Policy and Legislationuuid:9cbc8791-39a6-4159-991c-742b2b0741bc;id=62017-07-20T16:10:55Z9204Freedom of Expression and the Internet2014-12-31T16:26:00-05:002014-12-31T16:26:00-05:00Wolfgang Benedek and Matthias C.Kettemann<p>This book sets out to answer key questions regarding the extent and limits of freedom of expression online. It seeks to shed light on the often obscure landscape of what we are allowed to say online and how our ideas, and the process of imparting and receiving information, are protected. It shows the large ambit of rights protected by freedom of expression – including freedom of the media and the right to access information via the Internet. It also highlights the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations, with a chapter on relevant national practices that illustrates how different states deal with the challenge that the Internet has brought to ensuring freedom of expression for all. As the importance of the Internet in our daily lives grows, readers will find this book to be a valuable resource for understanding the rights and obligations of each actor on the Internet, including states, Internet companies and civil society.</p>
<p>Nine chapters cover: 'The challenges of ensuring freedom of expression on the Internet'; 'The content of freedom of expression online'; 'Restrictions on freedom of expression online'; 'Standard-setting by the Council of Europe and non-state actors'; 'Specific issues'; 'Relevant practice on the national level'; 'European monitoring mechanisms'; 'Promotion of freedom of expression online'; 'Conclusions'.</p>
<p><em><a href="https://book.coe.int/eur/en/human-rights-and-democracy/5810-freedom-of-expression-and-the-internet.html" target="_blank">Council of Europe</a></em> (2014). Also available in French.</p>
<p> </p>8733The Right to Blog2013-12-31T21:37:00-05:002013-12-31T21:37:00-05:00Article 19<p>In this policy paper, ARTICLE 19 proposes a set of recommendations to state actors and policy makers about what they should do to promote and protect the rights of bloggers domestically and internationally. It also gives practical advice to bloggers about their rights and explains how - and in what situations - they can invoke some of the privileges and defences that traditional journalists have found vital to the integrity of their work. <a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/the-right-to-blog.pdf">PDF.</a></p>9217Six Models for the Internet + Politics2013-12-31T11:44:00-05:002013-12-31T11:44:00-05:00Archon Fung, Hollie Russon Gilman, Jennifer Shkabatur<p>Many agree that digital technologies are transforming politics. They disagree, however, about the significance and character of that transformation. Many of the pioneers of understanding the distinctive dynamics of new digital media platforms—social media and collaborative production—are quite optimistic about the potential for the Internet to dramatically increase the quality of democratic governance. On the other hand, some political scientists who have examined actual patterns of political activity and expression on digital platforms come away skeptical that digital platforms will bring equality or inclusion to democratic politics.</p>
<p>This article brings together these two opposed perspectives by developing six models of how digital technologies might affect democratic politics: the empowered public sphere, displacement of traditional organizations by new digitally self-organized groups, digitally direct democracy, truth-based advocacy, constituent mobilization, and crowd-sourced social monitoring. Reasoning from the character of political incentives and institutional constraints, it argues that the first three revolutionary and transformative models are less likely to occur than the second three models that describe incremental contributions of technology to politics.</p>
<p><em>International Studies Review</em> (2013) 15, 30–47. <a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/Six-Models2013.pdf">PDF</a>.</p>8734El derecho a bloguear2013-12-20T21:41:00-05:002013-12-20T21:41:00-05:00Article 19<p>En este plan de acción (2013), ARTICLE 19 propone a actores estatales y autoridades políticas esta serie de recomendaciones sobre lo que deberían hacer a fines de promover y proteger los derechos de los blogueros a nivel local e internacional. También le ofrece a los blogueros asesoramiento práctico sobre sus derechos y explica el modo como pueden invocar (y en qué situaciones) algunas de las prerrogativas y defensas y excepciones que, para el periodista típico, son vitales para la integridad de su trabajo.</p>
<p><a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/el-derecho-a-bloguear.pdf" target="_blank">Descargar aqui.</a></p>9224Freedom of Connection, Freedom of Expression2011-12-28T16:37:00-05:002011-12-28T16:37:00-05:00William H. Dutton, Anna Dopatka, Michael Hills, Ginette Law, Victoria Nash<p><em>Freedom of Connection, Freedom of Expression: The Changing Legal and Regulatory Ecology Shaping the Internet</em> is a report prepared for UNESCO’s Division for Freedom of Expression, Democracy and Peace. This comprehensive research publication examines the changing legal and regulatory ecology that has shaped the Internet over the years. The principal aim was to provide a reference tool that can inform and stimulate the current debate on the global trends that have shaped freedom of expression on the Internet. The report explores the various legal and policy mechanisms that are crucial for the free flow of information, providing guidance for policy-makers and other relevant users on the creation of environments conducive to the freedom of expression.</p>
