Freedom of information is an extension of freedom of speech where the medium of expression is the "Internet. Freedom of information may also refer to the "right to privacy in the context of the Internet and "information technology. As with the right to freedom of expression, the right to privacy is a recognised "human right and freedom of information acts as an extension to this right. Freedom of information may also concern "censorship in an information technology context, i.e. the ability to access "Web content, without censorship or restrictions.
Freedom of information is also explicitly protected by acts such as the Freedom of Information and Protection of Privacy Act of Ontario, in Canada.
The concept of "freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of the internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet. The "Global Internet Freedom Consortium claims to remove blocks to the "free flow of information" for what they term "closed societies". According to the "Reporters without Borders (RWB) "internet enemy list" the following states engage in pervasive internet censorship: "China, "Cuba, "Iran, "Myanmar/"Burma, "North Korea, "Saudi Arabia, "Syria, "Turkmenistan, "Uzbekistan, and "Vietnam.
A widely publicized example of internet censorship is the ""Great Firewall of China" (in reference both to its role as a "network firewall and to the ancient "Great Wall of China). The system blocks content by preventing "IP addresses from being routed through and consists of standard firewall and "proxy servers at the "Internet "gateways. The system also selectively engages in "DNS poisoning when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical. "Internet censorship in the People's Republic of China is conducted under a wide variety of laws and administrative regulations, including more than sixty regulations directed at the Internet. Censorship systems are vigorously implemented by provincial branches of state-owned "ISPs, business companies, and organizations.
History of dissent and truth
Before the invention of the "printing press a written work, once created, could only be physically multiplied by highly laborious and error-prone manual copying. No elaborate system of censorship and control over "scribes existed, who until the 14th century were restricted to religious institutions, and their works rarely caused wider controversy. In response to the "printing press, and the "heresies it allowed to spread, the "Roman Catholic Church moved to impose censorship. Printing allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information (see "print culture). The origins of "copyright law in most European countries lie in efforts by the Roman Catholic Church and governments to regulate and control the output of printers.
In 1501 "Pope Alexander VI issued a Bill against the unlicensed printing of books and in 1559 the "Index Expurgatorius, or List of Prohibited Books, was issued for the first time. The Index Expurgatorius is the most famous and long lasting example of "bad books" catalogues issued by the Roman Catholic Church, which presumed to be in authority over private thoughts and opinions, and suppressed views that went against its doctrines. The Index Expurgatorius was administered by the "Roman Inquisition, but enforced by local government authorities, and went through 300 editions. Amongst others it banned or "censored books written by "René Descartes, "Giordano Bruno, "Galileo Galilei, "David Hume, "John Locke, "Daniel Defoe, "Jean-Jacques Rousseau and "Voltaire. While governments and church encouraged printing in many ways because it allowed for the dissemination of "Bibles and government information, works of dissent and criticism could also circulate rapidly. As a consequence, governments established controls over printers across Europe, requiring them to have official licenses to trade and produce books.
The notion that the expression of dissent or subversive views should be tolerated, not censured or punished by law, developed alongside the rise of "printing and the "press. "Areopagitica, published in 1644, was "John Milton's response to the "Parliament of England's re-introduction of government licensing of printers, hence "publishers. Church authorities had previously ensured that Milton's "essay on the right to divorce was refused a license for publication. In Areopagitica, published without a license, Milton made an impassioned plea for freedom of expression and toleration of falsehood, stating:
Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.
Milton's defense of freedom of expression was grounded in a "Protestant worldview and he thought that the English people had the mission to work out the truth of the "Reformation, which would lead to the "enlightenment of all people. But Milton also articulated the main strands of future discussions about freedom of expression. By defining the scope of freedom of expression and of "harmful" speech Milton argued against the principle of pre-censorship and in favor of tolerance for a wide range of views.
As the "menace" of printing spread, more governments attempted to centralize control. The "French crown repressed printing and the printer "Etienne Dolet was burned at the stake in 1546. In 1557 the "British Crown thought to stem the flow of seditious and heretical books by chartering the "Stationers' Company. The right to print was limited to the members of that guild, and thirty years later the "Star Chamber was chartered to curtail the "greate enormities and abuses" of "dyvers contentyous and disorderlye persons professinge the arte or mystere of pryntinge or selling of books." The right to print was restricted to two universities and to the 21 existing printers in the "city of London, which had 53 "printing presses. As the British crown took control of type founding in 1637 printers fled to the "Netherlands. Confrontation with authority made printers radical and rebellious, with 800 authors, printers and book dealers being incarcerated in the "Bastille in Paris before it was stormed in 1789.
