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

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Published: 4 June 2021

Last updated: 4 February 2022

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1

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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Turner, Ian. "Limits to Terror Speech in the UK and USA: Balancing Freedom of Expression with National Security." Amicus Curiae 1, no. 2 (2020): 201–32. http://dx.doi.org/10.14296/ac.v1i2.5130.

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Article 10(1) of the European Convention on Human Rights, freedom of expression, is incorporated into UK law. With the growing Islamist terror threat after 9/11, particularly threatening European security, the Council of Europe introduced the Convention on the Prevention of Terrorism (CPT) 2005. One of the Articles within the Convention, Article 5, obliges states to outlaw ‘public provocation to commit a terrorist offence’. Drawing on its obligations in the CPT, the UK enacted section 1 of the Terrorism Act 2006: ‘encouragement of terrorism’. But, in implementing its duties, the UK went furthe

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Ng Yan Chao, Ivan. "“Asian Values” in Different Forms: A Comparative Examination of How Singapore, Indonesia and Myanmar Address Insults to Religion." Religion & Human Rights 15, no. 3 (2021): 207–40. http://dx.doi.org/10.1163/18710328-bja10013.

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Abstract Insults to religion have the potential to stoke tensions and result in physical violence. To protect religious sensitivities, speech which insults religion may be criminalised, even in countries where freedom of speech is enshrined as a constitutional right. The purpose of this article is to look at the role played by the state in dealing with speech which insults religion, through an examination of three Southeast Asian case studies. This article attempts to provide a comparison of the constitutional provisions and specific legislation relating to the insulting of religion in the thr

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Teršek, Andraž. "Common and Comprehensive European Definition of Hate-Speech Alternative Proposal." Open Political Science 3, no. 1 (2020): 213–19. http://dx.doi.org/10.1515/openps-2020-0019.

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AbstractEurope needs to define the term and legal (criminal & constitutional) concept of “hate speech” precisely. The definition must be written in legal literature and in legislation. It must also be offered by the European Constitutional Courts and, last but not least, by the ECtHR. A descriptive definition offered inter alia by the ECtHR judgement in case of Vejdeland vs. Sweden (2012) was only a guidance. The new ECtHR judgement in the case of Carl Jóhann Lilliendahl vs. Iceland (11th of June 2020) addressed “homophobic speech” as “hate speech” directly. By combining the ECtHR case-law

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Murad, Mohammad Hasan, and Kazi Arshadul Hoque. "The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation." IIUC Studies 7 (October 19, 2012): 73–90. http://dx.doi.org/10.3329/iiucs.v7i0.12261.

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Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and peoples right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the right to know, is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the

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Ivanova, Ksenia A., and Madi Zh Myltykbaev. "The freedom of speech and right of access to information in the emerging system of international information security." Law Enforcement Review 4, no. 4 (2020): 80–93. http://dx.doi.org/10.24147/2542-1514.2020.4(4).80-93.

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The subject. The article is devoted to the analysis of the freedom of speech and access to information in the context of the emerging system of international information security. The purpose of the article is to try to predict the positive and negative consequences of changing international relations in the digital age, to determine the role of freedom of speech and access to information in the context of confrontation between Russia and the United States. The research presented in this article was carried out by combining different disciplinary approaches, including comparative law, comparat

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Marais, Marelize. "A Duty Perspective on the Hate Speech Prohibition in the Equality Act." Potchefstroom Electronic Law Journal 24 (June 21, 2021): 1–35. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9236.

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In this contribution, I argue that every person's duty to respect others is central to section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("the Equality Act"), otherwise known as the "hate speech" prohibition. This duty should therefore also be a central consideration in its interpretation. Related duties are those of the state to enact legislation, and of courts to interpret and apply the law to promote the spirit, purport and objects of the Bill of Rights. Our courts have in many instances considered the duty to respect others, as well as the sta

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Jeremy, Anthony. "Practical Implications of the Enactment of the Racial and Religious Hatred Act 2006." Ecclesiastical Law Journal 9, no. 2 (2007): 187–201. http://dx.doi.org/10.1017/s0956618x07000348.