<p>Paris: <em>UNESCO</em> (2011). <a href="http://unesdoc.unesco.org/images/0019/001915/191594e.pdf" target="_blank">PDF</a></p>9143Media Divides: Communication Rights and the Right to Communicate in Canada2010-03-26T10:31:00-04:002010-03-26T10:31:00-04:00Marc Raboy, Jeremy Shtern<p>The challenge of this study (2010) is to hold Canada accountable to its own high standard by examining the links between rhetoric and action and to determine how the actions of our government reflect on the claims that it makes about its role in realizing communication rights. In assessing the realization of communication rights in Canada, however, we have tried to be sensitive not only to gross abuses of government power but also to the more subtle nuances around how public policies, the manner in which they are implemented, and the actions of various stakeholders affect the realization of communication rights. We also aim to situate the Canadian debate in a broader, global context.</p>
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<em>UBC Press </em><span style="line-height: 20px;">(2010). Marc Raboy and Jeremy Shtern with William J. McIver, Laura J. Murray, Seán Ó Siochrú, and Leslie Regan Shade. <a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/MediaDivides2010.pdf">PDF</a>.</span>9189The Right to Information: A Global Perspective2009-12-31T11:22:00-05:002009-12-31T11:22:00-05:00K. M. Shrivastava<p><em>The Right to Information: A Global Perspective</em> provides an overview of the right to information, focusing on the trends, opportunities and threats which activists, bureaucrats, politicians and ordinary people will find useful. At the author notes, 'The right to information (or freedom of information) has now emerged as a key component in credible democratic governance and is vital for promoting open governance and accountability of decision makers as well as for strengthening transparency, participation and the rule of law.'</p>
<p>Seven chapters explore 'The Beginnings'; 'United Nations, Commonwealth & EU'; 'United States'; 'United Kingdom'; 'India'; 'Trends and Future'; 'RTI Miscellany'.</p>
<p>Frankfort, IL: <em>Lancer Inter Consult</em> and New Delhi: <em>Lancer Publishers</em> (2009).</p>8685Citizen Empowerment for Good Governance2008-12-31T17:06:00-05:002008-12-31T17:06:00-05:00AMARC Latin America<p>Citizens empowerment and good governance through community radio in Western Africa: Legislative and Policy Frameworks. A compilation of documents for action research to remove barriers and increase the social impact of community radio (2008). <a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/amarc-citizen-empowerment-2008.pdf">PDF</a></p>8684L'empouvoirement citoyen pour la bonne governance2008-12-31T16:51:00-05:002008-12-31T16:51:00-05:00AMARC Latin America<p>L’empouvoirement citoyen pour la bonne gouvernance à travers la radio communautaire en Afrique de l’Ouest. Cadres législatifs et réglementaires. Reccueil de textes pour une recherche-action pour enlever les contraintes et augmenter l’impact social des radios communutaires (2008). <a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/amarc-empouvoirement-citoyen-2008.pdf">PDF</a></p>8427Changing discourses in U.S. international information-communication policy: From free flow to competitive advantage?2008-05-01T08:33:00-04:002008-05-01T08:33:00-04:00Ann Hollifield<p> Since the end of World War I, advocacy of the free flow of information across international borders has been the central element of United States' international information- communication policy, with the U.S. arguing for free flow on the grounds that access to information is a necessary condition for human self-determination. Analysis of the U.S.'s major policy statements on international information-communication issues between 1980 and 1994 shows that, during that period, the U.S.'s discourse shifted from its historical focus on the political and social benefits of international information-communication flows to a heavy emphasis on the economic benefits of such access. This article examines the global politico-economic changes that laid the groundwork for the new discourse during the 1970s, and the resulting emergence in the early 1980s of the epistemic community of U.S. information-communication policy makers who brought the new discourse to the fore. The article also examines the implications of the U.S.'s new economic focus on information-communication issues in light of on-going discussions about construction of a Global Information Infrastructure.</p>
<p><abbr title="International Communication Gazette"><em>International Communication Gazette, </em></abbr><span itemprop="datePublished">October 1995 </span><span></span><span>vol. 54 </span><span>no. 2 </span><span>121-143.</span><br />
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</p>8436Framing the digital divide: a comparison of US and EU policy approaches2008-05-01T08:33:00-04:002008-05-01T08:33:00-04:00Concetta M. Stewart<p> This article explores key US and European Union policy documents to identify the similarities and differences in the way that the digital divide has been defined in both contexts in recent years. To that purpose, a computer-assisted text analysis was conducted, which identified not only the most frequent relevant terms in each document, but also patterns of semantic association among them. While significant differences related to the political specificities of each context were found, both sets of documents revealed a tendency over time to frame access in economic and market-based terms. The article argues that these results provide useful insights into the study of the globalization and homogenization of telecommunications policymaking.</p>
