Search results - CEJSH

1

O wolność słowa i religii. Praktyka i teoria, red. ks. Franciszek Longchamps de Bérier, Krzysztof Szczucki

100%

Stanisz P.

Przegląd Sejmowy

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2018

|

issue 2(145)

160–167

EN

The reviewed book is the collective study titled For the freedom of speech and religion. Practice and theory (ed. pr. Franciszek Longchamps de Bérier, Krzysztof Szczucki, Warsaw 2016). It comprises several texts discussing problems related to the legal regulation and possibilities for realization of the freedom of speech and the freedom of religion, particularly their mutual relation. As regards the Polish law, the following issues are presented: an offense against religious feelings, the legal regulation of the ritual slaughter, the presence of religious symbols in public space, as well as the freedom to obey religious norms. As regards foreign regulations, the matters discussed include: the conditions for the realization of the freedom of religion in contemporary France as a secular state, the most recent case law of the Supreme Court of the United States in cases related to freedom of speech, as well as the case of violating freedom of speech of members of Pussy Riot group by Russian authorities. It shall be emphasised that various approaches and adopted research perspectives are presented. As expected by authors, the book shall contribute to promoting “libertarian decisions” and “libertarian attitudes”.

2

Ograniczanie czy obrona wolności słowa? Rozważania na temat koncepcji regulacji dotyczącej działalności mediów społecznościowych

80%

Milczarek E.

Przegląd Sejmowy

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2022

|

issue 3(170)

121–142

EN

Freedom of expression is an element of a democratic state of law. It enables obtaining information and opinions on the activities of state authorities as well as social organisations and private entities. So far, it has functioned in a civic-state relationship, protecting society against excessive censorship by those in power. Currently, it is also becoming a tool for protecting network users from corporations managing social media. In this context, two important issues need to be considered. Firstly, whether restricting freedom of speech by social media platforms or certain individuals (preventing publication of certain content) is consistent with the applicable law. Secondly, is a possible law regulating these issues a step towards protecting freedom of speech or a tool for its restriction? The aim of the article is therefore to answer the following research question: whether and in what form content shared on social media should be regulated. To this end, the author analyses whether social-media can now be considered a public place and what implications are associated with such an assessment. The impact of the new environment – the Internet – on freedom of speech was also analysed in the context of the necessity to establish a separate regulation protecting this value.

3

Zniesławienie na Facebooku

80%

Wełyczko S.

Themis Polska Nova

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2015

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issue 2(9)

192-215

EN

The article examines the mechanisms of defamation in the internet space, social media and Facebook in particular. Human dignity is protected both as a constitutional value and as an individual right, though in everyday practice law-enforcement bodies usually tend to be unwilling to react to violations of human dignity, while appropriate legal provisions are often not in place to be implemented. Actions taken by the police in investigating appropriate cases do not always manage to identify perpetrators or bring them to justice. Most internet or cyber crime occurs across international borders and can be committed anonymously. There are certain types of defamatory statements that are considered to harm the reputation of the victim. Libel in the internet involves cyberbullying, online harassment, cyber-stalking, and, most of all, internet trolls. Trolling is any deliberate and intentional attempt to disrupt the credibility of others, often involving petty arguments. People tend to lose control of their emotions when they go online. An explosion of raw and unbridled emotions follows, standards wane, and eventually some internet users lose their touch with reality. Cyber violence and online harassment are punishable crimes and are subject to criminal prosecution: defamation, libel and online threats. Stalking and vulgar language in public places are offences subject to public prosecution and the provisions of the Petty Offences Procedure Code. . Generally, a defamatory statement published to third parties has to be proved and it has to be proved that the publisher knew or should have known that the statement that they made which harmed the reputation was false. The good name or reputation of another can be damaged, or even totally destroyed, in a number of ways. To calumniate another is certainly to ruin a person’s or a company their good name and so to do them an injustice. The number of criminal offences under Article 212 has increased four times over the past ten years.

