Cearta.ie – Page 100 – the Irish for rights

Thawing the libel chill?

Posted on 24 May, 201022 June, 2010 by Eoin

On Thursday evening, from 6:30pm to 8:00pm, the Science Gallery in TCD will host what promises to be a fascinating event on the chilling impact of the law of libel on scientific debate:

Libel Chill with Simon Singh and Peter Wilmshurst

Libel reform has become increasingly relevant in scientific research and journalism in the UK and Ireland, as highlighted in recent times by the high profile case of Simon Singh. Libel laws have been accused of intimidating journalists, scientists and publishers into silence for fear of legal persecution. The effect has been dubbed “libel chill” and the Libel Reform Campaign argues ‘Freedom to criticise and question, in strong terms and without malice, is the cornerstone of argument and debate, whether in scholarly journals, on websites, in newspapers or elsewhere. Our current libel laws inhibit debate and stifle free expression. They discourage writers from tackling important subjects and thereby deny us the right to read about them.’

Master of ceremonies for the evening will be Myles Dungan, and speakers will include Simon Singh, who successfully defended a two year libel battle with the British Chiropractic Association, and his lawyer Robert Dougans. Cardiologist Peter Wilmshurst who is currently being sued for libel in the biggest ongoing medical libel case, and his lawyer Mark Lewis, will also speak at the event.…

Academic Freedom in the Universities Act, 1997

Posted on 24 May, 201024 May, 2010 by Eoin

Academics for Academic Freedom logo, via their site I’m sorry not to have been able to acknowledge the celebration of AFAF‘s International Academic Freedom Day on the day itself by a wonderful blog carnival on the right to learn, ably convened by Deirdre Duffy, and hosted by the ever-wondrous Human Rights in Ireland blog. I’ve blogged on academic freedom on many previous occasions (see especially here and here), and I’d like here look at some of the Irish legal aspects of the issue.

Section 14(1) of the Universities Act, 1997 (also here) provides that Irish universities have “the right and responsibility to preserve and promote the traditional principles of academic freedom” in the conduct of their internal and external affairs, and that they are entitled to regulate their affairs in accordance with their “independent ethos and traditions and the traditional principles of academic freedom”. This is an important guarantee of institutional autonomy, and is a sine qua non for the right of academics to teach, research, publish and participate in public debate without fear of retribution from their institutions. That right is secured by section 14(2) of the Act, which provides:

A member of the academic staff of a university shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the university, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the university, for the exercise of that freedom.

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xkcd on blogging

Posted on 23 May, 201024 May, 2010 by Eoin

From xkcd:

Hint: to get the full effect, mouse over the image.…

Rationales for free speech online

Posted on 16 May, 2010 by Eoin

Angela Daly, a PhD candidate in Law by the EUI, Florence, has just published a fascinating article on SSRN on the extent to which the existing rationales for freedom of expression apply online.

The abstract provides:

The Internet, and Rationales for Free Expression

The changes to society brought by the Internet have prompted a challenge to orthodoxy in a number of areas of law, Intellectual Property being a notable example. Human rights, especially those related to information, knowledge and ideas, have been drawn into this re-evaluation, with various issues being encountered in practice demanding solutions that accord with respect for rights and freedoms, and with the functioning of this new technology. Nevertheless, the theoretical aspect of human rights in the Internet context has not been so much addressed. The Internet has implications for how rights are conceived, especially the freedoms of speech and expression. This study is an examination of whether the existing rationales for free speech and expression still apply in the context of cyberspace. These rationales, coming mainly from court decisions (in particular, the US Supreme Court) as well as the academic literature (notably Cass Sunstein‘s work), will be examined, alongside observations about the state of play in the Internet, with Yochai Benkler‘s elaboration of the development of “commons-based peer production” initiatives being of particular relevance.

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The fairy tale of privacy in the digital age

Posted on 16 May, 201016 May, 2010 by Eoin

A cartoon commissioned from Chris Slane for this year’s Privacy Awareness Week:

Image: Two children are walking in a forest. They appear to be carrying PDAs; there are many public electronic devices (phones, ATMs, internet booths) on the trees; there is a cctv camera on a tree; there is a spy satellite overhead; and one of the background trees is in fact a communications mast. Peering out from behind a tree towards the back of the scene, a witch following them is studying her own PDA.
Caption: Alas, Hansel and Gretel had left a digital trail.