<p><abbr title="New Media & Society"><em>New Media & Society</em>,</abbr><span itemprop="datePublished"> October 2006 </span><span></span><span>vol. 8 </span><span>no. 5 </span><span>731-751.</span><br />
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</p>8432The Communications Act 2003: A New Regulatory Framework in the UK2008-05-01T07:33:00-04:002008-05-01T07:33:00-04:00Gillian Doyle, Douglas W. Vick<p> After coming to power in 1997, the UK’s New Labour Government considered various policy responses to 'convergence' - a perceived communications revolution blurring the boundaries between previously distinct media sectors. The approach decided upon is embodied in the Communications Act 2003 which has ushered in a sweeping programme of regulatory change in the communications industries and is the most comprehensive legislation of its kind in British history. This article assesses the major provisions of the Act, touching on how it has been implemented so far by Ofcom (Office of Communications), and it analyses the implications of this landmark legislation for the future of UK communications and, especially, broadcasting policy.</p>
<p><abbr title="Convergence: The International Journal of Research into New Media Technologies"><em>Convergence, </em></abbr><span itemprop="datePublished">August 2005 </span><span></span><span>vol. 11 </span><span>no. 3 </span><span>75-94.</span><br />
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</p>8438Top-Down or Bottom-Up?: Radio in the Service of Democracy: Experiences from South Africa and Namibia2008-05-01T07:33:00-04:002008-05-01T07:33:00-04:00Ullamaija Kivikuru<p> The focus in this article is on two different modes of ‘giving a voice to the voiceless’ in Southern African new democracies, namely South African community radio and its support apparatus, Democracy Radio, and the Namibian People’s Parliament. South African community radio operates within a sphere of its own; it is supposed to be closely linked to the grassroots, while the Namibian contact programmes fall under the auspices of the Namibian Broadcasting Company. There are differences in administrative form, but both models have come up against very similar problems in the design of the content. It is easy to talk about community and grassroots orientation, but to implement such policies is difficult, especially when the basic task is to promote democracy and citizenship. </p>8449Communications Policy and Information Technology: Promises, Problems, Prospects2008-05-01T07:33:00-04:002008-05-01T07:33:00-04:00Lorrie Cranor, Shane Greenstein<p>New technologies, although developed with optimism, often fall short of their predicted potential and create new problems. Communications technologies are no different. Their utopian proponents claim that universal access to advanced communications technologies can help to feed the hungry, cure the sick, educate the illiterate, improve the global standard of living, and ultimately bring about world peace. The sobering reality is that while communications technologies have a role to play in making the world a better place, the impact of any specific technological advance is likely to be modest. The limitations of new technologies are often not inherent in the technologies themselves but the result of regulatory or economic constraints. While the capability may exist to deliver any information anywhere in the world, many people lack the money to pay for it, the equipment to access it, the skills to use it, or even the knowledge that it might be useful to them. This book examines the complex ways in which communication technologies and policies affect the people whose lives they are intended to improve. The areas of discussion include Internet regulation, electronic voting and petitioning, monopoly and competition in communications markets, the future of wireless communications, and the concept of universal service.</p>
<p>Cambridge, MA: <em>MIT Press</em> (2002).</p>8444A right to communicate: A Canadian approach2008-05-01T06:33:00-04:002008-05-01T06:33:00-04:00H. Hindley<p> In the interest of simplification, it may be helpful to concentrate first on the right of two or a few people to communicate and to examine whether any restrictions on such a right are justifiable. And, then, to ask to what extent does the use of telecommunications affect the exercise of such a right? </p>8452Global Media Governance: A Beginner's Guide2008-05-01T06:33:00-04:002008-05-01T06:33:00-04:00Seán Ó Siochrú<p>This volume (2002) compiled by Seán Ó Siochrú and Bruce Girard with Amy Mahan is a primer on media governance at a global level and the key influencing forces and organizations, such as ITU, WTO, UNESCO, WIPO and ICANN. It raises key questions and suggests where more complete answers can be found.</p>8429Media Policy Paradigm Shifts: Towards a New Communications Policy Paradigm2008-05-01T06:33:00-04:002008-05-01T06:33:00-04:00Jan van Cuilenburg, Denis McQuail <p> This article deals with communications and media policy paradigms. In the US and Western Europe three paradigmatic phases of communications and media policy may be distinguished: the paradigm of emerging communications industry policy (until the Second World War); the paradigm of public service media policy (1945-1980/90); and the current phase (from 1980/90 onwards) in which a new policy paradigm is searched for. In Phase I, communications and media policy primarily referred to the emerging technologies of telegraph, telephony and wireless. Communications policy in that era was mainly pursued for reasons of state interest and financial corporate benefits. After the Second World War, media policy was dominated by socio-political rather than economic or national strategic concerns. In this paradigmatic phase, lasting until 1980/90, the ideal of public service broadcasting was at its height, notably in Western Europe.</p>
