, argues Roger Scruton, but it needs to be defended even when it gives offence.
‘Lee Kuan Yew is Finally Dead!’ blogger prosecuted Julian Simmons examines a Singaporean’s expletive-laden video on the recently deceased leader and his conviction for wounding religious feelings.
In India, the censor’s razor is here to stay Udit Bhatia explores the changing nature of state censorship of film in India and prospects for the future.
Why ‘no-platforming’ those who peddle hate speech does not pose a free speech issue Purushottam Vikas engages with criticisms directed at a controversial petition regarding an Oxford India Society speaking event.
Is the Inter-American Court of Human Rights setting regional standards? Laura Bernal-Bermudez examines a judgement that actually led to a change in the Chilean constitution
The battle for balance on Ireland’s airwaves Declan Johnston explores whether regulatory requirements for Ireland’s broadcasters worked well in its referendum on same-sex marriage.
The cultural harm of rape pornography Erika Rackley and Clare McGlynn consider the evidence for this ‘cultural harm’ and argue that education is the best way to counter it.
Can a book be too dangerous for the public? Sebastian Huempfer examines the tortured controversy around republication of a copyright-free Mein Kampf in Germany.
Law restricting online speech struck down in India Max Harris examines a historic judgment by India’s Supreme Court and its lessons for other countries.
Italy and the law on denialism Luigi Cajani explains how Italy’s draft law on the denial of international crimes minimises the impact on intellectual freedom.
Should ‘revenge porn’ be illegal? Max Harris explains how Britain legislated against it and compares this with the position in other common law countries
John Naughton: Are private superpowers a threat to free speech? John Naughton discusses the state of the internet, net neutrality and private companies.
How and why Hong Kong’s press downplayed the ‘umbrella movement’ of 2014 Rebecca Wong describes the combined pressures of Chinese political power and the interests of media proprietors.
What is right speech and why is it important? Leslie Green argues that Buddhist ideas about avoiding divisive, abusive and false speech can help us live together well in free societies
How the British press distorted reporting of… the British press Martin Moore, of the Media Standards Trust, summarises an analysis of British press coverage of proposed new press regulation.
Google grapples with the ‘right to be forgotten’ Katie Engelhart attends the public hearing of Google’s Advisory Council, set up in response to a European Court of Justice judgement.
Religion: Sample our intellectual buffet. Or make your own meal. Timothy Garton Ash introduces a sample tour of the content on our site.
US Supreme Court strikes down law creating ‘buffer zone’ around abortion clinics In the case of McCullen v Coakley, the US Supreme Court issued a landmark ruling about restrictions on speech around abortion clinics. Max Harris explains.
Should Europe introduce a right to blasphemy? Alain Bouldoires talks to Timothy Garton Ash about the survival of blasphemy laws in Europe, and calls for a ‘right to blaspheme’.
Vote for Hong Kong – on the streets and online In 2014, the citizens of Hong Kong staged an unofficial civil referendum in protest against the Beijing authorities’ attempts to undermine its independence. As Rebecca Wong reports, the majority of the votes were cast via a voting app on mobile phones.
A landmark Canadian hate speech case: Her Majesty the Queen v Keegstra In 1990, the Supreme Court of Canada issued a famous ruling in a case involving a high school teacher and alleged anti-Semitism. Max Harris explains.
Should ISPs be told to block “adult” content? Internet Service Providers do not merely route data packets from end-to-end, but are heavily involved in monitoring their customers’ online activities. Ian Brown discusses the implications of Britain’s suggested “voluntary” opting out of “adult content”, with little parliamentary and court involvement.
EU versus intellectual freedom? In a bid to synchronise hate crimes, the EU is seeking unity amongst members states against the denial of historical injustices. Is this the EU versus member states’ appreciation of intellectual freedom? Luigi Cajani explains.
How an attempt at ‘libel tourism’ rebounded on a Tanzanian tycoon A British citizen blogged about a Tanzanian media magnate involved in throwing her and her husband off their Tanzanian farm. He sued for libel in a British court. Dominic Burbidge explains.
Eatock v Bolt: a controversial Australian hate speech case Max Harris explains why journalist Andrew Bolt was found in breach of Australia’s Racial Discrimination Act for articles about “fair-skinned Aboriginal people”.
