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

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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

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).

3

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.

4

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.

5

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.

6

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.

7

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.

8

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.

9

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

10

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.

11

Obrażanie uczuć religijnych chrześcijan – kontekst niemiecki

80%

Maszkowski R.

Studia Pastoralne

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2023

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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.

12

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

80%

Milczarek E.

Przegląd Sejmowy

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2022

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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.

13

Freedom of Speech of an Academic Teacher: Some Conceptual Clarifications and a Landscape of Challenges

80%

Jabłoński P., Kaczmarek P., Wojtanowski M.

Archiwum Filozofii Prawa i Filozofii Społecznej

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2025

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vol. 45

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issue 4

5-20

EN

70%

Chałubińska-Jentkiewicz K.

Cybersecurity and Law

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2023

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vol. 9

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issue 1

5-22

EN

In the face of technological development, the relationship between freedom, including freedom of speech, and security – especially its digital variety, namely cybersecurity – is a particularly difficult relation. It should be pointed out that the international plane is an indispensable dimension of human rights protection, since it is in the international plane that new standards in the field of human rights are created, which are then brought into the system of domestic law and the practice of states. Meanwhile, the existence of international legal regulations increasingly often becomes a guarantee of the effectiveness of domestic legal systems. International institutions often become the institution of appeal for individuals and a lever to force state governments to respect fundamental human rights and freedoms. Support for individuals, communities or nations fighting for their rights, and their success in this struggle, contribute to the formation of a new democratic international order.

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