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Legislators have normally exercised one of two options when enacting hate crime legislation. They either provide for punishment of ordinary criminal acts to be enhanced when the offence has been committed by reason of prejudice or hatred towards the victim, or they pass an Act which establishes an entirely new substantive offence. The United Kingdom Parliament adopted the first approach under the Crime and Disorder Act 1998, initially with regard to racially aggravated crimes and later in respect of religiously aggravated offences. In passing the Race and Religious Hatred Acts 2006, Parliament

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Caddell, Richard. "Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions." Yearbook of Polar Law Online 6, no. 1 (2014): 497–544. http://dx.doi.org/10.1163/1876-8814_018.

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In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and assembly on the one hand, and the need to ensure safety of navigation on the other. This article examines the legal arguments in favour of maritime protest as well as national responses to it, in the context of two Polar case studies. Firstly, this article appraises the confrontational activism of t

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Coleman, Peter. "Censorship: Publish and Be Damned." Media International Australia 150, no. 1 (2014): 36–40. http://dx.doi.org/10.1177/1329878x1415000110.

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State censorship in Australia has been rare, controversial and short-lived. There was almost none in the liberal nineteenth century. In the twentieth century, the two world wars, the Great Depression and the new age of terrorism led to more determined, if comparatively temporary, attempts to censor publications that advocated sedition or violence. Moral censorship of obscenity was also rare in the nineteenth century, but enjoyed an ‘heroic’ period following the arrival of a new realism in literature and the age of lurid comic books. The internet has made such censorship almost totally ineffect

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Igwe, Isaac O. C. "The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law." ATHENS JOURNAL OF LAW 7, no. 2 (2021): 148–68. http://dx.doi.org/10.30958/ajl.7-2-2.

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Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in

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Lipchanskaya, Maria A., and Sergej A. Privalov. "Social media in the context of Russian and German Constitutional Law." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (2021): 73–82. http://dx.doi.org/10.18500/1994-2540-2021-21-1-73-82.

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Introduction. The role of social media is objectively increasing in modern digital information space. They are much involved in shaping public opinion while democracy and civil society are being built and developed. Social media also contribute to the freedom of speech guaranteed by the Constitution. In the context of globalization, the development of state legal regulation often turns to the implementation of the rules which have already been tested in other countries. The fast development of relations in the field of social media and piecemeal legal regulation of this field in Russia make th

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최관호. "A Critical Study on Legislation of “Cyber Contempt”: in relation to the Principle of Subsidiarity of the Criminal Law and the Freedom of Speech." Democratic Legal Studies ll, no. 39 (2009): 93–123. http://dx.doi.org/10.15756/dls.2009..39.93.

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Lewis, David Balaban. "Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?" International Journal of Law and Management 59, no. 6 (2017): 1126–42. http://dx.doi.org/10.1108/ijlma-07-2017-0157.

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Purpose The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this ar

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Temperman, Jeroen. "Laws against the Denial of Historical Atrocities: A Human Rights Analysis." Religion and Human Rights 9, no. 2-3 (2014): 151–80. http://dx.doi.org/10.1163/18710328-12341266.

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This article ventures into the contentious question of whether the denial of historical atrocities is per se removed from the protection of freedom of expression and the related question if states may under international human rights law proactively combat, through criminal legislation (‘memory laws’), such types of extreme speech. In so doing, the article compares and contrasts approaches employed by the un Human Rights Committee that monitors the un International Covenant on Civil and Political Rights with that of the European Court of Human Rights, regional watchdog of the European Conventi

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Rawlinson, Paddy. "Immunity and Impunity: Corruption in the State-Pharma Nexus." International Journal for Crime, Justice and Social Democracy 6, no. 4 (2017): 86–99. http://dx.doi.org/10.5204/ijcjsd.v6i4.447.

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Critical criminology repeatedly has drawn attention to the state-corporate nexus as a site of corruption and other forms of criminality, a scenario exacerbated by the intensification of neoliberalism in areas such as health. The state-pharmaceutical relationship, which increasingly influences health policy, is no exception. That is especially so when pharmaceutical products such as vaccines, a burgeoning sector of the industry, are mandated in direct violation of the principle of informed consent. Such policies have provoked suspicion and dissent as critics question the integrity of the state-

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Oster, Jan. "Communication, defamation and liability of intermediaries." Legal Studies 35, no. 2 (2015): 348–68. http://dx.doi.org/10.1111/lest.12064.

