Public Order Law and Freedom of Expression

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Study Of Law Number 9 Off Regarding Freedom Of Speech In Publice

Study Of Law Number 9 Off Regarding Freedom Of Speech In Publice

Law Number 9 of 1998 regulates Freedom of Expressing Opinions in Public. Article 3 of the law states that its implementation must fulfill several principles, namely the principle of balance between rights and obligations, the principle of deliberation and consensus, the principle of legal certainty and justice, the principle of proportionality, and the principle of benefits. These principles form the basis of freedom which is responsible for public opinion. The enactment of this law does not guarantee the implementation of demonstrations to be orderly.[1] These five determinants can be anticipated well to avoid mass unrest. Demonstrations can be done with thoughts in verbal, written and so on in a demonstrative manner in public which is done in an orderly or not. Form channels / open spaces either formally through the People's Representative Council (DRD) / Regional People's Representative Council (DPRD). However, the rise of public opinion submission with demonstrations taking to the streets is preferred by the public in expressing demands / aspirations. Freedom of expression in public is a human right guaranteed by the 1945 Constitution of the Republic of Indonesia and the Universal Declaration of Human Rights. Expression of opinion in public is the embodiment of democracy in the order of life of society, nation and state. In relation to efforts to build a democratic country, it is also necessary to have a safe, orderly and peaceful atmosphere that does not harm the interests and other human rights. In terms of safeguarding the demonstration, the enactment of Law No. 2 of 2002 concerning the Indonesian National Police has implications for the paradigm shift of the Indonesian National Police[2]. The National Police are demanded not to prioritize repressive actions but rather persuasive and preventive actions. The main tasks and authority of the National Police as mentioned in Article 13 of Law Number 2 of 2002 concerning the Police of the Republic of Indonesia include: a. Maintaining public security and order. b. Uphold the law. c. Provide protection, protection and service to the community.
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Freedom of expression and hatred of religion

Freedom of expression and hatred of religion

of groups defined by colour, race, ethnicity, nationality and national origin. But proponents of the RRHA argued that the POA failed to protect certain religious groups – Christians and Muslims prominent among them – since they are multi-racial or multi-ethnic in character. They argued, therefore, that it was necessary to plug this gap left by the existing legislation in order to ensure that all vulnerable religious groups enjoyed the equal protection of the law. As David Nash and Chara Bakalis put it, ‘extending the Public Order Act 1986 provisions to include religion is the government’s way of bringing equality to an area deemed to discriminate against certain religions’ (2007: 355; and see 351-3, 360, 368; see also Hare 2006: 525). For its critics, by contrast, the offence created by the RRHA was (and is) an illegitimate restriction on freedom of expression. The critics argued that it would in effect constitute a ban on jokes about religion and even on serious theological debate. For this reason, Ivan Hare, amongst many others, concluded that ‘the Religious Hatred Act should be opposed by those who value free speech’ (2006: 538).
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Defamation Law in Ethiopia: The Interplay between the Right to Reputation and Freedom of Expression

Defamation Law in Ethiopia: The Interplay between the Right to Reputation and Freedom of Expression

Moreover, as pursuant to sub-article 6 of article 29 of Federal Democratic Republic of Ethiopian constitution enunciates that right of thought, opinion and expression can be limited only through laws which are guided by the principle that freedom of expression and information cannot be limited on account of the content or effect of the point of view expressed. However, where the situation requires legal limitations can be laid down in order to protect the well being of youth, and the honor and reputation of individuals (See Sub-Article 6 of Article 29 of FDRE’s Constitution, 1995). Hence, one can safely deduce that the right to reputation and honor at times can be a legitimate ground to restrict freedom of expression. Besides, it is worthy noted that legal limitations should applied in a very strict and objective manner but should not be done arbitrarily in any ways except when provided by law and believed necessary. Likewise, any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law. This also implies that anyone who inflicts harm to the right to reputation of others is liable to the law that governs subject matter under discussion, which is law of defamation. However, it is common in the different part of the world to observe when protection of reputation inciden- tally impedes the freedom of expression.
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Freedom of belief in the light of Maqasid al shariah: Special reference to Sri Lanka

