Freedom of Expression and the Media: Standard-setting by the Council of Europe, (I) Committee of Ministers – IRIS Themes external link

Nikoltchev, S. & McGonagle, T.
European Audiovisual Observatory, 0224, pp: 398 pp.

Grondrechten, Vrijheid van meningsuiting

Bibtex

Book{nokey, title = {Freedom of Expression and the Media: Standard-setting by the Council of Europe, (I) Committee of Ministers – IRIS Themes}, author = {Nikoltchev, S. and McGonagle, T.}, url = {https://www.ivir.nl/publicaties/download/IRIS_Themes_I.pdf}, year = {0224}, date = {2011-02-24}, keywords = {Grondrechten, Vrijheid van meningsuiting}, }

Minority Rights, Freedom of Expression and of the Media: Dynamics and Dilemmas external link

Intersentia , 0224, Series: (Netherlands) School of Human Rights Research Series, pp: 668

Abstract

This book offers a rigorous, theory-based, and uniquely comprehensive, analysis of European and international legal standards shaping minorities’ right to freedom of expression. The analysis pays particular attention to the instrumental role played by traditional and new forms of media in ensuring that the right to freedom of expression of persons belonging to minorities is effective in practice. The relevant international legal framework is set out in detail, including a careful examination of the relationship between generalist and minority-specific international human rights instruments. Due attention is paid to the historical circumstances in which key instruments were developed and the contemporary context in which they are now being interpreted. The analysis is also informed by an awareness of institutional and political dynamics. All of this forms the basis for the book’s central objective: to mount a critical evaluation of the existing international legal framework governing freedom of expression for minorities, while drawing on theoretical insights gained from human rights scholarship and communications science. The first major focus of the evaluation is the regulation and restriction of expression to protect minority rights, in which issues such as pluralism, tolerance and “hate speech” feature centrally. Its second major focus, the regulation and facilitation of expression to promote minority rights, explores cultural and linguistic rights and media access questions.

Grondrechten, Vrijheid van meningsuiting

Bibtex

Book{nokey, title = {Minority Rights, Freedom of Expression and of the Media: Dynamics and Dilemmas}, author = {McGonagle, T.}, url = {https://intersentia.com/en/minority-rights-freedom-of-expression-and-of-the-media-dynamics-and-dilemmas.html}, year = {0224}, date = {2012-02-24}, abstract = {This book offers a rigorous, theory-based, and uniquely comprehensive, analysis of European and international legal standards shaping minorities’ right to freedom of expression. The analysis pays particular attention to the instrumental role played by traditional and new forms of media in ensuring that the right to freedom of expression of persons belonging to minorities is effective in practice. The relevant international legal framework is set out in detail, including a careful examination of the relationship between generalist and minority-specific international human rights instruments. Due attention is paid to the historical circumstances in which key instruments were developed and the contemporary context in which they are now being interpreted. The analysis is also informed by an awareness of institutional and political dynamics. All of this forms the basis for the book’s central objective: to mount a critical evaluation of the existing international legal framework governing freedom of expression for minorities, while drawing on theoretical insights gained from human rights scholarship and communications science. The first major focus of the evaluation is the regulation and restriction of expression to protect minority rights, in which issues such as pluralism, tolerance and “hate speech” feature centrally. Its second major focus, the regulation and facilitation of expression to promote minority rights, explores cultural and linguistic rights and media access questions.}, keywords = {Grondrechten, Vrijheid van meningsuiting}, }

A survey and critical analysis of Council of Europe strategies for countering ‘hate speech’ external link

Abstract

The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

Grondrechten, Vrijheid van meningsuiting

Bibtex

Other{nokey, title = {A survey and critical analysis of Council of Europe strategies for countering ‘hate speech’}, author = {McGonagle, T.}, url = {http://www.ivir.nl/publicaties/download/723.pdf}, year = {0601}, date = {2012-06-01}, abstract = {The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?}, keywords = {Grondrechten, Vrijheid van meningsuiting}, }

Freedom of Expression Implications for the Governance of Search external link

IRIS Special, 2009

Grondrechten, Vrijheid van meningsuiting

Bibtex

Other{nokey, title = {Freedom of Expression Implications for the Governance of Search}, author = {van Hoboken, J.}, url = {http://www.ivir.nl/publicaties/download/699.pdf}, year = {0330}, date = {2009-03-30}, journal = {IRIS Special}, keywords = {Grondrechten, Vrijheid van meningsuiting}, }