4

Gdy słowa stają się bronią: media w Rwandzie w latach 1990–2016

80%

Pomiankowska-Wronka A.

Acta Universitatis Lodziensis. Folia Litteraria Polonica

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2017

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vol. 41

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issue 3

199-212

EN

A free media is crucial for a functioning democracy, but if not truly free, paves the way for manipulation of views, thus cannot to bring democratic changes. Rwandan media played important role before and during the extermination and after this tragedy. Political elites used the Rwandan media like a weapon of words – they demonized Tutsi ethnic population group and aligned with the government spreads hate. Also after the slaughter opposite media were being brutally suppressed, journalists were killed and because of that some of newspapers stopped publication. This article presents the role of the Rwandan media over the period 1990–2016.

5

Wolność słowa — ujęcie prawnokarne

80%

Płatek M.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

451-464

EN

The text refers to relations between freedom of speech and criminal law. It examines the ratio behind limiting the freedom of expression when personal psychological harm might occur. The inspiration is drawn from Professor Tomasz Kaczmarek’s works on the axiology of criminal law. The ratio of criminal law and ratio of democratic legal state is tested within freedom of speech. Article 196 of criminal law, among the others, is critically reviewed as far as its rationale for being included in the criminal law vis-à-vis Article 212 of criminal law and constitutional provisions confirming freedom of speech as the human right.

6

Turkish Government Policy towards Independent Media after the Failed July 2016 Coup d’État

80%

Samborowska M., Dawidczyk A.

Securitologia

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2018

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issue 1 (27)

48-66

EN

The article presents the state of the Turkish media, as well as the actions taken by them before and after the failed attempt of the coup d’état in 2016. Pointing to the issue of freedom of speech in Turkey, the article highlights the numerous violations of the right to freedom of expression, which have repeatedly become part of the actions of central government authorities.

7

Obrażanie uczuć religijnych chrześcijan – kontekst niemiecki

80%

Maszkowski R.

Studia Pastoralne

|

2023

|

vol. 19

59-73

EN

In a pluralistic society that is secularizing and moving away from the foundations of Christianity, such as the society of Germany, there will be tensions and conflicts between the right to freedom of expression and the right to freedom of religion. For this reason, it is debatable whether and to what extent it is possible to restrict the former freedom in favor of respect for the latter. The legal arrangements in Germany regulate this issue quite explicitly and do not so much protect the religious feelings of believers as the preservation of social order. This criterion leads to different decisions in individual disputes. It can be noted that one of the important factors influencing the judgment of the institution of law is often the strength of the expression of one’s disapproval of offending religious feelings, which is less frequent, and certainly weaker, on the side of Christians. The depictions of their contents, symbols and holy figures that offend Christians have more often received insufficient attention from the media and the judiciary than has been the case with other religions. Perhaps this was due to the insufficient voice of outrage in contrast to the followers of Judaism and Islam, who unite in protest and speak with one voice.

8

Agenda-setting versus Freedom of Speech

80%

Wojtkowski Ł.

Polish Political Science Yearbook

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2010

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vol. 39

241-252

EN

The most important issue of this paper is contained mostly, though vaguely, in the title. What is agenda-setting and how it is related with freedom of speech domain? In further part I will try to present those, theoretically distant problems. I will also try to present how political and business organizations can affect on daily agenda, so in fact how thy can create access to free speech. There are some situations in mass media world, when those practices can be considered as internal or external censorship. In this paper I specific cases, all selected from American political and media systems. I think that US system is full of contradictions, from law confl icts (state vs federal law, First Amendment), owners of mass media competition (corporations, FCC) and finally state controlled media on the contrary to free speech (censorship).

9

What American people can tell – freedom of speech in United States

80%

Dziduszko-Rościszewska A.