Freedom of belief in the light of Maqasid al shariah: Special reference to Sri Lanka

This preferential statement to Buddhism is highly controversial among scholars and researchers. Some argue that this article gives Buddhism the ‘foremost place’ and asks the government to protect it. The first meaning of that is, the minorities are second class citizens and they should be treated as second class not equal to majority Buddhist. Some activists argue that the only one solution for this kind of classification is to amend the constitution and make Sri Lanka as a ‘Secular state’ (Public Representations Committee on Constitutional Reform, 2016). They argue that secular state is a very positive one. History tells us that no religion or culture will automatically be protected merely by having state sponsorship. The best example would be Catholicism itself. As revealed by history, the decadence of the Catholic Church in Europe began with State sponsorship. Further they emphasize that a secular state does not mean being irreligious. But an equal freedom for people to pursue their spirituality and faith without the obstacle of a constitution that guarantees only one religion which can sometimes assault others.
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Liberty in Discourses of Imam Khomeini and Ayatollah Taleghani

Liberty in Discourses of Imam Khomeini and Ayatollah Taleghani

One of the implications of freedom and equality is the presence and activity of different classes, parties, and organizations in the communities. These communities are the main part of people and classes. In other words, the most essential factor for communities is a set of elements that combine people and classes, create a lively body, and help such communities to survive. Taleghani argued that in past centuries, different nations have kept their power based on ethnic, linguistic, and geographic tendencies and after the political- intellectual developments that have taken place over the last centuries, collaborate has occurred based on thoughts and notion. On the same terms, parties and classes have been formed and ultimately, each class presented their own points of view in society and among their followers and they have formed the population. He is of the opinion that more common thoughts and social ideologies will result in weaker racial titles and the emotional aging of the nation, so it needs stronger national societies mostly placed on opinion and notion; it will solve other social problems by these populations. Thus, if the parties have dabbled in the past days postpartum in a tertiary perspective, Taleghani believes, preservation of independence and intellectual and social progress of nations is an obligation in order to prevent cruelty and violations of the governance (Parivar, 2010 12). Societies are the main framework of people and classes. The most fundamental concern for societies is a set of factors connecting people and classes creating such a lively figure that aids society to survive.
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Freedom of Expression in the Public Schools

Freedom of Expression in the Public Schools

Freedom of Expression in the Public Schools SMU Law Review Volume 23 | Issue 5 Article 9 1969 Freedom of Expression in the Public Schools Sammuel H Ballis Follow this and additional works at https //s[.]

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The "Fog of Law": The Law of Armed Conflict in Operation Iraqi Freedom

The "Fog of Law": The Law of Armed Conflict in Operation Iraqi Freedom

85. For a time, the reporting included all reported and suspected cases of detainee abuse, which meant that any complaint by a detainee was entered into the database, without regard to any legal or law enforcement threshold. During the period when the author participated in the weekly briefing to the Secretary of the Army concerning the topic of “detainee abuse,” this low standard meant that cases tracked included complaints by detainees that the air conditioning had broken on a bus transporting them from Camp Bucca in southern Iraq to Baghdad. More- over, some special interest groups would often jump to the conclusion that all detainee deaths in US custody were attributable to abuse or that all cases listed as “homicide” on criminal case re- ports were murders by US forces. (In fact, a “homicide” could be murder by another detainee or justifiable self-defense by a US soldier.)
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Quantifying Word Order Freedom in Dependency Corpora

