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Showing posts with the label freedom of speech

Private Eyes, Public Lives... Celebrities and Invasion of Privacy by Lexi Mackenzie

"Hi! My names Lexi and I live in Cornwall. I'm just about to go into my second year of college, where I study Law, History and Psychology. After I finish my A Levels I hope to go to Bristol University to study Law" The general public had little access to the lives of celebrities prior to the digital age. People were rarely carried away by the escapism of celebrity scandals. However, technological advancements have resulted in daily headlines on dating rumours to what celebrities eat for breakfast. As a result, public curiosity about celebrities has increased and so has the invasion of privacy.   The Law and Privacy  Currently, in the United Kingdom, the media aren’t subject to any regulations over their content, though of course they can still be prosecution for spreading hate speech. For example, the Racial and Religious Hatred Act 2006 makes it an offence to stir up religious hatred, whilst the Criminal Justice and Immigration Act 2008 makes it an offence to incite hatr...

Hating Hate Speech... Should hate speech laws get priority over freedom of speech? By Safiya Rizvi

"My name is Safiya Rizvi. I will be starting year 13 this September. I want to do pursue higher studies and career opportunities in the field of law. I am trying to gain work experience, for example, I just did a law work experience program with Springpod. My interests are public speaking, debating and doing Theater. Besides English, I also know French and Hindi as other languages. I have good analytical, research and communication skills because of my A-level subjects." What is ‘Hate Speech’? First and foremost, the legal definition of Hate Speech differs from country to country. Let’s see how the Cambridge Dictionary defines it - "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". These aspects of a person’s identity are known as ‘protected strands’ of identity. Any form of communication that demonstrates hatred towards any individual based on, along with the th...

Cancelling or Consequences... The Crisis in Freedom of Speech

 'Cancel culture', defined as a form of ostracism in which someone is forced out of social or professional circles - either online, in real life, or both - as the result of doing something that is considered objectionable or offensive, is becoming more and more relevant, particularly in the age of Trump, #MeToo, and Black Lives Matter. It is derided by those on all sides of the political spectrum as stifling discourse and freedom of speech, while its proponents argue that 'cancelling' someone is merely the consequence of their wrongful behaviour. This poses an important legal question, particularly when the courts routinely protect freedom of speech, arguing that "freedom only to speak inoffensively is not worth having." But, similarly, the courts have also imposed constraints on the freedom of speech - indeed, it has long been accepted one cannot yell 'fire' in a crowded theatre and expect to face no consequences if there was no fire. This blog post s...

Clean As A Whistleblower... The Impact Of NDAs On Freedom Of Speech

An NDA, or non-disclosure agreement, is a contract in which parties agree not to disclose information covered by the agreement. These are often not enshrined in a written contract, such as attorney-client privilege, or doctor-patient confidentiality, but more formal NDAs are commonly used in commercial settings and business relationships to bind two parties to silence on issues ranging from confidential documents to accusations of wrongdoing and resulting settlements. Very few argue that NDAs being used to protect competition or trade secrets is something to be stopped, but controversy arises when victims of wrongdoing and the wrongdoers themselves enter an agreement to prevent the wrongdoing from being exposed. Employees are often made to sign NDAs after their dismissal following unacceptable practices, discrimination, or harassment, and may be paid compensation in return. While NDAs cannot be enforced in the UK and other countries if the contracted activities are criminal, they may s...

An Objection Or An Election... Holding Government To Account

This year has been particularly challenging for us all. COVID-19, the Black Lives Matter movement, an environmental crisis, an economic recession, and growing uncertainty throughout the world of politics. Unity is increasingly a hopeless concept, but in politics, unity is rarely apparent, nor desirable.  In Prime Minister's Questions on June 3rd , Boris Johnson attacked the Leader of the Opposition, Sir Keir Starmer, for his criticism of the government's approach to tackling coronavirus. Johnson accused Starmer of undermining trust in the government through his questions regarding the failures of the track-and-trace system, but was the Leader of the Opposition seeking to undermine and discredit the government, or was he seeking to hold the government to account? It is taken for granted in a democracy that leaders disagree, and not always is this disagreement responsible or constructive - indeed, David Cameron was a frequent critic of the "Punch and Judy" politics of P...

Heir To The Town Square... Social Media And Freedom Of Speech

Social media is hard to categorise into being merely a public service or a private institution. It's immense strength and popularity rival that of the largest governments, and it is increasingly used by those governments as a platform for carrying out the country's business, particularly in the age of Trump and Twitter. However, they are still capitalist, profit-focused organisations, that write their own rules and control their own algorithms. Outside of public pressure, there is no requirement for them to act in the best interest of their users, or indeed democracy.  But this has opened up social media to a whole host of criticisms, as well as the wider world of 'big tech', culminating in plans proposed by former US presidential candidate and Massachusetts Senator Elizabeth Warren to break up social media companies, and an executive order by Donald Trump to ban the use of TikTok, a popular video-sharing app, in the US unless it is sold to an American company. Social m...