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2021 ◽  
Author(s):  
◽  
Nicholas Cross

<p>Globalisation and the availability of information through television and the internet have been a boon for the spread of ideas and for freedom of expression. These trends have also created challenges for the regulation of expression. Those with hateful views or harmful information have just as much access to modern communication tools as the rest of us. How policy makers respond to the free flow of information raises a multitude of questions.  However there is no doubt that the state still holds the upper hand in controlling the freedom of movement between borders. Despite the availability of information technology there is still a need for interpersonal communication to facilitate the freedom of expression. The freedom of movement is therefore important to enabling the freedom of expression, and states can restrict the later by restricting the former.  The aim of this paper is to comprehensively scrutinise the different approaches taken to regulating freedom of movement for the purpose of regulating freedom of expression. It looks with judicial reviews within common law jurisdictions and how the issue is managed within their existing human rights legal frameworks.  Firstly the paper will lay out a preferred approach to dealing with the regulation of freedom of expression in an immigration context, bearing in mind the rights which states have to control their borders and the justifications for doing so. The approach places strong emphasis on protecting the freedom of expression for all groups without seeking to challenge the existence or legitimacy of the ways states choose to regulate expression within their borders. It suggests that regulation should be limited to situations where it is likely that the visitor would choose to break the laws of the state they seek to visit, or where their visit could spark disruption involving violence which could not reasonably be controlled by law enforcement.  Secondly the paper will examine four cases from two common law jurisdictions in detail. There is an emphasis on understanding two themes. The first is explaining the broader context of human rights protection within those jurisdictions and how their approach to immigration control reflects or contradicts that protection. The second is upon critiquing and understanding the administrative law implications of the standards of review applied. Reference is made back to the preferred framework to help understand to what extent the cases stand for genuine protection of freedom of expression.</p>


2021 ◽  
Author(s):  
◽  
Nicholas Cross

<p>Globalisation and the availability of information through television and the internet have been a boon for the spread of ideas and for freedom of expression. These trends have also created challenges for the regulation of expression. Those with hateful views or harmful information have just as much access to modern communication tools as the rest of us. How policy makers respond to the free flow of information raises a multitude of questions.  However there is no doubt that the state still holds the upper hand in controlling the freedom of movement between borders. Despite the availability of information technology there is still a need for interpersonal communication to facilitate the freedom of expression. The freedom of movement is therefore important to enabling the freedom of expression, and states can restrict the later by restricting the former.  The aim of this paper is to comprehensively scrutinise the different approaches taken to regulating freedom of movement for the purpose of regulating freedom of expression. It looks with judicial reviews within common law jurisdictions and how the issue is managed within their existing human rights legal frameworks.  Firstly the paper will lay out a preferred approach to dealing with the regulation of freedom of expression in an immigration context, bearing in mind the rights which states have to control their borders and the justifications for doing so. The approach places strong emphasis on protecting the freedom of expression for all groups without seeking to challenge the existence or legitimacy of the ways states choose to regulate expression within their borders. It suggests that regulation should be limited to situations where it is likely that the visitor would choose to break the laws of the state they seek to visit, or where their visit could spark disruption involving violence which could not reasonably be controlled by law enforcement.  Secondly the paper will examine four cases from two common law jurisdictions in detail. There is an emphasis on understanding two themes. The first is explaining the broader context of human rights protection within those jurisdictions and how their approach to immigration control reflects or contradicts that protection. The second is upon critiquing and understanding the administrative law implications of the standards of review applied. Reference is made back to the preferred framework to help understand to what extent the cases stand for genuine protection of freedom of expression.</p>


2021 ◽  
Author(s):  
Daniel Lindvall

Climate change actions in democracies face perceived challenges such as short-term bias in decision-making, policy capture or inconsistency, weak accountability mechanisms and the permeability of the policy-making process to interests adverse to fighting climate change through the role of money in politics. Apart from its intrinsic value to citizens, democracy also brings critical advantages in formulating effective climate policy, such as representative parliaments which can hold governments to account, widespread civic participation, independent media and a free flow of information, the active engagement by civil society organizations in policymaking and the capacity for institutional learning in the face of complex issues with long-term and global social and political implications. International IDEA’s work on change and democracy aims to support democratic institutions to successfully confront the climate crisis by leveraging their advantages and overcoming the challenges to formulating effective and democratically owned climate policy agendas.