Quantifying Word Order Freedom in Dependency Corpora

Here we focus on the communication of rela- tion types. In the English and German examples above, the relation types to be conveyed are nsubj and dobj in the notation of the Universal Depen- dencies project (Nivre et al., 2015). For the task of communicating the relation type between a head and dependent, natural languages seem to adopt two non-exclusive solutions: either the order of the head, the dependent, and the dependent’s sis- ters is informative about relation type (a word or- der code), or the wordform of the head or depen- dent is informative about relation type (Nichols, 1986) (a case-marking code). Considerations of robustness and efficiency lead to a prediction of a tradeoff between these options. If a language uses case-marking to convey relation type, then word order can be repurposed to efficiently con- vey other, potentially non-propositional aspects of meaning. On the other hand, if a language uses in- flexible word order to convey relation type, then it would be inefficient to also include case marking. However, some word order codes are less robust to noise than others (Gibson et al., 2013; Futrell et al., 2015), so certain rigid word orders might still require case-marking to maintain robustness. Sim- ilarly, some case-marking systems might be more or less robust, and so require rigid word order.
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Freedom of Expression in Distributed Networks

Freedom of Expression in Distributed Networks

These questions raise a point put forward by G. Agamben in his Homo Sacer: social systems will tend to become monopolized by a small ruling elite unless they have a robust relationship with outsiders – unless they allow outsiders ‘inside’. Social systems introduce various kinds of order and predictability into social relations – some aspects of the world are accentuated as significant or important –and their survival depends on whether their participating agents find the order and pre- dictability beneficial (on individual and community levels) and fruitful. At the same time, however, the trade-off to ordering and normalizing certain views and routines is that other views and ways of doing things are marginalized or negated. This may be a matter of the generally agreed sense of what is important in this world, which delegitimizes what is not considered important. But there is also a cost to the success of this process, as consensus complexes of views and ways of doing things, if unchallenged by alternatives, tend to an inertial conservatism, leaving them vulnerable to uncontrollable and unexpected changes in the environment. Thus, for a system to incorporate maximum adaptability, it must be able to incorporate the challenge of the stranger – tolerate it, understand it, respond to it, change itself in relation to the strength of that challenge. This is a les- son that a prevailing system that gains hegemonic impact, such as the Internet, must take seri- ously.
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Transparency in Medicines Regulatory Affairs - Reclaiming Missed Opportunities

Transparency in Medicines Regulatory Affairs - Reclaiming Missed Opportunities

Despite multiple opportunities having arisen to revise the law, section 34 of the Medicines Act, a provision that encroaches on a fundamental right entrenched in the Bill of Rights, without the requirement to provide any justification, remains in effect. In light of the emphasis on transparency and accountability in both the Constitution and PAIA, it is suggested that such a blanket provision barring access to information would not pass muster as a ‘limitation that is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom’. [1] It is accordingly
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Freedom of expression in a pluralistic world order / Vrijheid van meningsuiting in een pluralistische wereld orde

Freedom of expression in a pluralistic world order / Vrijheid van meningsuiting in een pluralistische wereld orde

The concept of isothymia entails the desire to be recognized as equal to others, whereas the concept of megalothymia contains the desire to be recognized as superior. 293 This latter concept is conceived to be the benign and dark side of thymos, i.e. highly problematic for political life, since it entails the desire to dominate as we could see with imperialism. This is why Fukuyama is of the view that thymos, even in its most humble manifestation, is just the starting point for human conflicts and, thus, capable of fanaticism, obsession, and animosity. For there is no guarantee that self-esteem would be confined to the bounds of ‘moral self’ which is, above all, not developed to the same level in all human beings. Therefore, there is no reason to contend that all human beings would evaluate themselves as each other’s equals. 294 In this regard, thymos ought to be tamed by using megalothymia to counteract ambition 295 so as to prevent the emergence of tyranny. This can only take place in the democratic constitutional process, that is, a stage for the expression of thymos where men can seek recognition for their own views. Accordingly, he observes that the dialectical contradiction between these two concepts – megalothymia and isothymia – is best resolved and balanced out in the ‘universal and homogenous state’, i.e. liberal democracy that rests on the twin pillars of economics and recognition. 296 This form of political organization is considered to be universal for it grants recognition to its citizens, not because they are members of certain ethnic, racial, or national groups but because they are human beings. 297 This recognition is also rational in as far as the state’s authority does not stem from an ancient tradition or religious faith, but from the citizens’ explicit consent to the conditions by which they cohabit. And it is also homogeneous due to its creation of a classless society in which the distinction between master and slave is erased. 298 However, despite his eulogy of this utopian form of political organization and the alleged general consensus about its superiority, he admits that liberal democracy is yet to be globally accepted, as is the case in the Islamic world. This is also apparent from the reasoning of those who follow Fukuyama’s line of thought. For instance, Amartya Sen defends the universality of liberal democracy by arguing that “[…] while democracy is not yet universally practiced, nor indeed uniformly accepted, in
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Technological Intermediaries and Freedom of the Press

