Safe Access Zone Legislation and Its Compliance with the Human Rights of Anti-Abortion Protesters in Australia.

Terminating a pregnancy is now lawful in all Australian jurisdictions, although on diverse bases. While abortions have not been subject to the same degree of heated debate in Australia as elsewhere, protests aimed at persuading women not to have a termination of their pregnancy have occurred outside abortion service providers in the past. Over the last decade, this has led to the introduction of laws setting out so-called safe access zones around provider premises. Anti-abortion protests are prohibited within a specific distance from abortion services and infringements attract criminal liability. As safe access zone laws prevent protesters from expressing their views in certain spaces, the question arises as to the laws' compliance with protesters' human rights. This article analyses this by considering the human rights compliance of the Queensland ban in light of Queensland human rights legislation. It concludes that the imposed prohibition of anti-abortion protests near abortion clinics is compatible with human rights.

Strengthen Academic Pharmacy by Protecting Self-Expression.

Pharmacy, including academic pharmacy, is affected by several important issues. Additionally, we deal with these issues in a society that is increasingly polarized in beliefs and siloed in interactions. Within this important juncture, pharmacy faculty may be prone to employ restrictions on freedom of expression, particularly around viewpoints they do not endorse. This tendency will likely have unintended effects and inhibit the ability of the profession to find solutions to its current challenges. We implore the Academy to actively work to increase viewpoint diversity, open inquiry, and academic freedom.

The Decline of Freedom of Expression and Social Vulnerability in Western democracy.

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from 'war' but from different kinds of social pressure or 'violence' exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it - or even not to think for themselves - under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system.

Subjective Freedom of Speech: Why Do Citizens Think They Cannot Speak Freely?

We provide the first systematic research into the origins of subjective freedom of speech in Germany. Relying on the GLES 2021 Cross-Section Pre-Election Survey, which includes a newly designed survey item on subjective freedom of speech, we evaluate a whole range of plausible candidate hypotheses. First, we contribute to cumulative research by testing the explanatory factors in Gibson (1993)-citizens' social class, their political involvement and political preferences, and their personality dispositions-for the German case. Second, we move beyond the state of the art and test three new hypotheses that reflect more recent political developments and arguments in the free speech debate: the role of social media, increasing political and social polarization, and the rise of populism. Importantly, all hypothesis tests reported in this paper have been preregistered prior to data collection. Our results reveal that three explanatory factors are significantly, consistently, and substantively related to subjective free speech in Germany: political preferences, populist attitudes, and identification with the Alternative for Germany party. Supplementary Information: The online version of this article (10.1007/s11615-022-00414-6) contains supplementary material, which is available to authorized users.

Nurses' freedom of expression: Rights, obligations and responsibilities.

AIM: This commentary aims to spark debate on the ethical, legal, professional and institutional challenges faced by nurses' use and interactions when using traditional, mass and social media. BACKGROUND: Freedom of expression is a core value of democratic systems. However, it appears to be a complex right when exercised by nurses in traditional media and/or during online interactions. Active use of these types of media can help promote healthcare incentives and reach larger audiences, or even influence public policy. Nevertheless, with the increase in social media use, some nurses have been found to have engaged in unprofessional practices, which, in some serious cases, have led to their dismissal. EVALUATION: We identified specific instances of conflicts-most commonly related to breach of privacy, inappropriate interactions on social media or a simple lack of knowledge or guidance regarding its use-and formal complaints concerning nurses' freedom of expression. KEY ISSUES: While nursing codes do exist, professional guidelines concerning the use of mass and social media are still much needed. With the advent of social media, there may be ambiguity regarding how nurses engage with and make use of these platforms. In order to ensure that nurses interact professionally with any form of media, clear ethical, legal and professional frameworks of use are needed. Specific codes exist, such as the new ICN code of ethics or the NMC code, among other initiatives, but more comprehensive guidance is needed in order to support nurses in using better judgement regarding their media interactions. While the existence of such frameworks may not fix the problem of incorrect use, it can help those nurses looking for clear guidance when interacting with mass media or using social media. Also, it is important that more professionals are aware that such guidance exists, since understanding the limits and dangers of certain interactions would ultimately protect nurses' and patients' rights. CONCLUSION: The increasing use of media platforms by nurses calls for further professional guidance regarding its professional utilization. To date, limited guidance exists to support media interactions. In an interconnected world that favours media interaction in both professional and private spheres, the development and widespread dissemination of clear guidance for professionals must also detail two essential points: how professionals can better interact with media platforms and also how they can avoid having unethical media interactions in the first place. IMPLICATIONS FOR NURSING MANAGEMENT: The existence of a solid, comprehensive framework for generalized media use should ensure that nurses can exercise their right to freedom of expression. Clearer limitations should support nurses' professional presence and interactions in the media.

Public Health Protection vs. Freedom of Commercial Expression in the Commonwealth Caribbean: The Case of Barbados and Jamaica.