Polish Political Science Yearbook

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2010

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vol. 39

253-272

EN

Freedom of possessing and expressing own ideas and opinions and their dissemination is one of the fundamental rights, that entitled to each person. In addition to this, the freedom enables searching and getting information. Thanks to it, the right to express your own identity, selfrealization and aspiring to truth are guaranteed. It is one of the basic premise and the necessary condition to realize the idea of democracy. In the United States, the cradle of civil rights and modern democracy, the freedom of expression is guaranteed in the First Amendment to American Constitution (Bill of Rights), enacted in 1789 (came into force in 1791). On its virtue, “Congress shall make no law respecting an establishment of (…) the freedom of speech, or of the press (…).” Although the record suggested that this freedom is absolute, (not restricted of any legislation), the later jurisdiction of the US Supreme Court (by case law) isolated categories of utterances that have not been contained by the First Amendment. ! e essential issues are answers on the following questions: in the name of what values Congress can limit the First Amendment? And where is the border of freedom of speech? One of the expressions that are not protected by the law is fi ghting words and hate words. The second are libel and slanders that are understood as a infringement of somebody’s rights.

10

Preferencje polityczne a wolność słowa

80%

Wichura J.

Political Preferences

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2012

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issue 3

77-89

EN

In Poland, the way to make the constitutional basis of freedom of speech and freedom of the media opened up with breakthrough systemic taking place in 1989. Today it is sanctioned under the Constitution of 1997 (article 14 expresses the freedom of media and article 54 regulates freedom of expression) and a matter of law on the National Council of Radio and Television. The need for free media market, free flow of information and opinions and the need to protect it with a functioning system of judicial instruments – domestic and international – is now the standard functioning of democratic states. If what is more free speech – mainly implemented by means of mass communication is a real value and perform proper function in society – the mass media must be able to operate without restrictions or influence by external actors. Only then they will be able to inform the public about the socio-political events in the most objective way. Everyone has the right to express their thoughts, whether in private life, whether in public life. In addition, each sentence of the people must be respected, even if someone disagrees with him. This rule is reflected not only in Polish law (both in terms of the Constitution and ordinary laws) but also in the program documents, demands and actions of all major Polish political scene at the party. On the basis of the current legal regulations, political parties have the ability to access public radio and television, which have an impact on the implementation of the constitutional right of freedom of expression in practice. For this example, an object of study focused on two levels of analysis, in relation to the p arliamentary elections of 2011 and in the context of political ideology. The analysis of empirical data on two key issues: the use of freedom of speech by the media in Poland and protection of the constitutional right of free speech by the Polish political parties.

11

Kondycja zawodu dziennikarza w Rosji

80%

Krzywdzińska A.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2013

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issue 3(25)

519-533

EN

Being a journalist in Russia during the USRR meant highly reputable but as well partly dependency work. After the collapse of the Soviet Union the situation on media market has changed especially situation on freedom of speech. But in 1993 the process of glasnost ended and the media went back to serve the interests of their owners. On the other hand it was a good time for valuable television programs and in‑depth press analyses. With the beginning of Putin’s presidency everything has changed on Russian media market. The 2000’s have seen a resurgence of the Soviet media system. Current Russian journalism is weak, we can observe a very negative tendencies like increasing state control over media, buying up nearly all independent media and increasing self‑censorship. An analytical function of media as well as critical view has moved to marginal position. Violence against journalists takes various forms including threats, physical assaults and murders. Russian media is not politically free and young generation of journalists does not want to criticize the political authority. No wonder that Committee to Protect Journalists called Russia was one of the deadliest countries in the world for journalists.

12

Wolność słowa contra zakaz prowadzenia sporów światopoglądowych

80%

Jadacki J.

Analiza i Egzystencja. Czasopismo Filozoficzne

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2017

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vol. 40

111-125

PL

brak

13

Network Neutrality: Potential impact on free speech and the right to information

71%

Wyszyński J.