<p>From 1980 onwards, however, technological, economic and social trends fundamentally changed the context of media policy. In many countries, governments opted for policies of breaking monopolies in media and communications and privatizing as much as possible. The old normative media policies have been challenged and policy-makers are searching for a new communications policy paradigm. In this new paradigm, there seems to be a shift in the balance of component political, social and economic values that shape the definition of the public interest that media and communications supposedly serve. The authors conclude by sketching the core principles of the new communications policy paradigm that currently seems to be emerging.</p>
<p><em>European Journal of Communication</em> (2003) Vol 18(2): 181–207. <a href="http://cdn.agilitycms.com/centre-for-communication-rights/Images/Articles/pdf/Cuilenburg-McQuail2003.pdf">PDF</a>.</p>8431Managing Distance: Rural Poverty and the Promise of Communication in Post-Apartheid South Africa2008-05-01T06:33:00-04:002008-05-01T06:33:00-04:00Andrew Skuse, Thomas Cousins<p> This article examines rural telecommunications access and use among poor village households in the Eastern Cape, South Africa. Discussion is based upon a content analysis of 165 telephone calls, as well as a broader information and communication technology (ICT) ownership, access and use survey undertaken in 50 poor households within a number of rural villages in the Mount Frere district. These data are complimented and supported by qualitative data emerging from a longer-term UK Department for International Development-funded study of ICT use and social communication practices among the urban and rural poor in South Africa. The purpose of the article is to: (i) question existing notions of telecommunications access; (ii) assess the extent to which rural inequalities are exacerbated or ameliorated by telecommunications access; and (iii) examine the extent to which telecommunications are enlisted as a strategic tool by poor households for maintaining kin-based redistributive networks and enhancing livelihood sustainability.</p>
<p><abbr title="Journal of Asian and African Studies"><em>Journal of Asian and African Studies</em>, </abbr><span>April 2007 </span><span></span><span>vol. 42 </span><span>no. 2 </span><span>185-207.</span><br />
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</p>8448Rethinking Rights and Regulations: Institutional Responses to New Communications Technologies2008-05-01T06:33:00-04:002008-05-01T06:33:00-04:00Lorrie Faith Cranor, Steven S. Wildman<p> The contributors to this edited volume examine issues raised by the intersection of new communications technologies and public policy in this post-boom, post-bust era. Originally presented at the 30th Research Conference on Communication, Information, and Internet Policy (TPRC 2002) their work combines hard data and deep analysis to explore the dynamic interplay between technological development and society.</p>
<p>The chapters in the first section consider the ways society conceptualizes new information technologies and their implications for law and policy, examining the common metaphor of "cyberspace as place," alternative definitions of the Internet, the concept of a namespace, and measures of diffusion. The chapters in the second section discuss how technological change may force the rethinking of legal rights; topics considered include spectrum rights, intellectual property, copyright and 'paracopyright', and the abridgement of constitutional rights by commercial rights in ISP rules. Chapters in the third and final section examine the constant adjustment and reinterpretation of regulations in response to technological change, considering, among other subjects, liability regimes for common carriers and the 1996 detariffing rule, privacy and enhanced 911, and the residual effect of state ownership on privatized telecommunication carriers. The policy implications of Rethinking Rights and Regulations are clear: major institutional changes may be the necessary response to major advances in telecommunications technology.</p>
<p>Cambridge: <em>MIT Press</em> (2003). </p>8424Understanding Speech Rights: Defensive and Empowering Approaches to the First Amendment2008-05-01T05:33:00-04:002008-05-01T05:33:00-04:00Laura Stein<p> This article draws on liberal democratic theory to provide a philosophical foundation for understanding the relationship between speech rights and democracy. Utilizing the work of key political theorists, such as Mill, Friedman, Hayek, Green, Dewey and Barber, I argue that two conflicting theories of speech rights coexist within liberal democratic thought. I demonstrate how legal interpretations of the First Amendment manifest and reinforce these theories, which I label ‘defensive’ and ‘empowering’. Analysis of two Supreme Court cases widely recognized as pivotal in determining print and broadcast speech regimes, Red Lion Broadcasting v. Federal Communications Commission (1969) and Miami Herald Publishing Co. v. Tornillo (1974), highlights the role these theories play in legal thought. I conclude by arguing that empowering speech rights offer the best foundation for democratic communication, and by proposing a set of legal principles capable of revitalizing the meaning and function of speech rights in the USA. </p>