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The legal framework concerning liability of communication intermediaries for defamation is under-conceptualised. The paper thus develops a holistic doctrinal approach to liability of speech intermediaries, such as Internet service providers (ISPs), booksellers and newspaper vendors, for defamation. It views intermediary liability for defamatory speech against the backdrop of communication theory and freedom of expression doctrine. If properly conceptualised, as suggested in this paper, the law of defamation can accommodate the cyberspace-specific legislation in Arts 12–15 of the e-commerce Dir

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Demczuk, Agnieszka Elżbieta. "The Discriminatory Legalism Strategy and Hate Speech Cases in Poland. The Role of the Commissioner for Human Rights in Fighting Discrimination." Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia 27, no. 2 (2021): 127. http://dx.doi.org/10.17951/k.2020.27.2.127-148.

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<p>The regress of liberal democracy in the world has been progressing for years and the number of countries with the full democracy index is decreasing [Economist Intelligence Unit 2018, 2019; Freedom House 2018]. One of the serious threats to the rule of law and the human rights in modern democracy has become discriminatory legalism which is both strategy and weapon [Weyland 2013]. In order to weaken or marginalize the opposition and “rebellious” citizens, public authorities apply discriminatory legal instruments and democratic rules depending on who they are concerned with. Public auth

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Robie, David. "The sword of Damocles in the South Pacific: Two media regulatory case studies." Pacific Journalism Review : Te Koakoa 10, no. 1 (2019): 103–22. http://dx.doi.org/10.24135/pjr.v10i1.782.

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Constitutional guarantees of free speech and media freedom are well established 'on paper' in most South Pacific nations. How these gurantees are interpreted is constantly a source of tension between policitans, media practicioners and constitutional advocates. Recent attempts by two countries in the region, Fiji and Tonga, to introduce draconian legislation have partially successful, provoking international condemnation. In Feburary 2003, a series of five bans on the Auckland-published Taimi 'o Tonga newspaper led to conflict between the island kingdom's Supreme Court and the Privy Council. T

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Vetoshkina, E. D. "Holocaust Denial: Social Conditionality and Comparative Analysis of Criminal Law Prohibition." Lex Russica, no. 11 (November 15, 2020): 129–38. http://dx.doi.org/10.17803/1729-5920.2020.168.11.129-138.

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From the second half of the 20th century the revisionist movement has spread among scientists, public and political figures. Publicists and scientists are known for criticizing the testimonies of concentration camp prisoners and their executioners, as well as denying the possibility of mass extermination of prisoners in terms of the technical capabilities of gas chambers.Attempts to reinterpret historical events often border on extremism and pose a threat to national security, leading to a significant deterioration in international relations. At the international level, a number of acts have b

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Dzholos, Oleh. "Organizational and Legal Formation of Local Public Audiovisual Media in Ukraine." Scientific notes of the Institute of Journalism, no. 1 (78) (2021): 64. http://dx.doi.org/10.17721/2522-1272.2021.78.5.

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The diversity of media means not only a variety of content and multiplicity of media owners, but also a variety of types of media. Together with the traditional models of public service and private commercial broadcasting, the community media emerged as the “third level” of media development, which contributed to strengthening the freedom of speech. This article examines the organizational and legal aspects of formation of local public audiovisual media in Ukraine, their compliance with the standards and principles of media legislation of European countries, and provides the examples of develo

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T. О., Chepulchenko. "The concept of human rights: doctrinal approaches." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 258–64. http://dx.doi.org/10.33663/2524-017x-2020-11-44.

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The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of de

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Tavits, Gaabriel. "Dear reader,." Juridica International 27 (September 30, 2018): 1. http://dx.doi.org/10.12697/ji.2018.27.00.