The long struggle to bury speech crimes in the English-speaking world Anthony Lester and Zoe McCallum look at how the ghost of the English Court of the Star Chamber has been used to suppress free speech.
Nineteen arguments for hate speech bans – and against them Free speech scholar Eric Heinze identifies the main arguments for laws restricting hate speech and says none are valid for mature Western democracies.
Is it a crime to offend bread? For one taxi company in the Russian town of Kostroma, the answer turned out to be yes. Sergey Fadeev explains.
Assessing the state of free speech in Norway University of Oslo professor Tore Slaatta describes a pioneering project to evaluate freedom of expression in a whole country.
Britain’s proposed online porn filters How do we strike the right balance between freedom of expression and child protection? Sarah Glatte explores a proposal by the British government.
Internet access in the age of the surveillance state Oxford University’s Ian Brown asks what Europe can do to protect our digital rights and privacy.
Is Facebook just the new chamber of commerce and Twitter the new telegraph? Political theorist Rob Reich discusses what adaptations we need as freedom of speech and association move increasingly from the offline to the online world. Can the old principles still apply in new circumstances?
Who is tracking the trackers? Use “Collusion” to find out. The debate raised by revelations of NSA surveillance has drawn our attention to how we are being tracked online. Sebastian Huempfer describes a new tool to show us how those electronic cookies crumble.
Why ramp up internet surveillance in Nigeria? The Nigerian government is rumoured to have sealed a $40m dollar contract for internet surveillance technology. There is no clear justification for this “secret” deal, and no assurance that the technology would be used fairly, given Nigeria’s lack of established rights for citizen privacy. By Nwachukwu Egbunike and Dominic Burbidge.
Why did the famous Indian painter M.F Husain feel he had to leave India? Shruti Kapila, Patrick French and Faisal Devji discuss freedom of expression and the arts in India.
The UN’s search for international consensus on free speech Josh Black hears the UN High Commissioner for Human Rights, Navi Pillay, discuss the quest for shared laws and standards.
Can a law-abiding liberal democracy be Big Brother? Jeff Howard explores the legal basis on which the US is collecting vast amounts of data on foreign and US citizens, despite the Fourth Amendment.
A whistleblower’s argument Edward Snowden was not the first NSA official to sound the alarm. Thomas Drake, winner of the Sam Adams Award for Integrity in Intelligence, makes his case to Free Speech Debate.
Martha Nussbaum: How can we best approach the challenge of religious difference? Legal philosopher Martha Nussbaum gave the 2013 Dahrendorf Lecture, exploring how to live with religious diversity.
When to be silent is to speak Stephen Meili examines the contrasting UK and US treatment of people who refuse to declare a political allegiance.
Does India need its Leveson? India has its own fierce debate about media regulation. Arghya Sengupta discusses how the shadow of the 1970s “Emergency” hangs over proposed steps from failed self-regulation to statutory regulation.
The bizarre story of how lippy librarians faced down a silly publisher A university librarian faced a lawsuit over a critical blog post about the publishing house Edwin Mellen Press but online solidarity won out. By Dominic Burbidge.
Is privacy getting lost in Google’s “cracks and crevices”? A globally-effective privacy regime is a realistic goal, argues Ian Brown. But it needs giants like Google to get behind it.
A right to privacy? Not at the expense of free speech! Our user imos.org.uk argues with one of our draft principles challenging the idea that privacy is a condition for free speech.
Jesus Christ Superstar? Not in Rostov, Russia The Russian parliament’s vote in support of a declaration against acts offending religious sentiments is symptomatic of worrying trends, write Olga Shvarova and Dominic Burbidge.
Free Speech Bites Nigel Warburton spoke with Timothy Garton Ash for Index on Censorship’s Free Speech Bites about the Free Speech Debate Project and global free speech standards.
The ‘Brandenburg test’ for incitement to violence In 1969, the U.S. Supreme Court made history by ruling that, to merit conviction, the violence advocated must be intended, likely and imminent. By Jeff Howard.
仇恨言论何时成为危险言论?以肯尼亚和卢旺达为例 Katherine Bruce-Lockhart认为即将对肯尼亚播音员Joshua Arap Sang进行的审判将为探讨语言和暴力之间的关系提出一些关键的问题。
The Copyright Alert System: coming to a home near you? The question of how best to respond to the unauthorised dissemination of copyright-protected expression over the internet has long troubled copyright owners. But the proposed solution of a Copyright Alert could potentially erode free speech, writes Graham Reynolds.
