Academic literature on the topic 'Freedom of speech – Zimbabwe – Law and legislation'

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Journal articles on the topic "Freedom of speech – Zimbabwe – Law and legislation"

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DI ROSA, ALESSANDRO. "PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW." Age of Human Rights Journal, no. 12 (June 13, 2019): 105–32. http://dx.doi.org/10.17561/tahrj.n12.6.

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The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-
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Ivanova, Xenia A., and Alexander A. Stepanov. "Restrictions of the freedom of speech in France in the digital technologies era." Law Enforcement Review 3, no. 1 (2019): 15–23. http://dx.doi.org/10.24147/2542-1514.2019.3(1).15-23.

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The subject. The article reveals an understanding of the freedom of speech in French law The purpose of the article is to identify the contents of freedom of speech in the French law and to determine the boundaries of its implementation in the Internet as well as to confirm or refute the hypothesis that both the freedom of speech and the definition of the boundaries of that freedom meets the purposes of protection of human rights. The description of methodology. General scientific methods ‐ analysis, synthesis, induction, deduction, comparison ‐ were used. The authors also use the formal legal
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.

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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the Interna
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Newman, Christopher J. "Allowing Free Speech and Prohibiting Persecution—A Contemporary Sophie's Choice." Journal of Criminal Law 70, no. 4 (2006): 329–50. http://dx.doi.org/10.1350/jcla.70.4.329.

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This article considers the approach of three distinct common law jurisdictions to the problems faced by courts when an individual's right to freedom of expression is invoked as a defence to a low-level public order offence. The contrasting approach of courts in England, Australia and the USA will be examined in order to ascertain whether there is a simple balancing act to be made on a case-by-case basis or whether an optimal model of public order legislation can be established to provide some certainty when rights to freedom of expression collide with the wider rights of the community.
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FASTERLING, Björn, and David LEWIS. "Leaks, legislation and freedom of speech: How can the law effectively promote public-interest whistleblowing?" International Labour Review 153, no. 1 (2014): 71–92. http://dx.doi.org/10.1111/j.1564-913x.2014.00197.x.

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Stevens, Joanna. "Colonial relics I: the requirement of a permit to hold a peaceful assembly." Journal of African Law 41, no. 1 (1997): 118–33. http://dx.doi.org/10.1017/s0021855300010020.

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In November 1993, in the case of NPP v. Inspector-General of Police, Archer, CJ., in striking down Ghanaian legislation providing for the licensing of peaceful assemblies, stated rhetorically:“… police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century. …Those who introduced police permits in this country do not require police permits in their own country to hold public meetings and processions. Why should we require them?”Over the last three years, possible justifications for the retention of laws requiring that a permit be obtained prior to hol
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Łukowiak, Dominik. "Między wolnością słowa a zasadą równości biernego prawa wyborczego. Ramy prawne systemu finansowania kampanii wyborczych w świetle I poprawki do Konstytucji USA." Studia Iuridica 72 (April 17, 2018): 207–19. http://dx.doi.org/10.5604/01.3001.0011.7599.

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The article is a paper presented during the Poland-wide academic conference The U.S. Constitution – theory and practice. The basis for reflections constitutes an issue of the constitutionality of the federal legislation establishing restrictions on the money’s influence on financing election campaigns. The paper focuses on an analysis of the U.S. Supreme Court’s case law related to the range of an acceptable interference of such regulations in the freedom of speech and political expression clause of the First Amendment to the Constitution. The author discusses selected statements contained in
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McCulloch, Jude, and Joo-Cheong Tham. "Secret State, Transparent Subject: The Australian Security Intelligence Organisation in the Age of Terror." Australian & New Zealand Journal of Criminology 38, no. 3 (2005): 400–415. http://dx.doi.org/10.1375/acri.38.3.400.

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This article describes the secrecy provisions embodied in the Australian Security Intelligence Organisation Legislation Amendment Act 2003 (Cwlth). The article explains how these provisions curb freedom of speech and remove ASIO's activities from the domain of public scrutiny. It argues that by effectively criminalising open discussion of ASIO's activities the provisions insulate much of the domestic ‘war on terror’ from the public gaze. It also argues that the provisions implicitly sanction lawlessness by ASIO in open breach of the rule of law. By undermining free speech and the rule of law,
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Kivistik, Olja, and Marju Luts-Sootak. "Limitation of Freedom of Speech and of the Press by Penal Law in the Final Decades of the Russian Empire." Juridica International 27 (September 30, 2018): 41–52. http://dx.doi.org/10.12697/ji.2018.27.04.

