Freedom of Expression Introduction

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Freedom of ExpressionIntroduction
OverviewLecture 1Jour4330Sarah Chiumbu- 10
October 2007
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This Lecture

• The course - practical issues
• The lectures - what they will cover
• Introducing Freedom of Expression concepts
  definitions

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Welcome!!

• The teaching of the course is made up of
• Sarah Chiumbu - Phd student Lectures
• Carol Azungi -Phd student Seminars and one
  lecture
• Guest Lecturers
• Nkosi Ndlela -Lecturer Hedmark Høgskole
• Kenneth Andreasen- Lecturer Mediehøgsoklen
  Gimlekollen

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Web page for the course

• The course description
• http//www.uio.no/studier/emner/hf/imk/JOUR4330/h0
  7/

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Lectures Seminars

• Lectures these will take place on Wednesdays at
  10h15 to 12h00 in room 205- From 10 October to 21
  November.
• Seminars these will take place on Fridays at
  10h15 to 12h00 in room 207 - From 19 October to
  30 November.

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Teaching Learning Forms

• LECTURES
• Overview, theoretical and empirical analysis,
  explaining issues and concepts
• Key thematic areas and examples. Lectures will
  not cover everything
• SEMINARS
• More focused discussion on selected topics and
  questions
• INDIVIDUAL STUDY

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Learning Goals

• The students shall develop a critical
  understanding of the key features concerning
  freedom of expression as a democratic right, and
  the role it plays in modern media.
• The seminars will develop the oral and the
  written skills of the students in both discourse
  and presentation.

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Aim of the Course

• To address the principles of freedom of
  expression within a historical perspective
• To discuss the changing conditions and new
  challenges for free speech in complex modern
  societies.
• Special attention will be directed towards
• The role of journalistic media in a context of
  social and technological change
• Exploring themes such as ethical challenges
  deriving from new forms of communications and
  censorship
• Discussions of challenges derived from censorship
  and control in digital media

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The Final Test Curriculum

• A Home Exam ( 3 to 6 Dec) - 10 credits
• Students need to buy the 2 major books on the
  reading list
• The course also has a compendium, which students
  also need to buy.

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Key Lectures

• Overview and Introduction (this lecture and the
  last one- Sarah Chiumbu)
• Theoretical Approach
• Free Speech Freedom of Expression Theoretical
  Foundations Sarah Chiumbu
• Case studies
• Freedom of Expression in Africa - Nkosi Ndlela
• Freedom of Expression in Transnational
  democracies - Kenneth Andreasen
• Freedom of Expression in the Digital Era
• Online Media Threat or opportunity for Freedom
  of Expression Carol Azungi Dralega

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Freedom of Expression

• This section of the lecture will cover
• Concepts and Definitions
• Freedom of Expression Principles (International
  and Regional human rights instruments).

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Concepts Definitions

• Freedom of speech this means being able to speak
  freely without censorship. An integral concept in
  liberal democracies
• Freedom of expression Related to freedom of
  speech, but not confined to verbal speech, but is
  understood to protect any act of seeking,
  receiving and imparting information or ideas,
  regardless of medium used
• Liberty of expression and of the press These
  became concepts for political and philosophical
  inquiry from the 17th century and there were
  connected to the development of other theories of
  the state (popularised by John Miltons
  Areopagitica, John Mills On Liberty - we will
  discuss these philosophers in more detail next
  lecture.

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Concepts Definitions

• Freedom of the press / media Bound up with
  freedom of expression, but refers specifically to
  the media. Important to note that some
  constitutions do not specifically refer to this
  right, and assume that a guarantee of freedom of
  expression covers this. This loophole has been
  abused by many states, especially in countries
  where the media is not free.
• Freedom of Information Closely related to
  freedom of expression, but this is a right to
  seek and to receive information. It is stated
  alongside the right to express and disseminate
  information. This right has only gained
  recognition in the last 30 years, but has been in
  existence in Swedish law for more than 200 years
  (Toby Mendel in Freedom of Information An
  Internationally protected Human Right,
  Comparative Media Law Journal, 2003

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Concepts Definitions

• Media Pluralism the notion of media pluralism is
  much broader than media ownership it covers
  access to varied information so citizens can form
  opinions without being influenced by one dominant
  source.
• Maintaining media pluralism is an essential
  condition for preserving the right to information
  and freedom of expression that underpins the
  democratic process.

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Concepts Definitions

• Censorship suppression of publications
  considered obscene, politically unacceptable,
  etc.
• Hate speech views which incite to intolerance or
  hatred between groups
• We will discuss all these concepts in
  theoretical and empirical contexts in the
  upcoming lectures and seminars

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Reflection

• Need to think of these concepts in relation to
  situation in your own country.
• Need to ask questions
• Should there be limitations to freedom of
  expression?
• Should the right to freedom of expression be
  universal? What about cultural differences?
• How does the rise of political Islam impact on
  freedom of expression?
• Are transnational media companies limiting
  freedom of expression?
• Are free speech freedom of expression
  impossible ideals?

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Freedom of Expression Principles

• Universal Declaration of Human Rights- Article 19
  (1948)
• The International Covenant on Civil Political
  Rights- Article 19 (created in 1966 and entered
  into force in 1976).
• The European Convention on Human Rights- Article
  10 (1950)
• The American Convention on Human Rights- Article
  13 (1969)
• The African Charter on Human Rights - Article 9
  (1981). Article 9 strengthened in the Declaration
  of Principles on Freedom of Expression in 2002.
• The Arab Charter on Human Rights- Article 32
  (2004)

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Restrictions on Freedom of Expression

• Blasphemy
• Obscenity
• Indecency offences
• Racial hatred
• National security
• Criminal defamation

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A good introductory book

• John Keane Media and Democracy
• Re-examines the relationship between media and
  democracy
• Traces the modern ideals of freedom of expression
  liberty of the press
• Lays out the theoretical foundations of freedom
  of expression
• Discusses different forms of state censorship in
  the 20th century
• Examines the emergence of transnational media
  conglomerates and their threat to new media
• Although the books is old (1991), it is still a
  very valuable book and tackles important issues
  of freedom of expression, media and democracy.
  Provides a good introduction to historical
  debates on freedom of expression.

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Upcoming

• Next week lecture to focus on Freedom Speech and
  Freedom of Expression Theoretical Foundations
• John Keane (1991)
• Dickerson Tranger (1999)
• Barendt- Chapter 1 (2005)
• First seminar next week on Frid 19 Oct is
  compulsory. Register to be taken.