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Gallimaufry

Posted on 12 May, 201010 October, 2016 by Eoin

Dr Johnson defined gallimaufry as

1. A hoch-poch …
2. Any inconsistent or ridiculous medley. …

Here’s a hoch-poch, or hotch-potch (though, of course, not a hotchpot) of links relevant to the themes of this blog that have caught my eye over the last while:

First, an Article 10 Right of Reply? considers the various routes to a legally enforceable right to reply to inaccurate information in the same medium where the original statements were published. In this post, Andrea Martin argued that such a development is neither necessary nor desirable, but that a voluntary scheme operated by broadcast media would have a lot to recommend it.

Second, the Irish judiciary has signalled support for setting up a judicial council, a development anticipated by the ICCL in 2007 which I welcomed at the time.

Third, Slate recently published No More Bullet Points, No More Clip Art (h/t Oisín, offline) arguing that “PowerPoint isn’t evil if you learn how to use it”. But so many people fail to learn how to use it that I have no doubt that my antipathy will continue.

Fourth, a story in the Independent on Plagiarism and PhDs: how to deal with copying says that it “may seem counter-intuitive but postgraduates are more likely to commit plagiarism than undergraduates”.…

The innocent have nothing to hide?

Posted on 11 May, 201012 May, 2010 by Eoin

Human Rights in Ireland‘s superb Blog Carnival on DNA Databases (context | 2010 Bill (pdf) here and here | mass screening | European experience | Australia | Scotland) picks up and amplifies my concerns about DNA privacy. In particular, David O’Dwyer‘s post argues that the common trope that “the Innocent have nothing to fear!” exacerbates “the growing perception of ‘us’ and ‘them’ in society – ‘Us’ the law abiding citizens and ‘Them’, the law breakers, the ‘Barbarians at the gate'” (by no means a uniquely Irish concern). He concludes that

While these laws may seem to be in ‘our’ interest

…There has been sufficient miscarriages of justice in the history of crime in this and in other jurisdictions to indicate a belief that ‘the innocent have nothing to fear’ is not necessarily the whole answer.

McGuinness J –Gilligan v Criminal Assets Bureau [1997] IEHC 106; [1998] 3 IR 185 (26 June 1997) [118].

McGuinness J’s dictum was approved by Hardiman J in the Supreme Court in O’C v DPP [2000] IESC 58 (19 May 2000) [195]. Concerns over the too-easy invocation of the trope have animated previous posts on this blog. As Toby Stevens observed on The Privacy, Identity & Consent Blog:

Debunking a myth: If you have nothing to hide, you have nothing to fear

… “Nothing to hide, nothing to fear” is a myth, a fallacy, a trojan horse wheeled out by those who can’t justify their surveillance schemes, databases and privacy invasions.

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Denvir on Freeing Speech: the Constitutional War Over National Security

Posted on 10 May, 201011 May, 2010 by Eoin

Cover of John Denvir's book 'Freeing Speech' via NYU Press website An extraordinarily important book is published today. It is Freeing Speech: the Constitutional War Over National Security (NYU Press | Amazon | Google Books) by John Denvir, Research Professor of Constitutional Policy at the University of San Francisco School of Law.

From the abstract:

The United States is in the midst of a heated conversation over how the Constitution impacts national security. In a traditional reading of the document, America uses military force only after a full and informed national debate. However, modern presidents have had unparalleled access to the media as well as control over the information most relevant to these debates, which jeopardizes the abilities of a democracy’s citizens to fully participate in the discussion. In Freeing Speech, John Denvir targets this issue of presidential dominance and proposes an ambitious solution: a First Amendment that makes sure the voices of opposition are heard.

Denvir argues that the First Amendment’s goal is to protect the entire structure of democratic debate, even including activities ancillary to the dissemination of speech itself. Assessing the right of political association, the use of public streets and parks for political demonstrations, the press’ ability to comment on public issues, and presidential speech on national security, Denvir examines why this democratic model of free speech is essential at all times, but especially during the War on Terror.

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