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It is not uncommon to encounter a situation in which one must admit that understandings of many legal situations are varied. On the one hand, everything might appear simple and clear; however, when one delves a bit further into the specifics of a particular legal regulation, the landscape may turn out to be much more complex, and perceptions change. Legal regulation leaves room for different understandings and interpretations. Although the legislator’s goal is to ensure legal regulation that is as precise as possible, there are always some gaps that need to be filled through either analogy or

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Makwaiba, Basutu S. "Tension between the individual's fundamental human rights and the protection of the public from infectious and formidable epidemic diseases." African Human Rights Law Journal 21, no. 1 (2021). http://dx.doi.org/10.17159/1996-2096/2021/v21n1a14.

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SUMMARY Emerging infectious and formidable epidemic diseases are a cause for concern and a serious threat to the global health. At the time of writing a number of these diseases have no cure. States in their domestic legislation applicable to matters of public health have come up with approaches to deal with such diseases. Zimbabwe has enacted primary legislation and regulations dealing with public health in an effort to suppress and prevent these diseases. The Zimbabwean Public Health Act, for example, authorises the notification of infectious and formidable epidemic diseases and the inspecti

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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, March 2013, no. http://dx.doi.org/10.1111/j.1564-913x.2013.00006.x.

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Medina, Barak. "Unintended consequences of prohibiting advocacy of hatred and regulating campaign finance: The weakening status of freedom of speech in Israel." International Journal of Constitutional Law, August 25, 2020. http://dx.doi.org/10.1093/icon/moaa056.

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Abstract A central dilemma in human rights law is how to reconcile the government’s duty to respect freedom with its obligation to protect individuals that might be harmed by the exercise of said freedom. Intolerance toward the dissemination of certain illiberal positions may have adverse social and political unintended results. One central concern is that such a policy would create a common culture that does not appreciate the critical importance of a vibrant public discourse. As such, it might enable governments, in terms of popular legitimacy, to curtail speech beyond the limits of justifia

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Joanna Botha. "OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)." Obiter 39, no. 2 (2018). http://dx.doi.org/10.17159/obiter.v39i2.11377.

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In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive

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Sutrisni, Ni Komang. "PENGATURAN ADVOKASI TERHADAP HAK-HAK PENYANDANG DISABILITAS TERHADAP DISKRIMINASI DI BIDANG PENEGAKAN HUKUM." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 4, no. 1 (2015). http://dx.doi.org/10.24843/jmhu.2015.v04.i01.p08.

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Human Rights is the rights of human beings are naturally without exception and a privilege for the group, as well as the level of a particular social group. These rights are freedom speech with freedom from all forms of oppression that must be upheld, not only by each individual of a State that recognizes the existence and respect of Human Rights itself, but must also be guaranteed by countries without any exceptions, including persons with disabilities in dealing with legal issues.This study used normative research for examining the principles and rules of law by using the legislation approac

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Alon-Shenker, Pnina, and Guy Davidov. "Organizing: Should the Employer Have a Say?" Theoretical Inquiries in Law 17, no. 1 (2016). http://dx.doi.org/10.1515/til-2016-0004.

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Israeli courts were recently faced with the question whether an employer is allowed to voice objections to unionization during an organizing drive. Since the legislation fails to provide an answer to this question, it was up to the courts to come up with a solution. The National Labor Court in Histadrut v. Pelephone held that employers have no say and must refrain from any communications whatsoever with the workers regarding the decision whether or not to join the union. The Supreme Court later affirmed this decision. This Article explores this legal question and examines whether this decision

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Bachmann, Klaus, Igor Lyubashenko, Christian Garuka, Grażyna Baranowska, and Vjeran Pavlaković. "The Puzzle of Punitive Memory Laws: New Insights into the Origins and Scope of Punitive Memory Laws." East European Politics and Societies: and Cultures, August 4, 2020, 088832542094109. http://dx.doi.org/10.1177/0888325420941093.

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In recent years and decades, authoritarian regimes and illiberal democracies have passed and enforced punitive memory laws, intending to ban certain interpretations of past events or sheltering official versions of history against challenges. This comes with no surprise in countries whose governments undermine pluralism and assume the existence of a historical truth that is stable over time, invariable, and self-explanatory. But why do liberal democracies, committed to political pluralism and open debate, pass laws that penalize challenges to certain interpretations of the past and restrict fr

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AlAshry, Miral Sabry. "New constitution and media freedom in Libya: journalists’ perspectives." Journal of Information, Communication and Ethics in Society ahead-of-print, ahead-of-print (2021). http://dx.doi.org/10.1108/jices-11-2020-0113.