Freedom for history? The case against memory laws Josie Appleton talks to Pierre Nora and Olivier Salvatori of the Liberté pour l’Histoire initiative in France.
Who should guard the Guardian? Alan Rusbridger, editor-in-chief of the Guardian, argues that Britain needs both a free press and reform of its failed regulatory system. Since this will require both time and openness, a new independent press regulator should therefore be given a year’s trial run.
Free speech and the gun in Libya Libyan media are crippled by their Gaddafi legacy. Without new regulations and, above all, bravery to stand up to violent intimidation, freedom of speech remains a distant dream, writes Jerry Timmins.
Has the Strasbourg court allowed too much for local taboos? At the European Court of Human Rights, the case of I.A. against Turkey in 2005 acted as a controversial precedent for limiting Article 10’s definition of freedom of expression in the name of religion, explains Michele Finck.
Can the treatment of animals be compared to Nazi concentration camps? Not in Germany, said the German courts. And the European Court of Human Rights agreed.
Pressing for freedom: the protest over China’s “Southern Weekly” The Chinese Communist Party aims to control privately owned media without appearing to do so. A strike at a local newspaper imperils that balance, writes Liu Jin.
The practice of freedom Burma’s pro-democracy leader Aung San Suu Kyi stresses the importance of free speech but emphasises the Buddhist idea of “right speech”.
The Nira Radia tapes controversy and the right to privacy Should government-initiated phone hacking be made public if the recordings are in the public interest? Shubhangi Bhadada exposes the thin line in India between the right to privacy and freedom of expression.
Why Rwanda and Libya need free speech – and media regulation Jerry Timmins describes a new report on media in two post-conflict societies, and argues that countries like Britain should do more to support them.
Why did Facebook delete a call for an anti-fascist rally in Hungary? Facebook’s automatic detection of the word ‘Jude’ led to the blocking of A Hungarian anti-fascist group’s post. Tamas Szigeti explores the worrying implications of automatic filtering for freedom of speech.
A sticky WCIT and the battle for control of the internet At the World Conference on International Telecommunications (WCIT), authoritarian governments staked worrying claims. But the US-dominated model of non-governmental internet governance brings its own problems, writes Alison Powell. Beware of the Clinton Paradox.
You can’t be serious! The birthplace of western homo-erotica cuts a gay kiss from TV, writes Judith Bruhn.
Should Russian speakers be obliged to learn Estonian? FSD’s Olga Shvarova criticises the language-based discrimination ethnic Russians face in Estonia.
The Kremlin’s grip tightens on Russia’s answer to Facebook Russian social network VK launched six years ago and has since attracted 122 million users. But as Olga Shvarova explains, political and copyright crackdowns are limiting the free flow of information and ideas its users once enjoyed.
Zambia’s secret freedom of information bill If a decade of stalled attempts to enact Zambia’s Freedom of Information bill seems comical, there is underlying tragedy in how politicians have fallen short of their free speech rhetoric, writes Dominic Burbidge.
Censoring a billion voices to save a nation Manav Bhushan, an Indian member of the Free Speech Debate team, makes the case for blocking hate-filled websites in his country.
Why the EU’s “harmonisation machine” should stay away from history Claus Leggewie and Horst Meier explain why memory laws are the wrong way for Europeans to remember and debate their difficult pasts.
France’s Armenian genocide law In January 2012, the French Senate approved a law criminalising the denial of any genocide recognised by the state, writes Clementine de Montjoye.
How should publishers respond to protests for and against the publication of the same essay? In 2011, three Indian scholars called on OUP India to re-publish an essay which had been denounced by Hindu extremists. Less than two weeks later, the publisher reversed its earlier decision not to re-publish.
Judge grills mogul: the uses of transparency The public nature of the Leveson Inquiry into the phone-hacking scandal has been exemplary, writes Timothy Garton Ash.
Landmark libel bill falls short of expectations The new defamation bill fails to address some of the most important issues, including restrictions on the ability of corporations to sue for libel, writes Jonathan Heawood, director of English PEN.
Richard Sambrook: What does the BBC mean by impartiality? The former director of BBC Global News explains what Britain’s historic public service broadcaster means by ‘impartiality’ – and why it has not always achieved it.
