08 March 2022
The EU’s “Ban” of RT and Sputnik
Denouncing Russian authorities‘ “muzzling“ of independent media and reiterating its support for media freedom and pluralism, the European Union banned two Russian media outlets in March 2022. This apparent contradiction between a statement of principle and concrete action can be resolved. While the ban can be legally justified as a measure designed to suppress “propaganda for war”, European institutions should not try to justify it by pointing to these outlets’ track record of “disinformation” or simply “propaganda”. To address legitimate questions of double standards that will come up in the wake of the inevitable whataboutism, it should be stressed that the Union’s measures differ decisively from any authoritarian censorship by virtue of the Union’s character as a community of law. Continue reading >>
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24 February 2022
The DSA’s Industrial Model for Content Moderation
I expect that in many real-world cases, the process prescribed by the DSA will waste resources that could better be spent elsewhere, and burden smaller platforms to a degree that effectively sacrifices competition and pluralism goals in the name of content regulation. There is a difference between procedural rules that legitimately protect fundamental rights and the exhaustive processes that might exist in a hyper-rationalized, industrial model of content moderation. The line between the two is not always clear. But I think the DSA often crosses it. Continue reading >>
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23 February 2022
The Court of Arbitration for Sport’s Multifarious Views on Freedom of Expression
In sport, the fine line between ‘political’ and ‘non-political’ expression is vital because certain expressions could potentially result in disciplinary sanctions. Dubbed as the ‘supreme court of world sport’, the Court of Arbitration for Sport (‘CAS’) is pivotal in interpreting and adjudicating cases involving freedom of expression in international sports. Currently, the CAS jurisprudence tends to fail to provide clear and consistent reasoning. Continue reading >>
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23 February 2022
A Court of Last Resort
In a survey released by Reporters without Borders in 2021, India’s position in the Press Freedom Index significantly dropped to 142nd place out of 180 countries. This blog post examines freedom of press in India from a constitutional law perspective and discusses two recent judgments of the Supreme Court of India on India’s sedition law. I argue that while the Supreme Court has protected press freedoms in different ways through interpretation of the Constitution and judicial review, sedition law continues to be (mis)used to intimidate journalists. Continue reading >>
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17 February 2022
Neutrality of the Olympic Movement and Freedom of Expression
The relationship between sports and neutrality belongs to the most hotly debated topics in international sports law. This blog post illustrates the application of the neutrality principle in practice and argues that the athletes’ freedom of expression in sports is emerging as a ‘concession’ rather than as a ‘right’, suggesting that a reform of the regulations imposed by the Olympic Movement is urgently needed. Continue reading >>
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14 February 2022
Political Horse-Trading at High Costs
In July 2021, the High Representative for Bosnia and Herzegovina Valentin Inzko used the last days of his term to criminalize genocide denial by decree. This move has sparked a prolonged political crisis which seems to be coming to a bizarre end that is nothing but a horse-trading at the expense of the freedom of expression. Continue reading >>
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11 February 2022
Who is violating whom
Even the curtest decision from Karlsruhe may contain a message Continue reading >>
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10 February 2022
Athletes and the Human Right to Freedom of Expression
While Sport Governing Bodies can regulate freedom of expression for athletes in sports, the current approach of the IOC seems to fail to abide by the standards required under international human rights law. In particular, the lack of clarity on the content and forms of expression banned under Rule 50 of the Olympic Charter seems to conflict with the foreseeability expected by international human rights law. Continue reading >>
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08 February 2022
Die Moderation von extremistischen Inhalten ist fehleranfällig und verursacht reale Schäden
Maßnahmen, die die Möglichkeiten terroristischer Gruppen, sich zu organisieren, zu rekrutieren und aufzuwiegeln einschränken sollen, wurden in den letzten Jahren ausgeweitet und führen häufig dazu, dass nicht nur extremistische Äußerungen, sondern auch Menschenrechtsdokumente, Gegenrede und Kunst gelöscht werden. In allen Bereichen der Moderation kommt es zu Fehlern, unabhängig davon, ob die Moderation von Menschen, künstlicher Intelligenz oder einer Kombination aus beidem durchgeführt werden. Continue reading >>
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08 February 2022
The moderation of extremist content is prone to error, causing real-world harm
Policies intended to limit the ability of terrorist groups to organize, recruit, and incite — as well as for individuals to praise such groups — have been expanded in recent years via content moderation efforts online, and often result in the erasure of not only extremist expression, but human rights documentation, counterspeech, and art. Continue reading >>
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