2021 ◽  
pp. 173-187
Author(s):  
Charles Weiss

Information warfare is part of the technology-based challenge by China and Russia to the post–World War II liberal order. Russia uses traditional and social media in a long-range, systematic, worldwide disinformation campaign to undermine Western democracies and alliances and the idea of objective truth. China seeks to dominate the technology, management, and policy of the future Internet through its competitive 5G technology, so as to surpass the United States politically and technologically. It exports the techno-authoritarian system of mass surveillance and artificial intelligence that it developed to control its Uyghur minority. Like a nuclear attack, a large-scale cyberattack could spiral out of control into a cyber-apocalypse in the absence of agreed guidelines. But to authoritarian governments, the free flow of information is also a form of cyberattack, complicating negotiations. It is critically important to develop internationally agreed norms for cyberwarfare, building on the Tallinn Manual and similar efforts. This will take time.


2021 ◽  
Author(s):  
Jie Huang

Insufficient WTO regulation of cross-border e-commerce confronts China and the US with three legal challenges: ambiguous classification of digital products, inadequate consumer and privacy protection, and weak protection of cross-border flow of information. China and the US have adopted converging approaches to address these challenges: inserting e-commerce chapters into their FTAs. However, the substance of these chapters is diverging. Firstly, US FTAs categorise digital products separately from goods and services and provide national treatment and most favoured nation treatment to products and their suppliers. China’s FTAs still offer no solutions to the classification of digital products and their treatment. Secondly, although China’s FTAs still provide weak protection for consumers and privacy, Chinese domestic law has converged towards US FTAs to provide better protection. Thirdly, US and China FTAs are significantly divergent in their regulation of the free flow of information. In the post-TPP era, a polycentric direction will emerge in the regulation of the free flow of information between China and the US.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 545
Author(s):  
Bambang Setyawan

The free flow of information and ideas is a core part of any thought on democracy and is essential for the successful respect of human rights. It has the potential to cause human rights violations to occur in secret, there is no way to reveal a corrupt and inefficient government, and many other things. Based on this background, this research is based on the formulation of the problem 1) Philosophical Basis of Public Bodies as Public Information Providing Institutions in the Era of Public Information Openness; 2) Existence of the Information Commission as Administrator and Law Enforcer in Public Information Disclosure; 3) Public Entity's Liability Against Disputes Public Information From the Aspects of Administrative Law, Civil Law and Criminal Law. This research is a legal research (legal research). The approach in this research is a statutory, conceptual, and case approach. The conclusions of this study include: Freedom of information is the spirit of democratization that offers freedom, but in this freedom the state can function itself effectively and efficiently without neglecting democratic principles. The effective enactment of the UU KIP in Indonesia starting April 30, 2010 opened a new era of public information disclosure in the country. The enactment of this law is part of the implementation of the spirit of transparency as the fulfillment of citizens' human rights to know public information (right to know) guaranteed by Article 28F of the 1945 Constitution of the Republic of Indonesia.


2021 ◽  
Vol 9 (08) ◽  
pp. 604-610
Author(s):  
Tanmay Munjal

Large scale censorship and control over the free flow of information on the internet that was already implemented on a large scale in many authoritarian countries in China in the past few decades has started to work its way through the more liberal and western countries including India, US etc. especially in the last decade raising concerns over privacy issues and the possibility of a dystopian future of tyrannical governments empowered by the use of digital surveillance technology to increase their power and make them essentially undefeatable on a level unforeseen in the history of humanity among many great thinkers in our era. In this paper, we wish to outline a method to not only combat but to completely eliminate both the possibility and current usage of all censorship and control over flow of information on the internet, hence heralding an era of free flow of information throughout the world and destroying practically all mind control that tyrannical governments can hold over their people, in essence ending the era of propaganda and tyranny from the face of this earth forever, using blockchain technology.