The tension between data protection and freedom of expression EU member states should reform the data protection framework to address the realities of life in the Web 2.0 age, writes David Erdos
ACTA & the internet: freedom of expression & privacy Join Free Speech Debate and ARTICLE 19 in London on Thursday 3 May for a panel discussion on the impact of ACTA on global free expression
Why hate speech should not be banned Restrictions on hate speech are not a means of tackling bigotry but of rebranding often obnoxious ideas or arguments are immoral, argues writer Kenan Malik.
Journalists do not have a divine right to invade privacy Leading free speech expert Eric Barendt defends a British parliamentary report on privacy against criticisms by campaigning journalist John Kampfner.
Shami Chakrabarti: Why robust civility works from an ethical but not from a legal perspective The director of civil liberties group Liberty calls for a review of all speech crime legislation in the UK.
Hasan Cemal: Freedom of expression in Turkey From communism to Kurdish separatism, the Turkish state has used a series of pretexts to deny freedom of expression to its citizens, says journalist Hasan Cemal.
德国立法有可能阻碍信息自由传播 Maximilian Ruhenstroth-Bauer写道,德国版权附加收费草案将强制如”谷歌新闻”这样的新闻聚合商,当它们提供德国报纸上的新闻条目的链接时,需要向该出版商支付费用。
Patriot Act and FISA without end? How the Obama administration continues use of Bush-era powers to suppress legitimate debate about the needs of US national security. By Jeff Howard.
The harms of hate speech legislation Hate speech legislation chills freedom of expression more than it protects vulnerable minorities. Free speech lawyer Ivan Hare takes issue with Jeremy Waldron.
反对同性恋的布道者 2001年10月,福音派基督教传教者哈里·哈蒙德举着写有“停止不道德行为,停止同性恋行为,停止女同性恋主义” 的标语牌进行示威。他拒绝停止示威并被警察逮捕。Timothy Garton Ash讨论了这个富有启发性的案例。
Ezra Levant: “I don’t believe hate speech is a crime” “If you don’t ever feel hate, you have a broken personality,” says Canadian lawyer and publisher Ezra Levant.
作为自由表达的绝食抗议 去年,74岁的印度活动家安纳·哈扎尔以绝食抗议来向政府施压通过反腐败立法。绝食作为自由表达的一种是否应该得到保护?Manav Bhushan和Katie Engelhart对此看法不一。
对纳吉布•萨维里斯的审判 Jacob Amis写到,纳吉布•萨维里斯(Naguib Sawiris)由于将米老鼠米奇和米妮的卡通形象贴到微博客上,而且分别嘲弄地画上了毛茸茸的胡须和面纱,被指控为蔑视宗教。
Turkey’s new reform bill The Turkish government has proposed a bill that will suspend all media offences committed before December 2011. But will the draft law actually improve press freedom, asks Funda Ustek.
一位民族英雄的私生活 Irem Kok和Funda Ustek写到,一部把土耳其共和国的缔造者凯末尔•阿塔土克(Kemal Atatürk)描述成“醉酒伤风败俗之人”的纪录片似乎成了对“土耳其民族性”的抨击。
Tim Wu: Would the right to be forgotten hinder entrepreneurialism? Tim Wu, the author of ‘The Master Switch’, says that while the right to be forgotten is a good idea in theory but wouldn’t work in practice.
这些原则应肯定公众有权获取公共机构掌握的信息 开放社会正义研究所(Open Society Justice Institute)高级法律事务专员Sandra Coliver认为获取信息的权利对言论自由是至关重要的。
Article 19: freedom of expression anchored in international law Jeff Howard explains what it means for a state to be a party to the ICCPR and how individuals can issue complaints about violations of free speech to the United Nations Human Rights Committee.
印度的卡通色情明星 印度当局封杀了一个名为Savita Bhabhi的色情漫画网站,其漫画女主角是一位性欲旺盛、喜欢乱交的家庭妇女。这个决定引来诸多媒体批评。Maryam Omidi分析了封杀这则漫画的利与弊。
Nobel Laureate Shirin Ebadi: Should insults to religious beliefs be criminalised? The Iranian lawyer and Nobel peace prize winner talks to Free Speech Debate about freedom of expression in Iran and whether insults to religious and non-religious beliefs should be criminalised.