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Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to the international laws and United Nations treaties, which the Libyan Parl

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Aly, Anne, and Lelia Green. "‘Moderate Islam’: Defining the Good Citizen." M/C Journal 11, no. 1 (2008). http://dx.doi.org/10.5204/mcj.28.

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On 23 August 2005, John Howard, then Prime Minister, called together Muslim ‘representatives’ from around the nation for a Muslim Summit in response to the London bombings in July of that year. One of the outcomes of the two hour summit was a Statement of Principles committing Muslim communities in Australia to resist radicalisation and pursue a ‘moderate’ Islam. Since then the ill-defined term ‘moderate Muslim’ has been used in both the political and media discourse to refer to a preferred form of Islamic practice that does not challenge the hegemony of the nation state and that is coherent w

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Chen, Peter. "Community without Flesh." M/C Journal 2, no. 3 (1999). http://dx.doi.org/10.5204/mcj.1750.

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On Wednesday 21 April the Minister for Communications, Information Technology and the Arts introduced a piece of legislation into the Australian Senate to regulate the way Australians use the Internet. This legislation is presented within Australia's existing system of content regulation, a scheme that the Minister describes is not censorship, but merely regulation (Alston 55). Underlying Senator Alston's rhetoric about the protection of children from snuff film makers, paedophiles, drug pushers and other criminals, this long anticipated bill is aimed at reducing the amount of pornographic mat

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Aly, Anne, and Lelia Green. "‘Moderate Islam’." M/C Journal 10, no. 6 (2008). http://dx.doi.org/10.5204/mcj.2721.

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   On 23 August 2005, John Howard, then Prime Minister, called together Muslim ‘representatives’ from around the nation for a Muslim Summit in response to the London bombings in July of that year. One of the outcomes of the two hour summit was a Statement of Principles committing Muslim communities in Australia to resist radicalisation and pursue a ‘moderate’ Islam. Since then the ill-defined term ‘moderate Muslim’ has been used in both the political and media discourse to refer to a preferred form of Islamic practice that does not challenge the hegemony of the nation state a

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Wasser, Frederick. "When Did They Copyright the World Without Us Noticing?" M/C Journal 8, no. 3 (2005). http://dx.doi.org/10.5204/mcj.2363.

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   Preface  In the last twelve years of following copyright developments, I have witnessed an accelerating growth in the agitation over its application and increasing cries for reform. This was triggered by a mounting corporate hysteria for strengthening copyright which seems to mask other anxieties and other issues of bad faith beside the one at hand. This is in contrast with the more reasonable stance of the U.S. government in the 1980s when Congress refused to regulate video rentals and the Courts refused to cite the video recorder for ‘contributory infringemen

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Aly, Anne, and Mark Balnaves. "The Atmosfear of Terror." M/C Journal 8, no. 6 (2005). http://dx.doi.org/10.5204/mcj.2445.

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   Since September 11, Muslims in Australia have experienced a heightened level of religiously and racially motivated vilification (Human Rights and Equal Opportunity Commission). These fears were poignantly expressed in a letter to the Editor of The West Australian newspaper from a Muslim woman shortly after the London terror attacks:  All I want to say is that for those out there who might have kamikaze ideas of doing such an act here in Australia, please think of others (us) in your own community. The ones who will get hurt are your own, especially we the women

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Heurich, Angelika, and Jo Coghlan. "The Canberra Bubble." M/C Journal 24, no. 1 (2021). http://dx.doi.org/10.5204/mcj.2749.

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According to the ABC television program Four Corners, “Parliament House in Canberra is a hotbed of political intrigue and high tension … . It’s known as the ‘Canberra Bubble’ and it operates in an atmosphere that seems far removed from how modern Australian workplaces are expected to function.” The term “Canberra Bubble” morphed to its current definition from 2001, although it existed in other forms before this. Its use has increased since 2015, with Prime Minister Scott Morrison regularly referring to it when attempting to deflect from turmoil within, or focus on, his Coalition government (Gw

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