2021 ◽  
Vol 1 (1) ◽  
pp. 185-196
Author(s):  
Miftahul Ulum ◽  
Asmak Ab Rahman ◽  
Shinta Maharani ◽  
Agus Purnomo

Abstract: Religious learning in the pandemic era was carried out through social media, such as Facebook, Whatsapp, Twitter, and Instagram. YouTube is transformed into the premier medium of teaching. For students and the millennial generation, social media provides many conveniences. However, on the other hand, it becomes a problem in itself, especially for parents in presenting education that is full of values, during a struggle for the free flow of information and communication. The paper aims to analyze the transition of learning media in education, from conventional offline models to online via social media, and to prove the impact of using social media on students or the millennial generation. Qualitative methods are used to analyze data. The findings of this paper indicate that education during a pandemic, reading printed literature, is also carried out via the internet. Social media has a significant impact on students or the millennial generation, so efforts to strengthen values are needed. Social media brings together the main actors in education; parents, academics, government, social media, and regulation. Abstrak: Pembelajaran agama di era pendemi dilakukan melalui media sosial, seperti Facebook, Whatsapp, Twitter, dan Instagram. YouTube ditransformasikan menjadi media utama dalam pengajaran. Bagi siswa dan generasi milenial, media sosial menyediakan banyak kemudahan. Namun pada sisi lain, menjadi problem tersediri, terutama orang tua dalam menghadirkan pendidikan yang sarat dengan nilai, di tengah-tengah pertarungan arus informasi dan komunikasi yang bebas. Tujuan dari paper ini adalah: untuk menganalisis peralihan media pembelajaran dalampendidikan, dari model konvensional luring menuju daring online melalui media sosial, dan membuktikan dampak penggunaan media ssosial tersebut bagi siswa atau generasi milenial. Metode kualitatif digunakan guna menganalisis data. Temuan dari paper ini menunjukkan bahwa pendidikan pada masa pandemi, selain dengan cara menbaca literatur cetak, jugadilakukan melalui internet. Media sosial sangat berdampak terhadap siswa atau generasi milenial, sehingga diperlukan upaya penguatan nilai.Media sosial menyatukan aktor-aktor utama dalampendidikan, yaitu; orang tua, akademisi, pemerintah, media sosial, dan regulasi itu sendiri.


Politeja ◽  
2021 ◽  
Vol 17 (5 (68)) ◽  
pp. 159-171
Author(s):  
Marcin Tobiasz

Contemporary democracy requires rethinking on the normative level and certain changes in the institutional and cultural dimensions. To this end, we should start by revising our perception of the public sphere and the role that citizens have to play in it. First of all, it should be emphasized that the public sphere is composed of various citizens’ forums, which should be effectively included in the political decision-making process. New institutional solutions must ensure the free flow of information between citizens and take into account different, even minority points of view, because democracy, if it is not to be exclusive, cannot be limited only to formal representation and closed, top-defined forms of discourse. In fact, people are unequal in terms of their civic competences, both in terms of their individual characteristics, as well as their social position, and democracy should neutralize these inequalities. These problems cannot be solved on purely theoretical grounds. Indeed, the clash of different views and arguments in the political debate is a constitutive element of politics, and therefore they have to be negotiated in practice by actual citizens. The lack of such solutions and, consequently, the experiences enabling the development of civic competences, not only result in a crisis of democracy, but also lead to the negation of the very essence of politics.


2021 ◽  
Vol 9 (3) ◽  
pp. 28-34
Author(s):  
Mambula I Charles J. ◽  
Felix Francis ◽  
Clifford Tizhe Oaya Zirra

The study is to examine the relationship between involvements in decision making and organization productivity. Employee involvement decision making (EIDM) is the extent in which employers allow its employees to involve in organizational decision making. The study was designed to investigate Deposit Money Bank in Yola (Access Bank). The focus of the study was to find out how involvements in decision making were handled in the organization. The simple and purposive sampling techniques were used to obtain a sample of 50 respondents for study, the questionnaire consisting of 20 questions on the various employee involvements in decision making in an organization and the data collected were analysed using tables and percentages. Finding from the study indicated that employee involvement in decision making is an effective tool to enhance productivity. The research revealed that allowing all employees to involve in decision making is the best and help increases commitment of workers as well as promoting creativity and innovation in the organization. The paper recommended that employees should be involved in decision making of an organization because it makes the workers feel part as owner of the organization; the relationship between managers and employee should be encouraged to enhance consultation and free flow of information in an organization.


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