This chapter explores the tension between public health protection and the freedom of commercial expression from a Commonwealth Caribbean perspective, using Barbados and Jamaica as case studies. First, it assesses the scope of the right to freedom of expression. Second, it discusses the extent to which public health protection may be invoked to restrict the right. The authors conclude that Commonwealth Caribbean states can justifiably restrict commercial speech about tobacco products and unhealthy food and beverages.

The Regulation of Alcohol Marketing in France: The Loi Evin at Thirty.

When adopted in 1991, the French Loi Evin was pioneering as one of the first in the world to regulate alcohol marketing as extensively. This short contribution assesses whether it remains fit for purpose over 30 years later. To this effect, it assesses its main provisions, considers the legislative amendments that have ensued as well as the extensive interpretation French courts have given of its scope, before concluding that the prospects for its revisions are limited in the near future.

The Right to Free Commercial Speech in South Africa and its Tension with Public Health Interventions.

Marketing restrictions to promote public health invoke competing rights, including the right to free commercial speech which for-profit entities use to protect their freedom to market products without undue regulation. The right to free commercial speech in South Africa has been developed through case law since the adoption of the first democratic constitution in South Africa in 1996. This article examines the impact of this recent judgment and the lessons for policy makers to ensure effective regulation of marketing practices in South Africa.

Balancing the Scales: The Role of the Canadian Supreme Court in Weighing Commercial Speech and Public Health.

The Supreme Court of Canada has established that commercial speech is protected under the Canadian Charter of Rights and Freedoms and that commercial speech exists along a continuum of utility and value, which is balanced against objectives such as public health. This article examines jurisprudence to determine when infringements on commercial speech are acceptable, analyzing considerations of evidence, rational connections between policies and outcomes, proportionality, and minimal impairment.

Freedom of Commercial Expression and Public Health Protection at the European Court of Human Rights.

This contribution considers the case law of European Court of Human Rights (ECtHR) and focuses on the extent to which the Contracting Parties to the European Convention on Human Rights (ECHR) can regulate the tobacco, alcohol, and food industries in a manner compatible with their ECHR obligations. After briefly presenting the two key cases dealing specifically with tobacco advertising, this contribution considers the main factors that the ECtHR takes into account when balancing competing concerns, and in particular freedom of commercial expression and public health protection. It concludes that none of these factors is absolute, as the Court considers the strength of each one of them on the facts of each case. Nevertheless, it is clear from its case law that States have a wide margin of appreciation to regulate marketing practices that are inimical to public health and the prevention of non-communicable diseases more specifically, to the extent that even extensive advertising restrictions can be compatible with Article 10 of the ECHR.

The trickle-down of political and economic control: On the organizational suppression of environmental scientists in government science.

In many countries, attempts to suppress scientists as public experts have become more prevalent. In democratic countries, environmental scientists have been a particular focus of control. This article looks at structures and mechanisms of suppression of government researchers. It is based on a qualitative analysis of ten in-depth interviews with environmental researchers being employed or engaged in government science. The analysis is influenced by a power-theoretical perspective on the suppression of science. By analyzing the interviewees' accounts, it scrutinizes the different ways in which political and economic control can trickle down in research organizations such as state research institutes and come to affect individual researchers. The focus is especially on the interlinking of political and economic influence of external actors with different forms and practices of control at the organizational level. Three forms of such trickle-down are identified and discussed: internalization of political and economic control, external influencing and bureaucratic control, and economic/interest group influence in research organizations. We argue that these forms of control function as a filtering layer of suppression between political and economic control and individual scientists out of the public eye regarding government science.

Whose Words Hurt? Contextual Determinants of Offensive Speech.

Tracing the boundaries of freedom of expression is a matter of wide societal and academic import-especially, as these boundaries encroach on the politics of inclusion. Yet, the elements that constitute offensive speech and determine its legal status remain poorly defined. In two studies, we examined how lay judges evaluate the offensiveness of apparently descriptive statements. Replicating prior work, we found that non-linguistic features (including speaker intent and outcomes on the audience) modulated the statements' meaning. The speaker's identity-and, in particular, their membership in the target group-independently influenced evaluations of offensive speech among conservatives and progressives alike. When asked to disclose their abstract principles, or jointly evaluate two contrastive cases, participants tended to deny the relevance of identity while primarily endorsing the intent principle. Taken together, our findings confirm that assessments of offensive speech are governed by contextual features, some of which are not introspectively deemed relevant.