A succession of English thinkers was at the forefront of early discussion on a right to freedom of expression, among them "John Milton (1608–74) and "John Locke (1632–1704). Locke established the "individual as the unit of value and the bearer of rights to "life, "liberty, "property and the "pursuit of happiness. However Locke's ideas evolved primarily around the concept of the right to seek salvation for one's soul, and was thus primarily concerned with theological matters. Locke neither supported a universal toleration of peoples nor freedom of speech; according to his ideas, some groups, such as atheists, should not be allowed.
By the second half of the 17th century philosophers on the European continent like "Baruch Spinoza and "Pierre Bayle developed ideas encompassing a more universal aspect freedom of speech and toleration than the early English philosophers. By the 18th century the idea of freedom of speech was being discussed by thinkers all over the Western world, especially by French "philosophes like "Denis Diderot, "Baron d'Holbach and "Claude Adrien Helvétius. The idea began to be incorporated in political theory both in theory as well as practice; the first state edict in history proclaiming complete freedom of speech was the one issued December 4, 1770 in "Denmark-Norway during the regency of "Johann Friedrich Struensee. However Struensee himself imposed some minor limitations to this edict in October 7, 1771, and it was even further limited after the fall of Struensee with legislation introduced in 1773, although censorship was not reintroduced.
"John Stuart Mill (1806–1873) argued that without human freedom there can be no progress in science, law or politics, which according to Mill required free discussion of opinion. Mill's "On Liberty, published in 1859 became a classic defence of the right to freedom of expression. Mill argued that "truth drives out falsity, therefore the free expression of ideas, true or false, should not be feared. Truth is not stable or fixed, but evolves with time. Mill argued that much of what we once considered true has turned out false. Therefore, views should not be prohibited for their apparent falsity. Mill also argued that free discussion is necessary to prevent the "deep slumber of a decided opinion". Discussion would drive the onwards march of truth and by considering false views the basis of true views could be re-affirmed. Furthermore, Mill argued that an opinion only carries intrinsic value to the owner of that opinion, thus silencing the expression of that opinion is an injustice to a basic human right. For Mill, the only instance in which speech can be justifiably suppressed is in order to prevent harm from a clear and direct threat. Neither economic or moral implications, nor the speakers own well-being would justify suppression of speech.
In "Evelyn Beatrice Hall's biography of "Voltaire, she coined the following sentence to illustrate Voltaire's beliefs: "I disapprove of what you say, but I will defend to the death your right to say it." Hall's quote is frequently cited to describe the principle of freedom of speech. In the 20th Century, Noam Chomsky states that: "If you believe in freedom of speech, you believe in freedom of speech for views you don't like. "Stalin and "Hitler, for example, were dictators in favor of freedom of speech for views they liked only. If you're in favor of freedom of speech, that means you're in favor of freedom of speech precisely for views you despise." "Lee Bollinger argues that "the free speech principle involves a special act of carving out one area of social interaction for extraordinary self-restraint, the purpose of which is to develop and demonstrate a social capacity to control feelings evoked by a host of social encounters." Bollinger argues that "tolerance is a desirable value, if not essential. However, critics argue that society should be concerned by those who directly deny or advocate, for example, "genocide (see limitations above).
- "Academic freedom
- "NUS No Platform Policy
- "The Confessionals
- "Digital rights
- "Election silence
- "Forbidden number
- "Freedom of thought
- "Global Network Initiative
- "Heckler's veto
- "Je suis Charlie
- "Jyllands-Posten Muhammad cartoons controversy
- "Laws against Holocaust denial
- "Market for loyalties theory
- "Media transparency
- "Open court principle
- "Photography is Not a Crime
- "Political correctness
- "Right to pornography
- "Symbolic speech
- Mill, John Stuart (1859). "Introductory". On Liberty (4th ed.). London: Longman, Roberts & Green (published 1869). para. 5.
Society can and does execute its own mandates ... it practises a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself. Protection, therefore, against the tyranny of the magistrate is not enough...
