01 November 2024
Who Gets to Define Jewish Identity in Germany?
The German Bundestag is soon expected to vote on a resolution on “protecting Jewish life in Germany” that would tie public funding for culture and science to compliance with the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. While IHRA’s potential in curbing Palestinians’ political speech has been largely studied, another set of problems should warrant additional attention: the definition’s potential to regulate Jewish political identity into a singular version: one that coincides with the state of Israel. In doing so, it gives the state regulatory power to decide on what is, in fact, a burning question within Jewish circles. Continue reading >>
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06 September 2024
A Standoff Between the Monarchy and the People
On 7 August 2024, Thailand’s Constitutional Court ordered the dissolution of the Move Forward Party (MFP), the country’s most popular political party. The dissolution follows a decision in January, when the Constitutional Court ruled that the MFP’s campaign to amend section 112 of the Penal Code (the lèse-majesté law) constituted an attempt to overthrow the democratic regime with the king as head of state (DRKH), which is considered a fundamental principle of the Thai state. The decision is another chapter in a long-standing conflict over the scope of the criminal offense of lèse-majesté, the extent of freedom of expression, and ultimately, the character of the Thai state. Continue reading >>
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05 July 2024
A Legal Trap for Freedom of Expression
More than seven years ago, 406 academics and researchers have been permanently dismissed from their positions at Turkish universities for signing a peace petition condemning the military operations by Turkish security forces in areas heavily populated by the Kurdish minority. The case raises critical questions about the limitations of international human rights bodies in safeguarding freedom of expression. In this blog, I demonstrate how the pragmatic considerations of the Council of Europe (CoE) contributed to the creation of a judicial trap disguised as a legal remedy. Continue reading >>
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16 February 2023
Watchdog Watching Too Closely
In December 2017, readers of the largest and maybe also the most esteemed Finnish newspaper, Helsingin Sanomat, were surprised to find an article which, among others, showed excerpts of classified, red-labelled documents. Very little was publicly known about the workings of that special center, part of the military intelligence, situated in a faraway resort. More than five years later, on January 27th, 2023, the Helsinki District Court found both of the journalists guilty of criminal disclosure charges. Put simply, the court’s decision is that media may report abuses of power. However, an interest to attract readers only is not enough to justify the disclosure. Continue reading >>
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14 September 2022
Giving Offence is no Offence
The death of Queen Elizabeth II last week, and thus the accession to the throne of King Charles III is an opportunity for reflection. However, what some have found here in the UK is that expressing republican sentiment in public has been met with a policing intervention – arrest or warning. This post considers the legality of expressing such views, and thus of the police response too, as well as some wider issues about the policing of protest, dissent and free speech. Continue reading >>
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02 August 2022
Challenging Censorship
India’s online censorship laws have, since they were framed, been entirely lacking in transparency, and have consequently shielded the Indian government from any and all form of accountability. A writ petition by Twitter in an Indian High Court hopes to change that. Depending on which way the Courts rule, the fundamental rights of free expression, of due process and of access to the internet of millions of Indians are going to be decided by the end of this case. Continue reading >>
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14 March 2022
Terrorist content online and threats to freedom of expression
Many states have used these general stipulations contained in international law to introduce in their counterterrorism legislation specific provisions criminalizing the dissemination of ideas or opinions that might incite, endorse, or stimulate the commission of terrorist acts. With social media platforms, a new set of actors have begun setting the thresholds of what speech they will host, complicating governance. Continue reading >>
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23 June 2021
Military Justice, Journalism and Free Speech in Brazil
On 17 June, 2021, the Attorney-General of the Brazilian Federal Supreme Court affirmed that, in the government's view, the Military Justice has competence to try civilians accused of criminal offences against the honor of military institutions. He proposed that crimes related to the freedom of speech should be tried by a special military branch of the judiciary. The attacks on free speech by the government through the Attorney-General is another sign of the democratic erosion process. Continue reading >>
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18 May 2021
The UK’s Online Safety Bill: Safe, Harmful, Unworkable?
On 12 May 2021, the UK Government published the long-awaited Online Safety Bill. While the UK Government aims to show “global leadership with our groundbreaking laws to usher in a new age of accountability for tech and bring fairness and accountability to the online world”, this claim is more than doubtful. Continue reading >>
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29 March 2021
Intimidation through Litigation
Last week, legal proceedings were initiated against a Polish writer as well as a couple of high school students for allegedly insulting Polish President Andrzej Duda. These proceedings are just the latest examples of how Polish authorities or their allies attempt to intimidate and silence critics by means of litigation. Continue reading >>
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