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In the 21st century, it is inappropriate to have to ask whether criticising a political regime or exercising freedom of speech could lead to criminal charges and criminal punishment. In contrast, a hundred years ago the restriction of people’s freedom of speech, especially in relation to political matters, was quite extensive, both in autocratic Russia and elsewhere. The article addresses the legal situation in the Estonian territory of the Russian Empire until 1918, when insubordination to state authority and inciting mutiny were punishable by law. On 17 April 1905, the so-called Freedom Mani
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Arena, Valentina. "Between Rhetoric, Social Norms, and Law: Liberty of Speech in Republican Rome." Polis: The Journal for Ancient Greek and Roman Political Thought 37, no. 1 (2020): 72–94. http://dx.doi.org/10.1163/20512996-12340258.

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Abstract Although modern Republicanism, which highly values the right of freedom of speech, finds its inspiration in the historical reality of the Roman Republic, it seems that in the course of the Republican period citizens shared a recognised ability to speak freely in public, but did not enjoy equal status with one another in the domain of speech as protected by law. Of course, Republican Rome knew laws regulating free speech and perhaps even later provisions had been passed concerning iniuria. However, in these cases, as later on under Augustus, these measures acted as means of restraint a
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Dissertations / Theses on the topic "Freedom of speech – Zimbabwe – Law and legislation"

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Ndawana, Duduzile. "The role of the judiciary in protecting the right to freedom of expression in difficult political environments: a case study of Zimbabwe." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/99.

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The right to freedom of expression is with no doubt one of the most important rights in all democratic societies. The southern African sub-region is however lacking when it comes to the protection of this right. There are either highly repressive laws which result in the right being practiced but to a limited extent. In other cases the media is owned by the elite in society which results in the majority not being represented in the independent media and at the same time, the public media is often abused by the governing elite. The scene is therefore that both the public media and private media
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Mushohwe, Knowledge. "An analysis of selected cartoons published during Zimbabwe's 2008 elections." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1609.

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During Zimbabwe’s 2008 harmonised elections the country’s media laws had a direct impact on the way editorial cartoonists expressed themselves. Although the online newspapers were unregulated and the print media published under Zimbabwe’s media laws, Public Order and Security Act and Access to Information and Protection of Privacy act - the editorial cartoons from both sources show deliberate bias towards one candidate and contempt towards the main rival. The study contextualises the understanding of the editorial cartoon, as practised in an environment of freedom of speech and defined by the
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Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.

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Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal level
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Janse, van Rensburg Leanne. "The violence of language : contemporary hate speech and the suitability of legal measures regulating hate speech in South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001866.

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This thesis unites law and social science so as to give a comprehensive account of the phenomenon of racial hate speech in South Africa as an obstacle to transformation. Hate speech is presented as a form of violent language and an affront to the constitutional rights of freedom of speech, equality and dignity. To establish the nature of hate speech, the fluid quality of language is explored so as to show how language can be manipulated, on the one hand, as a means to harm, and employed, on the other hand, as a tool to heal and reconcile. This double gesture is illustrated through the South Af
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Fernandez, Joseph M. "Loosening the shackles of the truth defence on free speech : making the truth defence in Australian defamation law more user friendly for media defendants." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0075.

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Defamation law‘s truth defence – the oldest, most obvious and principal defence – has failed Australian media defendants. Few who mount the defence succeed. Many, discouraged by the defence‘s onerousness, do not even attempt it. As a consequence the journalistic articulation of matters of public concern is stifled. This thesis argues that the limitations of the Australian truth defence are inconsistent with established freedom of speech ideals and the public interest in having a robust media. As a result society is constrained from enlightened participation in public affairs. This thesis propo
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Grosshans, Joshua D. "Legislation, litigation, and lunacy : an analysis of Ashcroft V. free speech coalition and the child pornography prevention act of 1996." Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/317.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.<br>Bachelors<br>Health and Public Affairs<br>Legal Studies
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Dryden, Joe. "School Authority Over Off-Campus Student Expression in the Electronic Age: Finding a Balance Between a Student's Constitutional Right to Free Speech and the Interest of Schools in Protecting School Personnel and Other Students from Cyber Bullying, Defamation, and Abuse." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc33143/.

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In Tinker v. Des Moines Independent School District, the Supreme Court ruled that students have speech rights in the school environment unless the speech causes or is likely to cause 1) a substantial disruption, or 2) interferes with the rights of others. The Supreme Court has yet to hear a case involving school officials' authority to regulate electronically-delivered derogatory student speech, and no uniform standard currently exists for determining when school authorities can discipline students for such speech when it occurs off campus without violating students' First Amendment rights. Th
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Van, Zwaluwenburg Pamela Joy. "WIDE AWAKE OR SOUND ASLEEP? UNIVERSITIES AND THE IMPLEMENTATION OF ROSENBERGER V. UNIVERSITY OF VIRGINIA." Oxford, Ohio : Miami University, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1101827877.

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Christian, Mary Ann. "Whose community is it anyway? : the CDA and cultural conflicts over speech and pornography." Thesis, 1999. http://hdl.handle.net/1957/33072.

