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Группа авторов. The Handbook of Communication Rights, Law, and Ethics
Handbooks in Communication and Media
Handbook of Communication Rights, Law, and Ethics. Seeking Universality, Equality, Freedom and Dignity
Contents
List of Illustrations
Guide
Pages
Preface
Strategic Infrastructures
Strategic Narratives
Markets for Loyalties and this Volume
Notes
Introduction
1 Freedom as the Essential Basis for Communication Rights
The Existence of Freedom Prior to Rights and States
From Freedom of Expression to Communication Rights
Freedom of Expression Lies at the Foundation of Communication Rights
The Long and Difficult Road to Communication Rights
International Agreements on Human Rights: The International Covenant on Civil and Political Rights
Other Declarations to Consider
Conclusion: The UDHR as the Basis for Modern Communication Rights
References
Notes
2 Dignity, a Revolutionary Principle in a Cosmopolitan Society
The History of Dignity
Dignity in Kant
Dignity is What Gets in the Way
Egalitarian Dignity
Inviolable but Violated a Thousand Times
A Conclusion and a Proposal: Cosmopolitan Dignity
Egalitarianism Leads Straight to Cosmopolitanism
References
3 Communication Rights in an Internet-Based Society Why Is the Principle of Universality So Important?1
Threats to Communication Rights Arising from the Internet and Its Universal or Mass Nature
Who is the “Universal Subject” in the Information Society, and what Rights does this Subject Possess?
Related Universal Rights
Notes on the Technical Universality of Communication Rights: The Universality of Internet-Based Modes of Expression
Return to First Principles: Inalienable Content of the Rights to Seek, Receive, and Impart Information
The Right to Seek Information
The Right to Receive Information
The Right to Impart Information
Conclusions
References
Notes
4 Communication Rights in the United Nations System From Declarations to “Soft Law”
The First Steps: Article 19 of the Universal Declaration of Human Rights
Consolidation: Article 19 of the International Covenant on Civil and Political Rights and Its Interpretation by the Human Rights Committee
The Present and the Future: Soft Law and Challenges Faced by the United Nations in the Defense of Communication Rights
Conclusion
References
Notes
5 Universality vs. Standardization The Privatization of Communication Rights on Social Media
Communication Rights in a Borderless Internet
Embracing Difference in Universal Communication Rights
Global Community Standards Do Not Imply the Universalization of Communication Rights
The Embrace of Private Community Standards by Public Authorities
Embracing Injunctions with Global Effects as a Solution to Jurisdictional Challenges
Conclusions: The Consequences of Standardization and Privatization of Communication Rights on Social Media
References
Legislation Cited
Notes
6 United States and International Communication Rights Frameworks and the Pursuit of Global Consensus
Introduction
Universal Rights in a Fracturing World
United States Media Law and Policy
The Negative-Rights Construction
The Marketplace Metaphor
Speakers and Speech
Speech and Press Doctrine
Alignment of US and International Law (ECHR and ICCPR)
Hate Speech, Sedition, and Defamation
Newsgathering and Access
Platforms, Corporate Speakers, and the Public Sphere
Conclusion
References
Notes
7 Communication Rights and Their Messages News, Opinions, Ideas, and Advertising
The Subject of the Communication Rights: Universal, Professional, and Organized
The Three Subjects Linked in a Communication Relationship
Equality of Subjects and a Geographical Divide
The Object of Communication Rights: Messages
News as the Basis of Informational Communication
Informational Truth, Independence, and Objectivity3
Opinions and Ideas
Other Messages: Advertising, Public Relations, and Corporate Communication
Final Considerations and Complementary Observations About the Communication Rights in Article 19 of the UDHR
References
Notes
8 Subjects of Communication Rights A Special Study of Minors
Introduction to Some Preliminary Observations on Having Rights
Holders of Communication Rights
Holders of the Right to Receive Truthful Information
Holders of the Right to Seek Information
Children as Holders of the Right to Receive and Impart Information
The Age of the “Children” and Young People Who are the Object of Protection
Conclusions
References
Notes
9 News Objectivity and Truth
Objectivity Matters; Denial of It Kills
Professional Offerings of Objective Work
The Professional Effort that Journalism Requires
Overcoming Subjectivism
Crimes of Journalism when Truth has been Pushed Aside (or the Classic Mistakes that Journalists Make when Truth does not Matter)
Conclusions
References
Notes
10 Journalists, Confidentiality, and Sources
Recognition and Regulation of Protection of Journalists’ Sources. International Recognition and Regulation
International Recognition in Europe and Latin America
Recognition in National Regulations and in Different European Countries
The Concept of “Source,” the Content and Foundation of the Right, and the Duty to Maintain Secrecy and Silence. The Broad Concept of “Source” and the Scope of Protection
The Content of the Right to Maintain Secrecy and Silence: Right or Duty?
The Right’s Basis
Special Guarantees Against Searches and Investigation and the Technological Activism of Journalists and Their Sources
Technological Training and Measures and the Growth of Collaborative Activism
Journalists’ Requirements Regarding Diligence and Limits to the Right. Diligence and Public Interest Requirements and the Need to Disclose the Source to Demonstrate Diligence
This Right is only very Exceptionally Limited and has Judicial Guarantees
Journalists and Other Subjects Who Have the Right and Those Under an Obligation
The Protection of Sources and Whistleblowers when they Directly Disclose Information into the Public Domain
Conclusions
References
Notes
11 Addressing the Risks of Harms Caused by Disinformation European vs. US Approaches to Testing the Limits of Dignity and Freedom of Expression Online
Characteristics of Disinformation that Affect Dignity: Establishing Potential Risks of Harm to Information
The Role of Mass Media and Social Media: Propaganda, Publicity, and Polarization
The Challenges of Finding Proportionate Solutions
Co regulated Self-regulation: The EU Approach with the Code of Practice on Online Disinformation
COVID-19 Infodemic: The Litmus Test Toward Compliance Law for Dignity?