- Mill, John Stuart (1859). "Of the Liberty of Thought and Discussion". On Liberty (4th ed.). London: Longman, Roberts & Green (published 1869). para. 19.
In respect to all persons but those whose pecuniary circumstances make them independent of the good will of other people, opinion, on this subject, is as efficacious as law; men might as well be imprisoned, as excluded from the means of earning their bread.
- Ten Cate, Irene M. (2010). "Speech, Truth, and Freedom: An Examination of John Stuart Mill's and Justice Oliver Wendell Holmes's Free Speech Defenses". Yale Journal of Law & the Humanities. 22 (1). Article 2.
[A] central argument for freedom of speech in On Liberty is that in order to maximize the benefits a society can gain ... it must permanently commit to restraining dominant groups from their natural inclination to demand conformity.
- Wragg, Paul (2015). "Free Speech Rights at Work: Resolving the Differences between Practice and Liberal Principle" (PDF). Industrial Law Journal. Oxford University Press. 44 (1): 11. (subscription required (. ))
Comparison may be made between Mill's ‘tyrannical majority’ and the employer who dismisses an employee for expression that it dislikes on moral grounds. The protection of employer action in these circumstances evokes Mill's concern about state tolerance of coercive means to ensure conformity with orthodox moral viewpoints and so nullify unorthodox ones.
- "Article 19". International Covenant on Civil and Political Rights. Office of the United Nations High Commissioner for Human Rights; adopted and opened for signature, ratification and accession by UN General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976. 23 March 1976. Archived from the original on 5 July 2008. Retrieved 13 March 2014.
- van Mill, David (1 January 2016). Zalta, Edward N., ed. The Stanford Encyclopedia of Philosophy (Fall 2016 ed.).
- Smith, David (5 February 2006). "Timeline: a history of free speech". The Guardian. London. Retrieved 2 May 2010.
- Raaflaub, Kurt; Ober, Josiah; Wallace, Robert (2007). Origins of democracy in ancient Greece. "University of California Press. p. 65. "ISBN "0-520-24562-8.
- M. P. Charlesworth (March 1943). "Freedom of Speech in Republican Rome". The Classical Review. The Classical Association. 57 (1): 49. "doi:10.1017/s0009840x00311283.
- Williams, E. N. (1960). The Eighteenth-Century Constitution. 1688–1815. Cambridge University Press. pp. 26–29. "OCLC 1146699.
- Arthur W. Diamond Law Library at Columbia Law School (26 March 2008). "Declaration of the Rights of Man and of the Citizen". Hrcr.org. www.hrcr.org. Retrieved 25 June 2013.
- "United Nations (10 September 1948). "The Universal Declaration of Human Rights". UN.org. www.un.org. Retrieved 25 June 2013.
- Andrew Puddephatt, Freedom of Expression, The essentials of Human Rights, Hodder Arnold, 2005, p. 128
- Brett, Sebastian (1999). Limits to tolerance: freedom of expression and the public debate in Chile. Human Rights Watch. p. xxv. "ISBN "978-1-56432-192-3.
- Sanders, Karen (2003). Ethics & Journalism. Sage. p. 68. "ISBN "978-0-7619-6967-9.
- Marlin, Randal (2002). Propaganda and the Ethics of Persuasion. Broadview Press. pp. 226–27. "ISBN "978-1551113760.
- Marlin, Randal (2002). Propaganda and the Ethics of Persuasion. Broadview Press. p. 226. "ISBN "978-1551113760.
- Marlin, Randal (2002). Propaganda and the Ethics of Persuasion. Broadview Press. pp. 228–29. "ISBN "978-1551113760.
- "A Decade of Measuring the Quality of Governance" (PDF). World Bank. Archived from the original (PDF) on 8 April 2008.
- "Freedom of expression promotes democracy" http://www.dandc.eu/en/article/alexander-matschke-promoting-free-media-task-development-policy, by Alexander Matschke in E+C/E+Z January 2015
- Marlin, Randal (2002). Propaganda and the Ethics of Persuasion. Broadview Press. p. 229. "ISBN "978-1551113760.
- "A message from Chancellor Block on the importance of civil discourse." Newsroom. 16 May 2014. 19 May 2014.
- "Freedom of Speech". Stanford Encyclopedia of Philosophy. 17 April 2008. Retrieved 29 May 2011.