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The Communication Decency Act became law in 1996 and was immediately challenged on Constitutional grounds. It was subsequently declared unconstitutional based on the First Amendment guarantee of free speech. Using Fantasy Theme Analysis, an analysis of the dramatic elements of the key players was accomplished. The dramatic elements of Overall Theme, Abstract Concept, Hero/Villain interaction and Emotion were the focus of this analysis. The key players have been named the Antiobscenity Crusaders, the Defenders of Liberty and the Homesteaders after the roles they play. The focus of the analysis
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Symia, Charlene Joseph. "At what price justice? : the impact of litigation on educational leaders /." Diss., 2006. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3215856.

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Books on the topic "Freedom of speech – Zimbabwe – Law and legislation"

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Critical analysis of the media law in Zimbabwe. Konrad Adenauer Foundation, 2003.

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Law of Internet speech. 2nd ed. Carolina Academic Press, 2002.

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Joel, Kurtzberg, ed. Law of internet speech. 3rd ed. Carolina Academic Press, 2008.

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Schachter, Madeleine. Law of Internet speech. Carolina Academic Press, 2001.

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6, Perri. Liberty, charity, and politics: Non-profit law and freedom of speech. Brookfield, USA, 1995.

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Free speech in an Internet era: Papers from the free speech discussion forum. Carolina Academic Press, 2013.

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Tee, Virginia. Free speech on campus: A legal review. LRP Publications, 2003.

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Institute, Pennsylvania Bar. Controlling speech in 2013: Money, politics and power. Pennsylvania Bar Institute, 2013.

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Berger, Fred R. Freedom, rights, and pornography: A collection of papers. Kluwer Academic Publishers, 1991.

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Berger, Fred R. Freedom, rights, and pornography: A collection of papers. Kluwer Academic Publishers, 1991.

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Book chapters on the topic "Freedom of speech – Zimbabwe – Law and legislation"

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Sorabji, Richard. "Free speech on social media." In Freedom of Speech and Expression. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197532157.003.0003.

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Chapter 3 turns to an important problem of the present day. It says that law is after all required if freedoms are to be preserved, when some of the online social media offset the benefits they have to offer by basing their profits on exploiting personal profiles based on personal data left online by users. It spells out the bad effects of this and counters the suggestion that any media producing these bad effects can claim to be supporting free speech as understood by those reviewed in chapters 1 and 2. It supports the education of nine- to eleven-year-olds in detecting fake news and targeted news, and recommends encouraging compliant media. But with reference to government documents, it also proposes new legislation and new methods of enforcement against such misuse of speech.
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White, G. Edward. "The Supreme Court in the Era of Bifurcated Review III." In Law in American History, Volume III. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190634940.003.0010.

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The Supreme Court’s decisions interpreting the Due Process Clauses of the Fifth and Fourteenth Amendments followed an uneven pattern in the period covered in this volume. From a posture of aggressive review in cases posing due process challenges to state and judicial legislation, the court retreated to one of deference when the legislation affected “social and economic transactions.” But in other cases, such as when free speech and freedom of religion were restricted by legislative or administrative policies, the Court retained an aggressive posture. Eventually, after initially announcing that it eschewed “substantive” interpretations of the Due Process Clauses, the Court began advancing those interpretations in cases involving restrictions on the use of contraceptives and abortion decisions.
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Adler, Stephen J., and Bruce D. Brown. "Let’s Be Practical." In National Security, Leaks and Freedom of the Press. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197519387.003.0008.

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The proliferation of leak cases over the last decade suggests that a case against the press for publishing government secrets may be on the horizon. Before 2009, an unwritten understanding between the government and the press of governmental forbearance and press responsibility provided more effective press protection than the First Amendment. While continued reliance on this understanding would be preferable to a changed law, the scales have tipped toward the suppression of speech in national security reporting, which has shaken that understanding. The current situation is so bad that it is now time to consider reforming the Espionage Act. Reformed legislation should provide a floor that permits First Amendment defenses, the law should act as a backstop if those arguments fail, and it should be as limited and precise as possible so that it does not inadvertently create a dangerous new power to prosecute the press.
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George, Cherian. "United States: Exceptional Freedoms, Fabricated Fears." In Hate Spin. The MIT Press, 2016. http://dx.doi.org/10.7551/mitpress/9780262035309.003.0006.

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The United States has exceptionally strong Constitutional protections for free speech, but also for religious freedom. This chapter considers how this unique legal framework affects hate spin in the country. It finds that although hate speech can be expressed with a high degree of impunity, strong anti-discrimination laws limit the harms caused by such speech. Hate spin can, nonetheless, succeed in fostering fear and cultivating prejudice against minorities. The chapter examines how a network of anti-Muslim activists have used hate spin to campaign against mosque building, to oppose multi-cultural textbooks, and to introduce legislation protecting states from the fabricated threat of encroaching Muslim law. Beyond their stated goals, which may be frustrated by courts, these campaigns often have the symbolic purpose of spreading Islamophobia.
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