[governance] Freedom of Expression #FoX #FoE #Yemen #Libya

[Koven Ronald]

Dear Sala --


I was very bothered by this statement of yours justifying restrictions on freedom of expression. Of course, we all know that freedom of speech can't be absolute. But proclaiming that evident home truth in difficult contexts like the present crisis can only lend comfort to the restrictionists of freedom of expression.


There is a generally accepted Anglo-Saxon legal dictum: "Hard cases make bad law." We seem to be confronted with just such a "hard case." Here is a NYTimes article today on the dilemma of major I'net service providers over stopping access to the offensive anti-Mohammed film: http://www.nytimes.com/2012/09/14/technology/google-blocks-inflammatory-video-in-egypt-and-libya.html?nl=todaysheadlines&emc=edit_th_20120914


The article reflects the understandably ambivalent responses of free speech advocates to this crisis. The issue should be approached in a more nuanced way than merely noting that freedom of expression isn't absolute.


It seems to me that a more helpful approach, for example, is to note that incitement to violence with the likelihood that the violence will ensue is not legal anywhere, including under the anti-restrictionist US First Amendment. One could argue that the film in question is just such an incitement -- and that its producers likely knew that to be the case. That would put a rather different light on restricting access to the film than simply making a blanket statement to the effect that freedom of expression is not absolute.


Best regards, Rony Koven, World Press Freedom Committee


-----Original Message-----
From: Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
To: governance <governance at lists.igcaucus.org>
Sent: Thu, Sep 13, 2012 10:17 pm
Subject: [governance] Freedom of Expression #FoX #FoE #Yemen #Libya


Dear All,


International law is clear about Freedom of Expression not being an unfettered right as espoused within these laws themselves and has been discussed at great length on the list numerous times over. I was also saddened that the irresponsible production of "content" was used to enflame tension and accelerate unrest and cause a massive revolt amongst those that were deeply offended by it.


There is a piece written by Aldo, see: http://www.diplomacy.edu/blog/168-%E2%80%93-i%E2%80%99m-deeply-saddened-today 


Kind Regards,



-- 

Salanieta Tamanikaiwaimaro aka Sala
P.O. Box 17862
Suva
Fiji


Twitter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Fiji Cell: +679 998 2851


 




 
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