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Category: Freedom of Expression

Regulating anonymous blogs?

24 September, 200828 September, 2008
| 14 Comments
| EU media policy, Freedom of Expression

Fderalist Papers coverAn article by Marcel Berlins in today’s Guardian raises the issue of internet libel, especially by anonymous bloggers:

The web encourages lies and deceit. It’s impossible to know who lurks behind a funny nickname

On the whole, I can’t complain too much about the readers who respond to my column online … [but] I seriously considered suing one commenter for libel; I would have won, and English law, for purposes of libel litigation, allows the real identity behind an online pseudonym to be discovered.

It is that anonymity that’s at the hub of a debate and vote that takes place in the European Parliament tomorrow. An Estonian MEP, Marianne Mikko, is worried that a growing number of blogs are written with “malicious intentions or hidden agendas”. She proposes that bloggers identify themselves and declare any interests they have in the issue they’re writing about. Her concerns should be taken seriously. … We may soon have to consider devising controls on entry, though what form they’ll take is not easy to envisage. It is possible that we will find out, in five or 10 or 20 years, that, in the internet, we have created a monster we cannot tame, whose capacity for doing harm exceeds any good it once brought.

…

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Banning Books

5 September, 200823 November, 2010
| 1 Comment
| Censorship, Freedom of Expression

Gary Slapper, via the Times Online website.Writing today in his Weird Cases column in TimesOnline (update: the outcome of a similar case is here), Gary Slapper (left) hits the nail on the head:

Historically, there has been a serious problem for those who try to use the law to ban books: their action is commonly counter-productive. Nothing so effectively enlarges a book’s readership as a censor trying to stop people from reading it.

It reminds me that the American Library Association (ALA) promotes Banned Books Week: Celebrating the Freedom to Read at the end of September each year:

BBW celebrates the freedom to choose or the freedom to express one’s opinion even if that opinion might be considered unorthodox or unpopular and stresses the importance of ensuring the availability of those unorthodox or unpopular viewpoints to all who wish to read them. After all, intellectual freedom can exist only where these two essential conditions are met.

…

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Privacy 3 – 0 Press

7 August, 20084 December, 2020
| 7 Comments
| Freedom of Expression, Media and Communications, Privacy

Football, via Wiki Commons.Some own goals are comical; others are crucial; but rarely are they as wilfully self-inflicted as the three own goals which the press has recently conceded to privacy. …

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Free Speech, even for Kevin Myers – Update

18 July, 200819 September, 2008
| 1 Comment
| Freedom of Expression, Irish Law, Irish Society, Media and Communications

Image of Africa, via Millennium Campaign (End Poverty 2015) website.The controversy about the article by Kevin Myers in last week’s Irish Independent rumbles on. And as I said in my last post, that is all to the good. It is the frank and open debate of the points he makes in the article that will best serve his critics, not an over-reaction to his rhetoric.

Here’s a sample of the online reaction: …

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Free Speech, even for Kevin Myers

16 July, 200819 July, 2008
| 9 Comments
| Freedom of Expression, Irish Law, Irish Society, Media and Communications

Kevin Myers, via the Irish Independent website.Kevin Myers (pictured left) is a mordant and trenchant journalist, possessed of contumacious views and caustic expression. He is a classic contrarian, articulating non-populist positions with style and vigour. Sometimes he does this with Swiftian ridicule and satire; sometimes with polemic and overstatement; and sometimes with acerbic and penetrating insight. When he gets it right, he is one of Ireland’s best exponents of sharp and biting political commentary and analysis.

Though I rarely, if ever, agree with him, I am always challenged by what he writes. Sun Tzu, in The Art of War, advised that one should know the enemy. In that spirit, I read Kevin Myers: I seek him out because I know that I will usually disagree with his views. And the fact that he can challenge my views, or a contemporary consensus, is, in many ways, the best justification for freedom of expression. When he takes a strong position, it challenges those of us who disagree with him to understand our own positions, marshal our thoughts, and understand precisely what we believe and why we believe it, the better to explain why we disagree with him.

