The Handbook of Communication Rights, Law, and Ethics. Группа авторов. Читать онлайн. Newlib. NEWLIB.NET

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Издательство: John Wiley & Sons Limited
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isbn: 9781119719496
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See, for example, the 57 organizations that requested the elimination of a requirement that access and storage providers filter content (Malcolm 2017). See also their open letter to the European Union (Civil Liberties Union for Europe 2017) https://www.eff.org/deeplinks/2018/10/effs-letter-eus-copyright-directive-negotiators (accessed January 13, 2020).

      8 8 See the website related to the 2003 Geneva Declaration here: https://www.itu.int/net/wsis/geneva/index.html (accessed January 13, 2020).

      9 9 Comment, 45. States should recognize and respect that element of the right of freedom of expression that lies behind the limited journalistic privilege not to disclose information sources.

      10 10 See, for example, Spanish legislation (Real Decreto Legislativo 1/1996, Texto Refundido de la Ley de Propiedad Intelectual).

      11 11 See Comment no. 34, Human Rights Committee (UN 2011).

      12 12 Cfr. Comment “Any restrictions on the operation of websites, blogs or any other internet-based, electronic or other such information dissemination system, including systems to support such communication, such as internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3. Permissible restrictions generally should be content-specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government”.

      13 13 Hill v. Colorado (2000), available at https://www.law.cornell.edu/supct/html/98-1856.ZS.html(accessed January 13, 2021): “Unlawful for any person within 100 feet of a health care facility’s entrance to ‘knowingly approach’ within 8 feet of another person, without that person’s consent, in order to pass ‘a leaflet or handbill to, display a sign to, or engage in oral protest, education, or counseling with [that] person.’”

      14 14 Spain’s first professor of media business and its first author to write on the subject.

      15 15 Comment n. 25, Human Rights Committee (2011), Freedom of expression and political rights n. 20.

      16 16 See the Preface of this book by Professor Monroe Price as well as his book Free Expression, Globalism and the New Strategic Communication (2014) and other previous contributions related to Technologies of Freedom, specially Ithiel de Sola Pool university \9 1983).

      17 17 Judgment of the Court (Grand Chamber), May 13, 2014. Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González. Available in English at: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62012CJ0131&from=EN (accessed January 13, 2021).

      18 18 Journalist and blogger: Diario 14 y medio: https://twitter.com/14ymedio (accessed January 13, 2021).

      Leopoldo Abad Alcalá

      Within states’ internal contexts, regulation of the communication rights arising from the Universal Declaration of Human Rights (UDHR) or the International Covenant on Civil and Political Rights (ICCPR) has been developing via a gradual process of progress and setbacks that is shaped by each country’s historical and political vicissitudes. However, and despite the undeniable theoretical and philosophical reflection on the right of any person to communicate his or her ideas (a pioneer here was the Salamanca school led by Francisco de Vitoria, who formulated the idea of ius communicationis [Desantes Guanter 1989]), the shaping of the international legal order as a relational system whose subjects are states prevented any initiative to recognize communication rights in a universal, or even regional, way.

      The First Steps: Article 19 of the Universal Declaration of Human Rights

      The failure of the League of Nations and the atrocities committed by states in World War II inspired the need for a new model of interactions for international society, with individuals taking center stage relative to the main violator of their rights: their own states.1 This is the historical context in which the appearance of the United Nations (UN) should be understood. It was created through the Charter of the United Nations, promulgated in San Francisco on June 26, 1945 (Escobar de la Serna 2004, p. 112). In reality, this document limits itself to formulating the principle of international protection of such rights and of fundamental freedoms without developing that principle through specific rules.

      Such was the importance of the declaration that it became the common denominator in institutional discourse on human rights (Von Bernstorff 2008, p. 916). It is seen as a means for international public opinion to pressure states and has become customary international law (Humphrey 1979, p. 21) or, in the words of one of its main promoters, Eleanor Roosevelt, “the Magna Carta of mankind.”

      The work of defending communication rights within the UN has taken place through progressive recognition of them. This process began with their inclusion in Article 193 of the UDHR, the influence of which is beyond any doubt, though a certain terminological imprecision in its drafting has detracted from its ability to be applied as a legal norm rather than as a specification of moral principles. Interpretations of Article 19 have been varied, ranging from those that emphasize its universal applicability to those that stress its all-encompassing conception of communicative activity, but its pioneering role in the international recognition of communication rights cannot be denied.