- Church members enter Canada, aiming to picket bus victim's funeral, CBC News, 8 August 2008.
- Harcourt. "Conclusion". The Collapse of the Harm Principle. Retrieved 7 September 2015.
- Doomen 2014, pp. 111, 112.
- Kenneth Einar Himma. "Philosophy of Law". Internet Encyclopedia of Philosophy. Retrieved 13 March 2014.
- Lechtholz-Zey, Jacqueline: Laws Banning Holocaust Denial. Genocide Prevention Now.. Retrieved September 29, 2010.
- "Tenemos Que Librar Con Ferocidad La Lucha Por La Libertad De Expresión", "Libertad Digital Internacional", 2010
- "Noam Chomsky interview", "The Telegraph", July 6, 2010
- Caglayan, Mustafa (19 January 2015). "Norman Finkelstein: Charlie Hebdo is sadism, not satire". www.aa.com.tr. Anadolu Agency. Retrieved 26 January 2015.
- "Culte Musulman et Islam de France". CFCM TV. 22 March 2007. Retrieved 21 December 2011.
- "Brandenburg v. Ohio, "395 "U.S. 444 (1969)
- Jasper 1999, p. 32.
- Brandenburg, at 447
- Brandenburg, at 450–01
- Lewis 2007, p. 124.
- "ABA Division for Public Education: Students: Debating the "Mighty Constitutional Opposites": Hate Speech Debate". www.americanbar.org. Retrieved 12 October 2016.
- Glanville, Jo (17 November 2008). "The big business of net censorship". The Guardian. London. Retrieved 26 March 2014.
- "Godwin, Mike (2003). "Cyber Rights: Defending Free Speech in the Digital Age. MIT Press. pp. 349–52. "ISBN "0-262-57168-4.
- Rowland, Diane (2005). Information Technology Law. Routledge-Cavendish. pp. 463–65. "ISBN "978-1859417560.
- Klang, Mathias; Murray, Andrew (2005). Human Rights in the Digital Age. Routledge. p. 1. "ISBN "978-1-904385-31-8.
- Guibault, Lucy; Hugenholtz, Bernt (2006). The future of the public domain: identifying the commons in information law. Kluwer Law International. p. 1. "ISBN "9789041124357.
- Protecting Free Expression Online with Freenet – Internet Computing, IEEE
- Pauli, Darren (14 January 2008). "Industry rejects Australian gov't sanitized Internet measure". "The Industry Standard.
- Martin, Robert; Adam, G. Stuart (1994). A Sourcebook of Canadian Media Law. McGill-Queen's Press. pp. 232–34. "ISBN "0886292387.
- Deibert, Robert; Palfrey, John G; Rohozinski, Rafal; Zittrain, Jonathan (2008). Access denied: the practice and policy of global Internet filtering. MIT Press.
- "Mission". Global Internet Freedom Consortium. Retrieved 29 July 2008.
- Internet Enemies, Reporters Without Borders, Paris, March 2011
- Watts, Jonathan (20 February 2006). "War of the words". London: "The Guardian.
- "II. How Censorship Works in China: A Brief Overview". "Human Rights Watch. Retrieved 30 August 2006.
- Chinese Laws and Regulations Regarding Internet
- "6. Henric van Cuyck, Bishop of Roermond (1546–1609). Panegyricae orationes septem. Louvain: Philippus Zangrius, 1596.". Ecclesiastical Censorship, "Heresy and Error": The Ecclesiastical Censorship of Books, 1400–1800. Bridwell Library. 17 December 2000. Retrieved 26 June 2011.
- de Sola Pool, Ithiel (1983). Technologies of freedom. Harvard University Press. p. 14. "ISBN "978-0-674-87233-2.
- MacQueen, Hector L; Waelde, Charlotte; Laurie, Graeme T (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. p. 34. "ISBN "978-0-19-926339-4.
- Castillo, Anastasia (2010). Banned Books: Censorship in Eighteenth-Century England. GRIN Verlag. p. 12. "ISBN "978-3-640-71688-3.
- "The index of expurgations". "Heresy and Error": The Ecclesiastical Censorship of Books, 1400–1800. Bridwell Library. 17 December 2000. Retrieved 26 June 2011.
