Protecting the right to freedom of expression under the European Convention on Human Rights


Book Description

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.




Stifling Dissent


Book Description

"India's constitution protects the right to peaceful expression and its courts have issued numerous decisions that are protective of the right. However governments at both the national and state level persist in using harsh laws, many of them relics of the colonial era, to criminalize peaceful expression and arrest critics. While some prosecutions, in the end, have been dismissed or abandoned, many people who have engaged in nothing more than peaceful criticism have been arrested, held in pre-trial detention, and forced to defend themselves in costly criminal proceedings. Fear of such actions has led others to engage in self-censorship. In 2016 there has been a spike in the number of sedition cases filed nationwide. Human Rights Watch calls on the Indian government to drop all pending charges and investigations against those who are facing prosecution for the exercise of their right to freedom of expression, halt the abuse of the legal process and detain critics, and amend or repeal relevant laws to bring them into line with international human rights standards"--Page [4] of cover.




India in the 21st Century


Book Description

A focused and accessible introduction to modern India by award-winning author Mira Kamdar, India in the 21st Century addresses the history, political and social structures, economic and financial system, and geopolitical landscape of a country set to play a critical role in how the world evolves in the coming decades.




The Free Speech Debate


Book Description

Freedom of expression and tolerance are considered core features of our democracy. Free speech was at the centre of a recent controversial debate in federal politics regarding changes to section 18C of the Racial Discrimination Act to remove the words "offend, insult, humiliate" from section 18C, and replace them with the word "harass". The rewording proposed by a number of conservative politicians was voted down by the Senate, but the government emerged with changes to the complaint-handling process by the Australian Human Rights Commission, making it easier to dismiss vexatious complaints and require greater transparency toward defendants. How is free speech justified in Australia, and what laws are in place to protect people from defamation and discrimination such as racial vilification? Which speech deserves special protections; should some speech acts be punished? When does the right to freedom of expression become a right to offend? Is free speech at risk in Australia, or is the balance right'.




Offend, Shock, or Disturb


Book Description

Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.




Free Speech and Censorship Around the Globe


Book Description

This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.




The Hindus


Book Description

An engrossing and definitive narrative account of history and myth that offers a new way of understanding one of the world's oldest major religions, The Hindus elucidates the relationship between recorded history and imaginary worlds. The Hindus brings a fascinating multiplicity of actors and stories to the stage to show how brilliant and creative thinkers have kept Hinduism alive in ways that other scholars have not fully explored. In this unique and authoritative account, debates about Hindu traditions become platforms to consider history as a whole.




The Oxford Handbook of the Indian Constitution


Book Description

The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.




The Oxford Handbook of Freedom of Speech


Book Description

The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.




Republic of Rhetoric


Book Description

Exploring the legal and political history of India, from the British period to the present, Republic of Rhetoric examines the right to free speech and it argues that the enactment of the Constitution in 1950 did not make a significant difference to the freedom of expression in India. Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been substantially advanced before by any of the leading thinkers on the right of free speech in India.