However, last week, Myers crossed the line from commenting on the news to making it.…

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Finally, some sense on Article 40.6.1(i)

10 July, 200810 July, 2008
| 3 Comments
| Freedom of Expression, Irish Law

Leinster House, via the Oireachtas websiteToday, the Joint Oireachtas Committee on the Constitution, after a call for submissions and having taken evidence in public sessions, published its Report on Freedom of Expression. It is an extensive and well-written report, and will repay much further study. In the meantime, from the press release:

“The committee recommends that the current wording of the constitutional article on freedom of expression is unsatisfactory and drafted in such a way that the limitations on free speech are accorded undue prominence. The Joint Committee recommends that the freedom of expression as provided for in the constitution should be amended to be expressed along the lines of Article 10 of the European Convention of Human Rights, which will ensure greater emphasis on the freedom of speech whilst allowing for proportionate and measured restrictions on that freedom”, said Deputy Ardagh [Chair of the Committee].

“However, given the development in case law and the jurisprudence which has emerged on freedom of expression since 1996, the Committee is of the view that amendment is not immediately necessary but recommends that change be made when an appropriate opportunity presents”, he added.

This is a good starting point, but it is a pity that the Committee didn’t go further.…

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Incitement to Anorexia

16 April, 200811 May, 2010
| 5 Comments
| advertising, Censorship, Freedom of Expression, US Supreme Court

Bodywhys  logo, via the Bodywhys website.L’Assemblée nationale francaise (the lower house of the French parliament) yesterday passed a “Draft law aimed at fighting incitement to seek extreme thinness or anorexia” providing for fines of to €30,000 and terms of imprisonment of up to two years for inciting to “excessive thinness” and more if the incitement results in death (see Associated Press | Daily Telegraph | Guardian | International Herald Tribune here and here | Irish Independent | Irish Times | Media Law Prof Blog here and here | New York Times; update Volokh, including the French text of the Bill). The Bill will go before le Sénat (the upper house) next month. According to the Guardian, the Bill:

would bar any form of media, including websites, magazines and advertisers, from promoting extreme thinness, encouraging severe weight-loss or methods for self-starvation … [and] is specifically aimed at what French MPs called pro-anorexia “propaganda” websites … [which] support anorexia as a lifestyle choice rather than a medical disorder … The blogs and forums, which have developed in the US since 2000 and grown in France over the past two years, often include talk-boards frequented mainly by teenage girls and young women with advice on how to get through the pain of extreme hunger after eating a yoghurt a day, or how to hide extreme weight-loss from parents or doctors.

…

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The First Amendment is dead; long live the First Amendment

15 April, 200813 March, 2009
| 2 Comments
| Freedom of Expression

Alex Kozinski, via WCL.The First Amendment is dead, according to Judge Alex Kozinski (right) (official bio | articles | magazine profile | unofficial site | UTR BSG | wikpedia).

When AK shoots from the lip, life is never boring. One friend likes his fiercely libertarian instincts, another his mercurial contrarian attitudes – I have always been a fan of his provocative First Amendment scholarship and decisions (one of the classic articles on the doctrine of commercial speech is Kozinski and Stuart Banner “Who’s Afraid of Commercial Speech?” 76 Virginia Law Review 627 (1990) (pdf); see also their sequel “The Anti-History and Pre-History of Commercial Speech” 71 Texas Law Review 747 (1993) (pdf); summary here).

Last week, he made speech theory life very interesting indeed. Delivering an address at a Pepperdine University School of Law Sympoisum on Free Speech & Press in the Modern Age – Can 20th Century Theory Bear the Weight of 21st Century Demands?, AK argued that the First Amendment is dead! In a summary provided by Roger Alford on Opinio Juris (also Legal Blog Watch | First Amendment Law Prof Blog), in a speech entitled “The Late, Great First Amendment”, the essence of what AK had to say was that

in a day when Internet speech is not capable of suppression, the ability of the First Amendment to have a moderating effect is now gone.

…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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