Archive | Freedom of Speech

Who should Police the Internet?

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Privatised law enforcement undermines democracy and creates serious risks for fundamental rights, particularly for freedom of expression. Despite this, in current copyright debates, the focus is far too often on how private companies should police the internet, not on the need of a copyright reform.

Internet companies will always take the easiest option. If they fear laws, punishment or bad publicity, it’s always easier and safer for them to delete legal content along with possibly unauthorised or illegal content, just in case.

EDRi: Copyfail #3 – Google and Facebook becoming the Internet police force »

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Does Google rule the world? Really?

“The Search Engine Manipulation Effect (SEME) and Its Unparalleled Power To Influence How We Think”- Robert Epstein of American Institute for Behavioral Research and Technology.

This is really interesting, even if it in part might be dangerously close to conspiracy theories.

At least, I think that Search Engine Manipulation might be possible and very effective. But is it really done – intentionally or unintentionally? It is difficult to say, especially as all search results seems to be personalised.

Youtube »

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EDRi on hate speech, social media, EU and the rule of law

On 31 May, the European Commission, together with Facebook, YouTube (Google), Twitter and Microsoft, agreed a “code of conduct” on fighting hate speech.

In a society based on the rule of law, private companies should not take the lead in law enforcement, theirs should always have only a supporting role – otherwise this leads to arbitrary censorship of our communications. (…)

In practice, as illegal activity will be banned by terms of service, it will never be “necessary” to check a report against the law. (…)

In the code of conduct, there is not a single mention about the essential role of judges in our democratic societies. There is no mention about the enforcement of the law by public authorities. At each crucial point where law should be mentioned, it is not.

EDRi: Guide to the Code of Conduct on Hate Speech »

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The EU goes full Orwell

Earlier this week we learned that the EU has initiated a cooperation with Facebook, Twitter, Youtube and Microsoft to swiftly remove internet content that we are not supposed to see. Link»

And now the EU Commission would like to regulate what can be shown on tv, on-demand-services such as Netflix and possibly even Youtube.

The new suggested rule is that at least 20 percent of all on-demand content and 50 percent of all television content must be produced in Europe.

This is suggested in the revision of the EU Audiovisual Media Services Directive (AVMSD). Link»

In other words, in one weeks time, the EU has launched a new level of Internet censorship – and suggested new guidelines for what kind of audiovisual content the people ought to consume.

This is bad, in so many ways.

First of all, who are politicians and eurocrats to tell us what audiovisual content we are supposed to watch?

Second, it is totally absurd that the country of origin of a tv-production should decide if it is to be shown or not, rather than its subject, quality, and public demand.

Third, this is ill-conceived cultural protectionism.

Fourth, when the ruling political class tries to control what audiovisual content we can or cannot, should or should not see – society is swiftly moving in a totalitarian direction.

These suggested EU rules must be stopped.

/ HAX

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The Economist makes a stand for Free Speech

[The] idea has spread that people and groups have a right not to be offended. This may sound innocuous. Politeness is a virtue, after all. But if I have a right not to be offended, that means someone must police what you say about me, or about the things I hold dear, such as my ethnic group, religion, or even political beliefs. Since offence is subjective, the power to police it is both vast and arbitrary. (…)

Opinion polls reveal that in many countries support for free speech is lukewarm and conditional. If words are upsetting, people would rather the government or some other authority made the speaker shut up. A group of Islamic countries are lobbying to make insulting religion a crime under international law. They have every reason to expect that they will succeed. (…)

So it is worth spelling out why free expression is the bedrock of all liberties. Free speech is the best defence against bad government. Politicians who err (that is, all of them) should be subjected to unfettered criticism. Those who hear it may respond to it; those who silence it may never find out how their policies misfired. As Amartya Sen, a Nobel laureate, has pointed out, no democracy with a free press ever endured famine.

The Economist: Curbs on free speech are growing tighter. It is time to speak out. »

Also read The Economists report: The muzzle grows tighter »

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EU:s EPP group calls for Internet censorship

The centre-right group in the European Parliament, EPP, just released an article on its’ website: The Fight Against Online Radicalisation »

Let me copy paste a few passages…

This would mean limiting the internet reach that ISIS and other extremist groups have on our social media networks. To ban them completely would be impossible as it is difficult enough to figure out who is an extremist recruiter and who isn’t on Facebook and Twitter, but we can certainly limit and delete their Facebook pages and bar their accounts. (…)

It has been agreed that Europol is to obtain greater powers to deal with the tackling of the terrorist threat online. New specialist units, monitored by an European Data Protection Supervisor and a Joint Parliamentary Scrutiny Group, will be set up that will be able to contact social network providers (Facebook, Twitter etc.) directly to ask that pages and accounts run by ISIS are shut down as fast as possible.

