[governance] Freedom of Expression #FoX #FoE #Vietnamese Bloggers Arrested

Mon Sep 24 17:44:57 EDT 2012

Dear All,

The recent convictions of three Vietnamese bloggers who appear to have done
nothing more than exercise their right to freedom of expression. Nguyen Van
Hai (aka Dieu Cay) was sentenced to twelve years, Ta Phong Tan received ten
years, and Phan Thanh Hai, four years. All face house arrest following
completion of their sentences.

This highlights the need to generate discussion, dialogue on the exceptions
and abuse of exceptions of Article 19 of the ICCPR.

Sala

On Sat, Sep 15, 2012 at 8:20 PM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> Dear Rony,
>
> One of the things that don't get discussed in my view often enough as far
> as Article 19 of the ICCPR is concerned is the exception and the abuse of
> the exceptions. This is because from observation, we are witnessing both
> extremes of the spectrum. These are what I perceive to be extremes:-
>
>    - Absolute Freedom of Expression where there is a perception that this
>    is an unfettered right;
>    - Abuse of the Exceptions in Article 19 where this goes against the
>    preamble of the ICCPR or the spirit in which these provisions were crafted.
>
> The events that occurred in Libya resulting from a person's freedom of
> expression led to the causing turbulence which resulted in a "viral spill
> over"   (Aldo Matteuci) that not only threatened law and order but lives
> were taken.
>
> In Aldo's piece, he points to the French Declaration of the Rights of Man
> and of the Citizen 1789, see:
>
> "Article 10—No-one should be harassed for his opinions, even religious
> views, provided that the expression of such opinions does not cause a
> breach of the peace as established by law.
>
> Article 11—The free communication of thought and opinions is one of the
> most precious rights of man. Any citizen can therefore speak, write and
> publish freely; however, they are answerable for abuse of this freedom as
> determined by law."
>
> Source:
> http://www.diplomacy.edu/blog/168-%E2%80%93-i%E2%80%99m-deeply-saddened-today
>
>
> In my view, Article 19 of the ICCPR was not designed to be interpreted
> according to the two extremes, they were meant to be read in the spirit of
> the preamble. The reality is that the two extremes have the potential to
> bring about much harm to the ordinary person on the street. In the first
> extreme, we see with the case the effect that one "video" could incite such
> vehemence and hatred leading to the loss of innocent lives.
>
> The fact that the crafters of the French Declaration of the Rights of Man
> or the ICCPR could foresee challenges of both extremes meant that they had
> witnessed and made observations.History has been a great teacher but not
> so great if we continue to repeat our errors.
>
> Of course all this is based on the assumption that we all want "peace".
>
>
>
> On Sat, Sep 15, 2012 at 12:10 AM, Koven Ronald <kovenronald at aol.com>wrote:
>
>> 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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>>
>
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
> P.O. Box 17862
> Suva
> Fiji
>
> Twitter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Fiji Cell: +679 998 2851
>
>
>
>
>

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

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