Środkowoeuropejskie Studia Polityczne

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2017

|

issue 4

119-130

PL

Debata nad kształtem Internetu, która toczy się w Stanach Zjednoczonych i w Europie, skupia się głównie na aspektach technologicznych i ekonomicznych. Celem niniejszego artykułu jest wprowadzenie do dyskusji na temat wpływu neutralności sieciowej na wolność słowa i prawo do informacji na gruncie nauk politycznych. Autor próbuje zidentyfikować potencjalne zagrożenia na z perspektywy ekonomicznej, technologicznej, a także politycznej. Wdrożenie przepisów narzucających neutralność sieciową będzie niewątpliwie korzystne dla podstawowych praw człowieka. Jednak nawet ważniejszą kwestią jest pytanie o stan Internetu, w przypadku gdyby tych przepisów zabrakło.

EN

The ongoing debate in the EU and the US over the shape of the Internet focuses mainly on the technological and economical aspects of the issue. This paper is meant to be an introduction to the debate on the impact of the network neutrality on free speech and the right to information in the field of political science. The author tries to identify potential threats from the economic, technological and political perspective, as they are strongly interconnected. Fundamental human rights can benefit from enforcing network neutrality regulations; however, a much more important issue is related to the question of what would happen to the freedom of speech and the right of information if the regulations were gone.

14

Freedom of Speech in the Face of Terrorism – Selected International Law Regulations

71%

Kowalska S.

Adam Mickiewicz University Law Review

|

2018

|

vol. 8

EN

The essay presents freedom of speech from the perspective of international law regula-tions. The phenomenon of terrorism is one of the most asymmetrical, amorphous and hybrid threats to international security and human rights. The author discusses freedom of speech in the context of anti-terrorism measures. Freedom of speech is a legal and axiological framework of democratic society. The media constitute an important source of information about social pathologies and threats. Terrorists use the media to depreci-ate the law and the state, and to generate chronic fear in society. The essay stresses the fact that a rational and informed approach to human rights should serve as a reference point for anti-terrorism. However, one cannot limit individual freedom in an arbitrary way. Public discourse helps reach an objective perception. This prevents the creation of a multiplied image, pseudo-reality and “double standards” for freedom of speech.

15

Freedom of Speech in Europe and in the United States of America. A Few Remarks on the History of the Idea and its New Challenges

70%

Wacławczyk W.

Polish Political Science Yearbook

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2006

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vol. 35

7-15

EN

One can hardly overestimate the meaning of freedom of speech in the European tradition. It dates back to the times of the ancient Greece, although it was only John Milton who wrote the first tract devoted to the subject in question. In his Areopagitica (1644), Milton skillfully defended the principle of a free flow of ideas by stressing out that an open and undisturbed clash of various information and opinions is a condition of discovering truth in life. The best-known and most frequently quoted fragment of Areopagitica reads: “And though all the winds of doctrine were let loose to play upon the earth, so Truth be in the ! eld, we do injuriously, by licencing and prohibiting to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the wors, in a free and open encounter. Her confuting is the best and surest suppressing”.

16

ODPOWIEDZIALNOŚĆ KARNA ZA PRZEKROCZENIE GRANIC WOLNOŚCI WYPOWIEDZI

70%

Mrozek J. J.

Civitas et Lex

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2017

|

issue 1(13)

7-20

EN

The article is an attempt to analyze criminal liability for exceeding the limits of freedom of expression, for example, the crime of defamation (slander) of insult and defamation of religions. Analysis of individual crimes include: signs indicating the type of criminal act (the object of protection, signs pages of this criminal act, signs of subjective side), the threat of punishment and penal measures and the mode of prosecution.

17

Freedom of Speech in Modern Political Culture

70%

Miklaszewska J.