Technological Intermediaries and Freedom of the Press

Technological Intermediaries and Freedom of the Press SMU Law Review Volume 66 | Issue 1 Article 5 2013 Technological Intermediaries and Freedom of the Press Christina M Mulligan Brooklyn Law School,[.]

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The Freedom of Information Law and Democratization in Nigeria

The Freedom of Information Law and Democratization in Nigeria

Abstract: Nigeria is rife with marginalisation and human rights abuses, which have been aggravated by inequitable distribution of national wealth. This situation calls for viable institutional arrangements for the protection of fundamental human rights. The press has been empowered in this regard but Nigeria remains rife with a plethora of human rights abuses. The present paper therefore examines the freedom of information law and democratization in Nigeria. The paper is conceptualised within the ambit of Mills’ Theory of Sociological Imagination. Data used for the paper were derived from relevant documents and key informant interviews. A total of 64 journalists were purposively selected from 16 print and electronic press organisations in Lagos and Oyo states of Nigeria. Findings show that the press has been empowered through the Freedom of Information Bill, which was signed into law after a decade of its presentation to the Nigerian government. Most of the informants mentioned that the Freedom of Information Law would stimulate democratization, although they expressed doubts about its efficacy. Also, two-third of the informants expressed dissatisfaction over continuity of press freedom abuse in Nigeria. The results of this paper suggest the need for national consciousness to ensure protection of press freedom and human rights in the Nigerian democracy.
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Mapping the knowledge base of information policy: clusters of documents, people and ideas

Mapping the knowledge base of information policy: clusters of documents, people and ideas

Grunewald, MH, Freedom of Information Act dispute resolution, Administrative Law Review 401 1988 1-65 Grupe, FH, Commercializing public mformation a critical issue for government IS prof[r]

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The Boundaries of Freedom of the Press in South African Law

The Boundaries of Freedom of the Press in South African Law

Our entire social system is pervaded with a myriad of issues relating to freedom of expression. A free responsible press is one of society’s greatest assets. Courts must now ensure that common law is not locked within the limitations of the past and they must re-consider common-law rules within the new context so as to render them congruent with the fundamental values and principles. Strict liability of the press is now rejected as unconstitutional since it mars the free flow of information – a democratic principle. The press sold, however not be placed in a privileged or superior position to that of the individual on the basis that the press constitutes an essential bastion of free expression in a democracy. The onus rest on the media defendant to prove a defense excluding unlawfulness on a preponderance of probabilities rather than a mere evidential burden. The media defendant is a defamation action is often in the best position to know whether reasonable steps were taken to verify the information published and so to establish that its publication was reasonable. In a system of democracy dedicated to openness and accountability, as ours is the especially important role of the media, both publicly and privately owned, must be recognised. Freedom of expression is therefore a pat of the very definition of self-government: the process of free discussion is required no mater whether the process leads to the truth or not.
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SMU Dedman School of Law Roy R  Ray Lecture Freedom of the Press in Time of War

SMU Dedman School of Law Roy R Ray Lecture Freedom of the Press in Time of War

SMU Dedman School of Law Roy R Ray Lecture Freedom of the Press in Time of War SMU Law Review Volume 59 | Issue 4 Article 2 2006 SMU Dedman School of Law Roy R Ray Lecture Freedom of the Press in Time[.]

