"This edition of the Special Collection on the Case Law of Freedom of Expression: Case law on content moderation and freedom of expression is an update of the 2023 Special Collection on content moderation and freedom of expression. It includes cases that have been added to the database in the period
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from July 2023 to August 2024. These new cases include jurisprudence from Brazil, regional European courts, Germany, Japan, India, Italy, the Netherlands, and the United States of America. The cases show a variety of court decisions on content moderation in different parts of the world. In particular, many new decisions about the moderation of (health) misinformation were added to the database. Thus, a new section dedicated to claims requesting the reinstatement of content or accounts, that were removed for allegedly violating misinformation policies, was added (Section II.1.c). Certainly, content moderation reflects current tensions in society. For example, most of the misinformation cases that deal with the falsehood of objective information concern health information during the COVID-19 pandemic. Cases about wrong—and often defamatory—information about individuals are not classified as “misinformation” cases for the purposes of this paper. They are part of a more general section about the removal or reinstatement of content, considering they are at the core of what content moderation has been dealing with for decades. While the law of many jurisdictions around the world penalizes defamation to some (strongly varying) degree, the issue of whether “merely” objectively wrong information should be unlawful is more contested. Thus, the balancing exercises of courts around the world—when dealing with private content moderation decisions in this realm—provide valuable insights." (Introduction)
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"In 2023, Advancing Rights in Southern Africa (ARISA) through its consortium partner, Internews, undertook the most comprehensive review yet of laws affecting media practice and the freedom of expression, including cyber laws, penal codes, constitutions and acts of parliament, in the sixteen Souther
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n African Development Community (SADC) countries. The Information Ecosystem Analysis (IEA) provides an in-depth overview of the legal provisions that have been enacted or are in various stages of becoming laws in the region, and are being used by SADC governments to stifle and limit press freedom and public debate. Each of the sixteen SADC countries are included as individual country chapters in this report, providing country-specific legal analyses of the relevant Cyber security and related laws used by the respective country’s governments to stifle freedom of expression. The approach used by the researchers considered the legislative environment together with literature on the relevant topics, court cases and media reports about the application of specific laws and focused on incidents of where laws were used, dating from 2020 to present. The respective country analyses have been informed by extensive virtual interviews conducted with journalists, civil society representatives and academics in the region. Attention was also given to countries holding elections in 2023 and 2024." (Executive summary)
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"Este trabajo tiene como objetivo avanzar en la comprensión de una serie de casos del Sistema Interamericano de extraordinario contenido y valor para fortalecer el rol de los jueces en la prevención de situaciones que vulneren el derecho a libertad de expresión, el acceso a la información, así
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como la protección de periodistas." (Introducción)
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"All the international and legal frameworks outlined above demonstrate concrete entry points for collaboration between women’s rights organisation and media for the elimination of gender-based violence. Media can challenge stereotypes and patriarchal structure through gender-sensitive reporting an
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d equality in the newsrooms. Women’s rights organisations can provide expertise when media report on gender-based violence to ensure gender-sensitive coverage and gain a better understanding of legal frameworks. As media reports on gender-based violence, legal arguments can be utilised to raise awareness of the issue. When states implement good practices, media has both a role and a responsibility to promote them. Women’s rights organisations lobbying for the advancement of gender equality and elimination of violence against women would also benefit from media coverage." (Conclusion, page 10)
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"In this report, the authors examine and compare state implementation and enforcement of criminal laws prohibiting blasphemy (“blasphemy laws”) worldwide over the five-year period between January 2014 and December 2018. The criminal cases this study analyzes represent states’ enforcement of la
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ws that sanction the expression of opinions or actions deemed “blasphemous,” or counter to majority views or religious belief systems. Many such laws impose serious penalties, including prison, forced labor, or death, upon those convicted. Countries throughout the world have and continue to enforce criminal blasphemy laws, often justifying them as necessary to promote intergroup religious harmony. In some states, however, civilians enforce blasphemy prohibitions extrajudicially, committing acts of violence in the name of protecting God, religion, and “the sacred.” Analyzing the ways in which states and private, non-state actors enforce these laws may assist the public policy community in developing clear, tailored recommendations for areas of criminal legal reform, especially in states with vague laws, harsh penalties, and high levels of enforcement. An analysis of criminal blasphemy cases reported in the news and adjudicated in courts identifies the contexts in which blasphemy laws may increase the risk of human rights abuses, through state acts or omissions, indicating the places and ways in which targeted law reform could lower that risk." (Overview, page 5)
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"The objective of this report is to make available a resource that can be used by lawyers, policy experts and civil society to gauge the trajectory of judicial discourse on digital rights and use this as a tool to advocate for greater protections. This is not a compendium of all cases relating to th
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e topics dealt with. For studying the cases, the researchers developed a workbook that collated decisions available in online databases including CYRILLA and the Columbia University’s Global Freedom of Expression database. Resources developed by national groups on the state of digital rights in their countries provided critical guidance. The cases selected naturally fell into three categories of Access, Privacy and Freedom of expression. A key challenge faced, while developing this research, relates to collection of data. In many of the countries (except India), case laws are not easily available on free, open and searchable case law databases. Judgements and orders are often not available or are difficult to access on official court websites. In some countries, many of the decisions or orders relating to digital rights were not reported and thus were inaccessible. In a few instances, particularly for Nepal and Pakistan, some judgements were not available in English and reliance had to be placed on the analysis of the judgement provided by researchers with knowledge of the local language. The countries selected share similar legal systems and challenges in the exercise and enjoyment of digital rights. Some of the issues covered by the report include discussions around access to the internet and its impact on other rights as well as network shutdowns. Judicial pronouncements in relation to privacy, surveillance, national identity programmes, data protection have been analysed across jurisdictions. A significant number of cases studied related to challenges surrounding freedom of expression. Judgements on access to the internet indicate that there is some recognition of the central role the internet and connectivity play in the lives of all individuals. Cases discussed in this report include judgements relating to equitable telecast rights, instances where use of mobile phones were prohibited, providing limited internet access to prisoners, recognition of medium of information being protected and multiple cases on network shutdowns." (Overview and refelections, page 7)
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"This study examines the existence of criminal defamation and insult laws in the territory of the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). In doing so, it offers a broad, comparative overview of the compliance of OSCE participating States’ legislat
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ion with international standards and best practices in the field of defamation law and freedom of expression. The primary purpose of the study is to identify relevant provisions in law. Although the study does include examples of the usage of these provisions, it is not an analysis of legal practice [...] The study is divided into two sections. The first section offers conclusions according to each of the principal categories researched and in reference to international standards on freedom of expression. The second section provides the detailed research findings for each country, including relevant examples. As the study’s title suggests, the primary research category is general criminal laws on defamation and insult. However, this study also covers special laws protecting the reputation or honour of particular persons or groups of people (e.g., presidents, public officials, deceased persons); special laws protecting the ‘honour’ of the state and state symbols; and blasphemy and religious insult laws." (About this study, page 2)
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