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Respecting context: A new deal for free speech in the digital era

Respecting context: A new deal for free speech in the digital era

Karanasiou, Argyro ORCID: 0000-0002-3268-4019 (2012) Respecting context: A new deal for free speech in the digital era. European Journal of Law and Technology, 3 (3). ISSN 2042-115X

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Abstract

This paper discusses the significance that context seems to be holding for free speech adjudication; realizing its context helps to adjust the right's protective scope in an appropriate manner. More importantly, framing speech within a context determines the balancing act performed in cases of clashing with other rights. As it is argued here, the digital era has framed free speech in a new context, which seems to challenge our present legal approaches. This paper highlights the need to perceive the new digital context and appropriate our current views in the light of digitization. Namely, it is suggested that free speech adjudication should take into account the specific architectural traits of the internet, which are dominant in the digital context. This argument put forth should not be taken to imply further that a hands-off approach should be followed online; on the contrary this paper calls for re-establishing the link between law and context, which seems to have been overlooked online. Highlighting this link will enable a better understanding of free speech in the digital era and will provide proper guidance for deciding the right's trade-offs with competing rights online, predominantly intellectual property and privacy. The paper urges for a new deal for free speech online: a balancing act based on its digital context.

Item Type: Article
Uncontrolled Keywords: Free speech, first amendment, internet law
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 15 Jul 2019 09:49
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/24222

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