Avant

|

2019

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vol. 10

|

issue 1

77-88

EN

In the philosophy of liberalism, freedom of speech is one of the fundamental rights of the individual, one that is guaranteed by the constitution of a liberal democratic state. Contemporary Western democracies are based on the political culture in which human rights, including the right to free speech, play an important role. This right, however, can be violated by demagogic propaganda both in totalitarian regimes and in democracies. The propaganda mechanism, reaching into the sphere of community values and concepts, presently operates also through the Internet, in which expressions of anger and hatred are disseminated and can lead to the destruction of democracy. I will argue that, in today’s world, restrictions on the freedom of speech through legal norms are necessary, because the threat comes not only in the form of censorship, but also the manipulation techniques used by politicians in democratic regimes. Advances in modern technology can be of service to dictatorship when the media and the Internet are used for propaganda or surveillance purposes, but they also provide a support to freedom and democracy when they serve as the means of the transmission of reliable information, initiating public discussions. As such, they establish a framework for rational debates and peaceful activities that contribute to the maintenance of the democratic political culture. The basic elements of this culture, i.e. legal rules, pluralist media, and education systems are all necessary for the defence of its core value, namely the freedom of speech.

18

Prawne i etyczne ograniczenia wolności słowa

70%

Mrozek J.

Studia Ełckie

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2012

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vol. 14

361-372

EN

The article attempts to analyse the legal and ethical limitations of the freedom of speech. (1) The author concentrates on origins of the institution of censorship (ancient Rome, medieval Poland). He points out that in the Kingdom of Poland one could find rescripts, edicts and royal proclamation, which prohibited to import, sell, or read heretical books, under the threats of the confiscation of property, banishment, and even the death penalty. Then the author discusses the issue of censorship in the People’s Republic of Poland (the Law of 31 August 1981). The first part is concluded with the phenomenon of neo-censorship which is a form of self-censorship inside an editorial office toward editorial press materials. (2) The author discusses limitations of the freedom of speech by deontological norms, which are embraced by the IFJ Declaration of Principles on the Conduct of Journalists (FIJ) of 1954, the AJRP Code of Ethics of 1991, EC Resolution 1003 (1993), Media Ethics Charter of 1995, the rules of journalism ethics in Polish Television of 1996, the Journalism Code of Conduct of Polish Media Conference of 2002, the Code of Conduct in the Polish Radio of 2004, the Code of Good Practice for Press Publishers of 2005, and the AJRP Code of Ethics of 2011. (3) At the end the author discusses the ethical code for Internet users (netiquette).

19

Kilka uwag o teorii interpretacji konstytucyjnej Ronalda Dworkina na przykładzie klauzuli wolności słowa

70%

Machaj Ł.

Przegląd Sejmowy

|

2021

|

issue 5(166)

77-98

EN

The article analyses the concept of constitutional interpretation of Ronald Dworkin, one of the most eminent representatives of contemporary liberal legal thought. Its basic assumption is the conviction that fundamental laws contain abstract concepts which are the domain of political philosophy (e.g. ‘freedom’, ‘property’, ‘due process’), and that those who interpret them – judges in particular – must refer to axiological, ontological or epistemological findings in an attempt to find the best possible interpretation of such terms. Dworkin rejects the originalist paradigm of interpretation, which assumes a static content of the provisions of the Basic Law. The interpreter is obliged to search for the proper meaning of the constitution, regardless of both the intentions of its drafters and its original public meaning. The article also shows Dworkin’s application of this theory to the First Amendment to the United States Constitution in the area of freedom of speech.

20

Freedom of Speech? Israeli Supreme Court Ruling 606/93 - Kidum Initiative Inc. versus the Israel Broadcasting Authority. A Rhetorical Language Analysis

70%

Kayam O., Galily Y.

Psychology of Language and Communication

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2012

|

vol. 16

|

issue 1

67-78

EN

The article examines nine different rhetorical devices employed by two Israeli Supreme Court justices in their writing of the majority and minority opinions (Justices Dorner and Cheshin respectively) in the case of Kidum Initiative Inc. versus The Israel Broadcasting Authority which addressed the issue of freedom of speech versus good taste. Theoretical background and examples from the verdict are presented and discussed.

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