Obviously, we need to make a stand against radical Islamism and others who advocate violence and who do not respect human rights and civil liberties. But is censorship really the right way to do it?

Either you have freedom of speech or you don’t. If you restrict free speech, e.g. by censoring Internet content, per definition you have lost it.

The only acceptable exception would be clearly expressed, substantial threats directed against other people’s life, security or property.

It is true that radical Islamism is a murderous ideology. But so is Communism and Fascism. Banning all bad and dangerous doctrines would have far-reaching implications. And who is to decide what to censor?

If we introduce far-reaching online censorship you can be absolutely sure that it will be extended beyond its’ original purpose.

Actually, we are already there. In many countries, xenophobic and anti-immigration Internet activities are prohibited, censored and can lead to prosecution. What is considered to be acceptable opinions or banned hate speech is a matter of definition. And once again, who is to decide?

The irony of it all is that the same set of rules are used to silence radical Islamism as anti-Muslim, anti-immigration rants.

Radical Islamism aiming at limiting other people’s freedom, human rights and/or civil rights must be opposed. Strongly. But it must be done in a frank debate and by good examples.

You simply cannot defend a free and open society by limiting people’s human and civil rights (such as freedom of speech).

/ HAX

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German court censors Böhmermanns Erdogan poem

A German court, Landgericht Hamburg, has decided that tv presenter Jan Böhmermann can not repeat parts of his infamous poem about Turkish President Erdogan.

The court finds passages in the text abusive and defamatory. Frankfurter Allgemeine reports that refusal to follow this ruling can lead to an administrative fine of up to 250,000 euros or administrative detention of up to six months.

Böhmermann now has the possibility to appeal against the verdict.

However, this is not the main trial. The Section 103 case will be tried by the Mainz Criminal Court at a later point.

Turkish President Erdogan has also applied for an injunction against Springer CEO Mathias Döpfner. This following Springers support for Böhmermann. The injunction is to be tried by the Cologne Landgericht. But this court has already indicated that it will not recognize the case. This can, in turn, be appealed against by Erdogan’s lawyers.

This is a can of worms.

The entire case is troublesome from a freedom of speech perspective. Especially as it also concerns freedom of the press and artistic expressions. And it gets outright awkward and absurd when German courts are deconstructing Böhmermann’s poem to decide what parts should be considered as acceptable humor and what parts should not.

There were, at one point, hopes that the German legal system would simply throw out President Erdogan’s complaints and make a firm stand for free speech. But now it seems as if the case will take a different turn.

What makes the case even worse is the fact that the German government allowed President Erdogan’s complaints on political grounds. Germany simply needs Turkey to stem the flow of refugees from Syria (and other countries). So much so that the government is prepared to put free speech on the line.

This will be a defining moment for German democracy.

/ HAX

• Gericht verbietet Teile von Böhmermanns „Schmähgedicht“ »
• Erdogan geht auch gegen Springer-Chef Döpfner vor »

Update:
• BBC: German court rules against comic Boehmermann over Erdogan poem »

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Study: The surveillance state breeds fear and conformity and stifles free expression

A newly published study from Oxford’s Jon Penney provides empirical evidence for a key argument long made by privacy advocates: that the mere existence of a surveillance state breeds fear and conformity and stifles free expression. Reporting on the study, the Washington Post this morning described this phenomenon: “If we think that authorities are watching our online actions, we might stop visiting certain websites or not say certain things just to avoid seeming suspicious.”

The Intercept: New Study Shows Mass Surveillance Breeds Meekness, Fear, and Self-Censorship »

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Germany: Politician arrested for reciting anti-Erdogan poem at rally

“During a rally supporting comedian Jan Boehmermann, Bruno Kramm, the head of the Berlin branch of Germany’s Pirate Party, was arrested for “insulting a representative of a foreign state” by quoting a line from the comic’s satirical poem slamming Erdogan.

German police arrested Kramm while he was conducting a “literary analysis” of the German comedian’s satirical poem in front of the Turkish embassy in Berlin during a protest held under the slogan “No Power for Erdowahn, Freedom Instead of Erdogan” [Keine Macht dem Erdowahn, Freiheit statt Erdogan], the Morgenpost newspaper reported.”

• Pirate Party’s leader detained in Germany for citing poem about Erdogan »

• Berliner Piraten-Chef bei Erdogan-Demo festgenommen »

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