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Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law

Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law

than those of any other coherent body of law. Leaving any interpreter with one of the widest possible margins of discretion, this generality allows substantive provisions of antitrust law to remain unchanged for hundreds (US), a few dozen (EC) or several years (Poland) seeing as its rules may easily be adapted to changing economic, political and social circumstances and, of course, legal or economic concepts. The core rules remain unchanged yet their application evolves with time. How is it possible that the same provision, the same semantic structure, is understood and applied in a substantially different way? How can it be that the same conduct was first perceived as anticompetitive, then as procompetitive and it is now, in turn, viewed with caution? The answer to these questions, and indeed many others, lies in the goals of competition law. They influence the way the law in books becomes the law in action. It is the goals of competition law rather than its statutory provisions that determine which conduct is prohibited, which practice is allowed and how and when can a conduct find approval? Differences in goals are also responsible for divergent applications of identical, or highly similar, rules contained in various legal systems. 2
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Is Freedom of Expression a Universal Right?

Is Freedom of Expression a Universal Right?

First, with respect to incidental—nonmessage-related—restrictions of expression, I believe it would be desirable social policy for economically advanced countries to ensure the existence of a wide variety of cheaply accessible media and perhaps some media open to all speakers, such as the Internet. There are problems of getting the correct balance between having too many speakers, which causes either cacophony or cascading, and having too few, which results in the exclusion of worthwhile messages. And the right balance might also depend on whether the messages are political, scientific, artistic, cultural, or commercial. Moreover, courts are not well equipped to do this balancing. Legislatures are better equipped, although they may be less trustworthy than courts.
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Freedom in the free world: the extimate becomes the law

Freedom in the free world: the extimate becomes the law

Does this misunderstanding extend to the Yale School of Law and Psychoanalysis? As I started suggesting, Robert Burt’s polite reservations concerning his seminars with Anna Freud would have found (loud and ostentatious) agreement from Lacan. Lacan would have been less sanguine, however, and much less optimistic about Burt’s reading of psychoanalysis’ ‘lessons’ for law thereafter. If there’s one theme pervading Burt’s work is the hope that judges can become ‘reliable guides for disputing parties – even deeply opposed parties – in working toward amelioration and mutually satisfying resolution of their conflicts.’ This aspiration, he suggests, is also that of psychotherapists, whether the conflict they are addressing is that between two persons or within the conflict-driven mind of one person, their patient: in the same way that ‘a psychotherapist assists the patient in coming to recognize the previously warring portions of his mind’, so a judge can try to lead ‘the warring litigants to recognize one another without fear or hostility.’ As the psychotherapist aims to help the patient resolve the conflict in their psyche, so the judge aims to resolve the conflict between litigants, ideally with a decision, or interpretation of the law that is offered for agreement even to the losing side. The latter will be instructed, in effect, that whether they like it or not, there is ‘an agreed communal meaning to the law and that they have wrongly interpreted that law.’ The upshot of a psychotherapeutically-inspired legal proceedings can form the starting point, Burt suggests, for ‘friendly interaction’, ‘new mutually respectful’ and ‘egalitarian social relationships’ indeed for an ‘egalitarian democratic society’. ‘I see’, Burt concludes, ‘psychoanalysis as a training ground for a democratic relationship with others.’
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Democracy and Freedom of Speech & Expression

Democracy and Freedom of Speech & Expression

Freedom of speech & Jawaharlal Nehru University is there really any difference between sedition and irreverence. Going against any form of nationalism is a big deal and, just like religion, is a matter of public morality. In fact, in the JNU case, all the leftists groups at the Jawaharlal Nehru University have strongly criticised the anti-Indian slogans shouted on the campus to express harmony with Kashmiris. The question here, of course, is whether a laissez-faire state should be in the business of outlawing speech just because people‟s feelings are hurt. India‟s subversion law itself has been read down and is fairly liberal on paper now, given that only speech that directly incites violence against the government is liable to be prosecuted as seditious. Nevertheless, as is rather obvious from the mass media as well as the Bharatiya Janata Party's government‟s reaction to the JNU incident, such a view does not have much popular purchase. And that is troubling for the admittedly small number of people who hold dear free speech and liberalism.
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