Zoekmachines en de Wbp: over de grens van onze digitale horizon external link

Privacy & Informatie, num: 6, pp: 210-216, 2009

Grondrechten, Privacy

Bibtex

Article{nokey, title = {Zoekmachines en de Wbp: over de grens van onze digitale horizon}, author = {van Hoboken, J.}, url = {http://www.ivir.nl/publicaties/download/zoekmachines_en_de_wbp.pdf}, year = {0330}, date = {2009-03-30}, journal = {Privacy & Informatie}, number = {6}, keywords = {Grondrechten, Privacy}, }

Annotatie bij HvJEG 10 februari 2009 (Ierland/Parlement en Raad) external link

Privacy & Informatie, num: 2, pp: 5, 2009

Grondrechten, Privacy

Bibtex

Case note{nokey, title = {Annotatie bij HvJEG 10 februari 2009 (Ierland/Parlement en Raad)}, author = {van Hoboken, J.}, url = {http://www.ivir.nl/publicaties/download/Annotatie_bij_HvJEG_10_feb_2009_Ierland_tegen_Europees_Parlement_en_de_Raad.pdf}, year = {0330}, date = {2009-03-30}, journal = {Privacy & Informatie}, number = {2}, keywords = {Grondrechten, Privacy}, }

Privacy in het publieke domein (Universiteit van Amsterdam) external link

Grondrechten, Privacy

Bibtex

Presentation{nokey, title = {Privacy in het publieke domein (Universiteit van Amsterdam)}, author = {van Hoboken, J.}, url = {http://www.ivir.nl/publicaties/download/Privacy_in_het_publieke_domein_OpeningAcademischJaar.pdf}, year = {0930}, date = {2009-09-30}, keywords = {Grondrechten, Privacy}, }

Het belang van privacy. Verwarring over het burgerrecht van de 21ste eeuw, external link

Open, num: 19, 2010

Grondrechten, Privacy

Bibtex

Article{nokey, title = {Het belang van privacy. Verwarring over het burgerrecht van de 21ste eeuw,}, author = {van Hoboken, J.}, url = {http://classic.skor.nl/4814/nl/joris-van-hoboken-het-belang-van-privacy}, year = {0603}, date = {2010-06-03}, journal = {Open}, number = {19}, keywords = {Grondrechten, Privacy}, }

Little Brother Is Tagging You – Legal and Policy Implications of Amateur Data Controllers external link

Computer Law International (CRi), num: 4, pp: 101-109., 2011

Abstract

This article argues that the instances in which amateur users will fall under the ambit of data protection law are not the exception, but rather the rule. Based on an analysis of the provisions of the European Data Protection Directive, the article demonstrates that existing data protection law burdens amateur users with provisions that exceed the personal, technical and financial capacities of most Social Network Sites (SNS) users, that do no fit the SNS context or that users are simply not able to comply with without assistance from the SNS provider. While it is unacceptable to burden amateurs with a number of obligations that exceed their capacities, it is also not feasible to place all the burdens on SNS providers, since many of the privacy problems of SNSs are in fact user-made. All this points to a concept of joint-responsibility of SNS users and providers. The article concludes with a number of concrete suggestions on how such a concept of joint responsibility could be given form.

Grondrechten, Privacy

Bibtex

Article{nokey, title = {Little Brother Is Tagging You – Legal and Policy Implications of Amateur Data Controllers}, author = {van Hoboken, J. and Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/CRi_2010_4.pdf}, year = {0315}, date = {2011-03-15}, journal = {Computer Law International (CRi)}, number = {4}, abstract = {This article argues that the instances in which amateur users will fall under the ambit of data protection law are not the exception, but rather the rule. Based on an analysis of the provisions of the European Data Protection Directive, the article demonstrates that existing data protection law burdens amateur users with provisions that exceed the personal, technical and financial capacities of most Social Network Sites (SNS) users, that do no fit the SNS context or that users are simply not able to comply with without assistance from the SNS provider. While it is unacceptable to burden amateurs with a number of obligations that exceed their capacities, it is also not feasible to place all the burdens on SNS providers, since many of the privacy problems of SNSs are in fact user-made. All this points to a concept of joint-responsibility of SNS users and providers. The article concludes with a number of concrete suggestions on how such a concept of joint responsibility could be given form.}, keywords = {Grondrechten, Privacy}, }

The Right to be Forgotten and the Media Exception in the Proposed Data Protection Regulation external link

Grondrechten, Privacy

Bibtex

Presentation{nokey, title = {The Right to be Forgotten and the Media Exception in the Proposed Data Protection Regulation}, author = {van Hoboken, J.}, url = {http://greenmediabox.eu/archive/2012/06/28/data-protection/}, year = {0705}, date = {2012-07-05}, keywords = {Grondrechten, Privacy}, }