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FREEDOM OF EXPRESSION Salanieta Tamanikaiwaimaro (Sala T) - FIJI Controversy Conflict Who determines the balance??? Ethics

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Navigating through the Maze!!! Filtering Objectionable Content Censorship Balance Religious content Hate Speech Lawful content

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Objectionable Content Child Pornography Hate Speech Defamation Direct & Public Incitement to commit genocide Advocacy of National/Racial/Religious Hatred Incitement to discrimination, hostility and violence

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IRAN Source: http://www.amnesty.org.au/news/comments/27997/?utm_medium=twitter& utm_source=wallpost&utm_campaign=crisis accessed on 28 th February 2012 http://www.amnesty.org.au/news/comments/27997/?utm_medium=twitter& utm_source=wallpost&utm_campaign=crisis

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TUNISIA This month, three newsmen from Tunisian printed newspaper Attounisia were arrested for publishing a controversial picture of Tunisian and Real Madrid soccer player Sami Kedira and model Lena Gercke's naked photograph. Source: http://globalvoicesonline.org/2012/02/2 0/tunisia-a-year-after-the-revolution- limitations-on-freedom-of-expression- continuehttp://globalvoicesonline.org/2012/02/2 0/tunisia-a-year-after-the-revolution- limitations-on-freedom-of-expression- continue Accessed on 28 th February, 2012

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PAKISTAN Source: http://ictrdf.org.pk/ and http://content.bytesforall.pk/node/39http://ictrdf.org.pk/http://content.bytesforall.pk/node/39

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INDIA Source: http://www.ndtv.com/article/india/can-block-websites-like-china-delhi- high-court-warns-facebook-google-166383 accessed on 28th February 2012http://www.ndtv.com/article/india/can-block-websites-like-china-delhi- high-court-warns-facebook-google-166383

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Special Rapporteurs Report As with offline content, when a restriction is imposed as an exceptional measure on online content, it must pass a three-part, cumulative test:

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La Rues Test "As with offline content, when a restriction is imposed as an exceptional measure on online content, it must pass a three-part, cumulative test: (1) it must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); (2) it must pursue one of the purposes set out in article 19, paragraph 3, of the International Covenant on Civil and Political Rights, namely: (i) to protect the rights or reputations of others; (ii) to protect national security or public order, or public health or morals (principle of legitimacy); and (3) it must be proven as necessary and the least restrictive means required to achieve the purported aim (principles of necessity and proportionality). In addition, any legislation restricting the right to freedom of expression must be applied by a body which is independent of any political, commercial, or other unwarranted influences in a manner that is neither arbitrary nor discriminatory. There should also be adequate safeguards against abuse,including the possibility of challenge and remedy against its abusive application." Source: http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.p df http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.p df

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Article 19 of the ICCPR 1.Everyone shall have the right to hold opinions without interference. 2.Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3.The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

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Hu Jia on Freedom of Expression #China#China #HumanRights activist Hu Jia: - Freedom of expression is the starting point of the rights of all citizens is the key to open the democratization of China. Protect your freedom of speech is my civic responsibility, safeguarding freedom of expression in society, it is my civic mission. @hu_jia#HumanRights@hu_jia Source: http://www.twitlonger.com/show/g1erh0 accessed on 28th February, 2012http://www.twitlonger.com/show/g1erh0

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Freedom Justice Peace EQUAL AND INALIENABLE RIGHTS OF ALL MEMBERS OF THE HUMAN FAMILY

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Who determines the Balance? European Court of Justice EU law precludes the imposition of an injunction by a national court which requires an Internet Service Provider (ISP) to install a filtering system with a view to preventing the illegal downloading of files, see the Press Release: http://curia.europa.eu/jcms/upload/docs/app lication/pdf/2011-11/cp110126en.pdf The actual Judgment that was just released on the 24th November, 2011 is available here: http://curia.europa.eu/jurisp/cgi- bin/form.pl?lang=EN&Submit=Submit&numaff=C- 70/10http://curia.europa.eu/jcms/upload/docs/app lication/pdf/2011-11/cp110126en.pdfhttp://curia.europa.eu/jurisp/cgi- bin/form.pl?lang=EN&Submit=Submit&numaff=C- 70/10

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Prioritisation of Rights Intellectual Property Rights Freedom to receive and impart information Right of ISPs to conduct business freely Rights of consumers to Privacy

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Trends US protection of private ownership rights against privacy (US) Europe (ECJ) protection of private rights to be "left alone" (Europe) India/China/Pakistan/Iran/Fiji Public Order.

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Who determines the Balance?

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THE END