- "52. Jacobus de Voragine (c. 1230–1298). Legenda aurea sanctorum. Madrid: Juan Garcia, 1688". The Index of Expurgations, "Heresy and Error": The Ecclesiastical Censorship of Books, 1400–1800. Bridwell Library. 17 December 2000. Retrieved 26 June 2011.
- Sanders, Karen (2003). Ethics & Journalism. Sage. p. 66. "ISBN "978-0-7619-6967-9.
- "13. John Milton (1608–1674). Areopagitica; A Speech of Mr. John Milton for the Liberty of Unlicenc'd Printing, to the Parlament of England. London: [s.n.], 1644". Early Censorship in England, "Heresy and Error": The Ecclesiastical Censorship of Books, 1400–1800. Bridwell Library. 17 December 2000. Retrieved 26 June 2011.
- de Sola Pool, Ithiel (1983). Technologies of freedom. Harvard University Press. p. 15. "ISBN "978-0-674-87233-2.
- Jonathan Israel (2002). Radical Enlightenment. Oxford University Press. pp. 265–67.
- Jonathan Israel (2006). Enlightenment Contested. Oxford University Press. pp. 155ff, 781ff.
- Jonathan Israel (2010). A Revolution of the Mind. Princeton University Press. p. 76.
- H. Arnold Barton (1986). Scandinavia in the Revolutionary Era – 1760–1815. University of Minnesota Press. pp. 90–91.
- Sanders, Karen (2003). Ethics & Journalism. Sage. p. 67. "ISBN "978-0-7619-6967-9.
- Warburton, Nigel (2009). Free Speech: A Very Short Introduction. Oxford. pp. 24–29. "ISBN "978-0-19-923235-2.
- Boller, Jr., Paul F.; George, John (1989). They Never Said It: A Book of Fake Quotes, Misquotes, and Misleading Attributions. New York: Oxford University Press. pp. 124–26. "ISBN "0-19-505541-1.
- Mark Achbar and Peter Wintonick (1992). "Manufacturing Consent: Noam Chomsky and the Media.
- Lee Bollinger (1988). The Tolerant Society. Oxford: Oxford University Press.
- Curtis, Michael Kent (2000). "Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History. "Duke University Press. "ISBN "0822325292.
- "Godwin, Mike (2003). "Cyber Rights: Defending Free Speech in the Digital Age. MIT Press. "ISBN "0262571684.
- "Grossman, Wendy M. (1997). "Net.wars. "New York University Press. "ISBN "0814731031.
- "Kors, Alan Charles (2008). "Freedom of Speech". In "Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: "SAGE; "Cato Institute. pp. 182–85. "doi:10.4135/9781412965811.n112. "ISBN "978-1-4129-6580-4. "LCCN 2008009151. "OCLC 750831024.
- "Lewis, Anthony (2007). "Freedom for the Thought That We Hate: A Biography of the First Amendment. "Basic Books. "ISBN "9780465039173. "OCLC 494134545.
- "McLeod, Kembrew (2007). "Freedom of Expression: Resistance and Repression in the Age of Intellectual Property. "Lawrence Lessig (foreword). University of Minnesota Press. "ISBN "0816650314.
- Nelson, Samuel P. (2005). "Beyond the First Amendment: The Politics of Free Speech and Pluralism. The Johns Hopkins University Press. "ISBN "0801881730.
- Doomen, Jasper (2014). Freedom and Equality in a Liberal Democratic State. Bruylant. "ISBN "9782802746232.
- "Timeline: a history of free speech", David Smith and Luc Torres, The Guardian, 5 February 2006.
- "Original Meaning of Freedom of Speech or of the Press" (U.S.A), P.A. Madison, The Federalist Blog, 18 October 2008.
- "Free Speech in the Age of YouTube", Somini Sengupta, New York Times, 22 September 2012.
- Article19.org, Global Campaign for Free Expression.
- Free Speech Debate, a research project of the Dahrendorf Programme for the Study of Freedom at St Antony's College in the University of Oxford.
- Index on Censorship, an international organisation that promotes and defends the right to freedom of expression.
- International Freedom of Expression Exchange, a global network of organisations defending and promoting freedom of expression as a fundamental human right.
- Media Freedom Navigator: Media Freedom Indices at a Glance, Deutsche Welle Akademie.
- Special Rapporteur for Freedom of Expression, Organization of American States.