Conclusion
References
Notes
12 The Law and Ethics of Journalism in a Changing World New Professional Realities and Challenges for Communication Professionals
Introduction: A Profession Under Threat and Turning away from Quality
Technology, Audiences, and Attacks on Identity: What are Journalists?
Journalism, Law, and Ethics: An Inextricable Triad
The Need for Professional Empowerment
Conclusions and Proposals for the Immediate Future
References
13 Data Protection as a Limit to Communication Rights A General Vision of Data Protection in Europe
Data Protection and Communication Rights: The Practice of a Tense Relationship
The Scope of the Freedom of Expression or Information
The Scope of the Right to Data Protection. Charter of Fundamental Rights of the European Union
Under EU Secondary Law
Balancing the Rights in the Jurisprudence of the CJEU and the ECtHR
Promusicae
Österreichischer Rundfunk
Bodil Lindqvist
Satamedia (CJEU and ECtHR)
Google Spain
Buivids
Conclusion
References
Notes
14 Regulation of Internet Intermediaries and Communication Rights
Introduction. Who Are the Intermediaries?
Who Is the Speaker? Who Is Liable?
Intermediaries and the Enforcement of the Law
Intermediaries’ Regulation and Human Rights
Conclusions
References
Notes
15 Imperiling Community Memory The European Right to be Forgotten’s Tampering of Search Engine Results
The Public Stage, Online Personas, and Digital Governance
Internet Archives and the Link to Big Data
Across Geographic Borders
Impact on National Sovereignty: Geographic Censorship
Conclusion: Further Global Implications
References
16 The Crime of Historical Denialism as a Limit to the Freedom of Expression A European Glance
Introduction: The Crime of Historical Denialism and a “Humble” Balance Regarding Its Harmonization in Europe
The Boundaries of the Freedom of Expression: When is an Interference to Freedom Justified by Historical Denialism According to European Courts?
Conclusions
References
Notes
17 Hate Speech in the United States and Abroad Finding Common Ground
The US Experience
Hate Speech Regulation Outside the United States
Finding Common Ground
The Social Media Problem
Conclusion
References
Notes
18 Political Communication and Electoral Campaigns in Europe The Search for International Standards
Communication, Technology, Democracy, and Voting
Digital Transformation and Political Communication
Political Communications and Electoral Campaigns: Ethics and Law
Hybrid Threats, Hybrid Answers
Self-regulation
The Search for European Standards
Existing Regulations in Europe2
Conclusions: Measures to be Implemented
References
Council of Europe
European Union
Notes
19 One Servant Cannot Serve Two Masters A Struggle for Divided Loyalties of Media Regulation in Hong Kong
Introduction
Media Regulatory Philosophy for Nation-States with a Neoliberal Tradition
Hong Kong Communications Regulation with a Neoliberal Tradition from British Colonial Days
Emergence of a Neoliberal Communications Regulator with State Capitalism Ideology
Political Interests Preceding Public Interests
Conclusion: Communications Regulation Under State Capitalism
References
Notes
20 Latin American Thinking in Communication and Advances in Communication Rights
Introduction
Interconnections in the Communicational Thinking of Latin-American Authors
Influential and Critical Thinking of Communication in Latin America
An Approach on Human Rights and Communication in Latin America
Elements of Context of the Regional Struggle
Emblematic Cases in Mexico
Emblematic Cases of the Inter-American Court of Human Rights
Latin-American Authors of Communication and the Future
Conclusions
References
Notes
21 Media Disorder and the Future of Journalism International Developments and the Challenge of WikiLeaks
A Decades-Old Debate
Journalism Goes Full Circle
Assange, WikiLeaks, and Media Disorder
Interpreting Journalism in Law
Concluding Remarks
References
Notes
22 Public Communication and Sustainability in a Post-Truth Era1
Introduction
Communicating Sustainability in a Context of Post-Truth
Post-Truth and Political Correctness
Communication as a Source of Post-Truth
An Added Challenge: Communicating an Agenda of Intangible Value
The Intangible Value of the 2030 Agenda: A Review of the Facts
Advancing Sustainability Through Intangible Resources
Conclusion: A True 2030 Agenda Versus a Post-Truth 2030 Agenda
References
Notes
23 Freedom of Expression in Social Networks and Doxing
Introduction
Freedom of Expression Through Social Networks
Doxing
Types of Doxing
Political Doxing
Is It Time to Regulate Social Networks?
Conclusions
References
Notes
24 The Emerging Threat of Synthetic Media A Consideration of Journalists’ Responsibilities
Introduction
A Note on Terminology: Defining Synthetic Media
Case Study: Context and Controversy
Methods: Tracing Journalistic Practices Across DeepNude News Coverage
Findings: Journalistic Practices Underlying DeepNude Coverage. Harkening Synthetic Media to Other Technologies
Making Artificial Intelligence, including Generative Adversarial Networks, a Beat
Privileging the Victim’s Voice
Reimagining Dangerous Imagery Instead of Publishing it
Sharing Knowledge Between Scholars, Journalists, and Readers
Learning the Letter of the Law
Conclusion
References
Notes
25 Journalism Routines Depend on Clicks Best Practices for Using Metrics in Journalism
Clicks Set Journalism’s Agenda
The Page View Dictatorship
An Ethical Proposal: The Journalist’s Prudence in Decision Making
The Case of the Newspaper El Comercio: Producing Quality Content and Winning Clicks
Journalists’ Self-reinvention and Narrative Innovations: The Case of the #Notepases Campaign
Conclusions
References
Notes
26 Epilogue
Index
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