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The Internet has created a formidable challenge for human rights
law and practice worldwide. International scholarly and
policy-oriented communities have so far established a consensus
regarding only one main aspect - human rights in the internet are
the same as offline. There are emerging and ongoing debates
regarding not only the standards and methods to be used for
achieving the "sameness" of rights online, but also whether
"classical" human rights as we know them are contested by the
online environment. The internet itself, in view of its
cross-border nature and its ability to affect various areas of law,
requires adopting an internationally oriented approach and a
perspective strongly focused on social sciences. In particular, the
rise of the internet, enhanced also by the influence of new
technologies such as algorithms and intelligent artificial systems,
has influenced individuals' civil, political and social rights not
only in the digital world, but also in the atomic realm. As the
coming of the internet calls into question well-established legal
categories, a broader perspective than the domestic one is
necessary to investigate this phenomenon. This book explores the
main fundamental issues and practical dimensions related to the
safeguarding of human rights in the internet, which are at the
focus of current academic debates. It provides a comprehensive
analysis with a forward-looking perspective of bringing order into
the somewhat chaotic online dimension of human rights. It addresses
the matter of private digital censorship, the apparent inefficiency
of existing judicial systems to react to human rights violations
online, the uncertainty of liability for online human rights
violations, whether the concern with personal data protection
overshadows multiple other human rights issues online and will be
of value to those interested in human rights law and legal
regulation of the internet.
In an era that seeks to challenge the notion of the universality of
human rights, this thought-provoking book explores their
fundamental nature and considers the work and influence of German
legal scholar and constitutional lawyer Robert Alexy, on
contemporary jurisprudence and European Union law. What is the
justification of balancing versus trading off fundamental rights
against other rights and collective goods? Are there utilitarian
considerations that can limit the normative force of human rights?
Utilising both ''ideal'' and ''critical'' perspectives, this
innovative book focuses on those inevitable questions which lie at
the heart of any contemporary human rights discourse, as the
premise of the dual nature of law is developed. A corresponding
'normative' perspective seeks to investigate the broader legal
domains of the topic. This analytical book will be a key resource
for students and scholars working in the fields of jurisprudence
and legal theory, history and philosophy of law and comparative and
EU law alike.
The Internet has created a formidable challenge for human rights
law and practice worldwide. International scholarly and
policy-oriented communities have so far established a consensus
regarding only one main aspect - human rights in the internet are
the same as offline. There are emerging and ongoing debates
regarding not only the standards and methods to be used for
achieving the "sameness" of rights online, but also whether
"classical" human rights as we know them are contested by the
online environment. The internet itself, in view of its
cross-border nature and its ability to affect various areas of law,
requires adopting an internationally oriented approach and a
perspective strongly focused on social sciences. In particular, the
rise of the internet, enhanced also by the influence of new
technologies such as algorithms and intelligent artificial systems,
has influenced individuals' civil, political and social rights not
only in the digital world, but also in the atomic realm. As the
coming of the internet calls into question well-established legal
categories, a broader perspective than the domestic one is
necessary to investigate this phenomenon. This book explores the
main fundamental issues and practical dimensions related to the
safeguarding of human rights in the internet, which are at the
focus of current academic debates. It provides a comprehensive
analysis with a forward-looking perspective of bringing order into
the somewhat chaotic online dimension of human rights. It addresses
the matter of private digital censorship, the apparent inefficiency
of existing judicial systems to react to human rights violations
online, the uncertainty of liability for online human rights
violations, whether the concern with personal data protection
overshadows multiple other human rights issues online and will be
of value to those interested in human rights law and legal
regulation of the internet.
The Nordic countries are well known globally for their high human
rights standards and, at the same time, high degree of internet
freedom. This edited collection reveals how the Nordic countries
have succeeded in the task of protecting freedom of expression in
the new media. It contains an overview of public policy choices and
best practices of domestic online companies, which have the
aspiration of finding global acceptance. Reviewing the topic of
freedom of expression in new media within Nordic and Baltic
countries, this book incorporates both general themes and
interesting country-specific themes that will provide wider
knowledge on the development of freedom of expression and media law
in the online media era. A comprehensive analysis of regulation of
online media, both at the level of legislation and application of
law in courts and other authorities, are included. This book will
contribute to the ongoing discussion as to whether there is a need
to modify prevailing interpretation of freedom of expression. Human
Rights Law and Regulating Freedom of Expression in New Media
focuses on the multi-layered and complicated relationship between
internet and human rights law. It contributes to the ongoing
discussion regarding the protection of freedom of expression on the
internet in the context of various doctrines of constitutional law,
including the proliferation of constitutional adjudication. It will
be of interest to researchers, academics, policymakers, and
students in the fields of human rights law, internet law, political
science, sociology, cultural studies, media and communications
studies and technology.
The Nordic countries are well known globally for their high human
rights standards and, at the same time, high degree of internet
freedom. This edited collection reveals how the Nordic countries
have succeeded in the task of protecting freedom of expression in
the new media. It contains an overview of public policy choices and
best practices of domestic online companies, which have the
aspiration of finding global acceptance. Reviewing the topic of
freedom of expression in new media within Nordic and Baltic
countries, this book incorporates both general themes and
interesting country-specific themes that will provide wider
knowledge on the development of freedom of expression and media law
in the online media era. A comprehensive analysis of regulation of
online media, both at the level of legislation and application of
law in courts and other authorities, are included. This book will
contribute to the ongoing discussion as to whether there is a need
to modify prevailing interpretation of freedom of expression. Human
Rights Law and Regulating Freedom of Expression in New Media
focuses on the multi-layered and complicated relationship between
internet and human rights law. It contributes to the ongoing
discussion regarding the protection of freedom of expression on the
internet in the context of various doctrines of constitutional law,
including the proliferation of constitutional adjudication. It will
be of interest to researchers, academics, policymakers, and
students in the fields of human rights law, internet law, political
science, sociology, cultural studies, media and communications
studies and technology.
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