México, una democracia en crisis de confianza y satisfacción, años 2000 - 2018 / Mexico, a democracy with confidence and satisfaction crisis: years 2000-2018

Resumen Este artículo ofrece una aproximación a la comprensión de las llamadas crisis "de confianza" y "de satisfacción" del Sistema Democrático Representativo en México; partiendo del establecimiento doctrinal y empírico del Sistema Representativo Democrático en el contexto internacional y en México, se estudia la creciente desafección por las instituciones políticas y el nivel de satisfacción expresada por las personas en momentos dignos de atención para la democracia mexicana: el primer proceso electoral federal con la alternancia partidista presidencial, año 2000; la elección del regreso a la continuidad y la consolidación del pluralismo político, año 2012; y la nueva posalternancia, 2018. Se usan datos estadísticos, teóricos y sociales de las encuestas que en México preguntan sobre el grado de satisfacción con la democracia como sistema representativo, hasta qué punto los ciudadanos le tienen más o menos confianza a instituciones públicas y privadas, y cómo han evolucionado estos sentimientos. Los datos disponibles evidencian que el Sistema Democrático Representativo mexicano sufre una crisis de confianza y de satisfacción y que tiene importantes retos por delante. Proponemos una defensa de la representación institucional con correcciones que pueda hacerla más cercana, sensible y eficiente.

Abstract This article offers an approximation to the understanding of the so-called "confidence" and "satisfaction" crises of the Representative Democratic System in Mexico; Starting from the doctrinal and empirical establishment of the Democratic Representative System in the international context and in Mexico, the growing disaffection for political institutions and the level of satisfaction expressed by people in key moments of the Mexican democracy is studied: the first federal electoral process with the presidential party alternation, year 2000; the choice of the return to continuity and the consolidation of political pluralism, year 2012; and, the new post-alternation 2018. Statistical, theoretical and social data are used from surveys in Mexico that ask about the degree of satisfaction with democracy as a representative system, to what extent citizens have more or less trust in public and private institutions, and how these feelings have evolved. The available data show that the Mexican Representative Democratic System is suffering a crisis of confidence and satisfaction and that it has important challenges ahead. We propose a defense of institutional representation with corrections that can make it closer to the people, more sensitive and efficient.

Political participation of the opposition in Colombia after the 2016 Peace Agreement / Participación política de la oposición en Colombia después del Acuerdo de Paz de 2016 / Participação política da oposição na Colômbia após o Acordo de Paz de 2016

ABSTRACT One of the expectations generated by the Peace Agreement signed in November 2016 between the Colombian Government and the FARC-EP guerrillas was to create the conditions of democratic openness that would allow the conditions for political participation of the opposition. As a working hypothesis it is considered that the Colombian political regime has not provided enough guarantees for the participation and exercise of democracy and that the current government has allowed the conditions of political, social, and armed conflict to be sharpened. The method of analysis adopted is interpretative and inductive, with a focus on the political participation of the opposition in the broad sense. The information obtained was critically analyzed considering the guarantees for the exercise of the opposition, freedom of expression and association and social movements. It was found that social organizations and movements have not achieved significant participation as an opposition and that there is a greater commitment of the now FARC political party to what was agreed in 2016. It is concluded that the Peace Agreement failed to provide enough guarantees for the political participation of the opposition and the exercise of democracy.

RESUMEN Una de las expectativas que generó el Acuerdo de Paz firmado en noviembre de 2016 entre el Gobierno colombiano y la guerrilla de las FARC-EP fue crear las condiciones de apertura democrática que permitan las condiciones para la participación política de la oposición. Como hipótesis de trabajo se considera que el régimen político colombiano no ha brindado suficientes garantías para la participación y el ejercicio de la democracia y que el gobierno actual ha permitido que se agudicen las condiciones del conflicto político, social y armado. El método de análisis adoptado es interpretativo e inductivo, con foco en la participación política de la oposición en sentido amplio. Se analizó críticamente la información obtenida teniendo en cuenta las garantías para el ejercicio de la oposición, libertad de expresión y asociación y movimientos sociales. Se encontró que las organizaciones y los movimientos sociales no han logrado una participación significativa como oposición y que existe un mayor compromiso del ahora partido político FARC con lo acordado en 2016. Se concluye que el Acuerdo de Paz no logró que el régimen político colombiano ofrezca suficientes garantías para la participación política de la oposición y el ejercicio de la democracia.

RESUMO Uma das expectativas geradas pelo Acordo de Paz assinado em novembro de 2016 entre o governo colombiano e a guerrilha das FARC-EP era criar condições para a abertura democrática que permitissem as condições para a participação política da oposição. Como hipótese de trabalho, considera-se que o regime político colombiano não forneceu garantias suficientes para a participação e o exercício da democracia e que o atual governo permitiu que as condições do conflito político, social e armado aumentassem. O método de análise adotado é interpretativo e indutivo, com foco na participação política da oposição em sentido amplo. As informações obtidas foram analisadas criticamente, levando em consideração as garantias para o exercício da oposição, liberdade de expressão e associação e movimentos sociais. Constatou-se que organizações e movimentos sociais não alcançaram participação significativa como oposição e que há um maior compromisso do partido político das FARC com o que foi acordado em 2016. Conclui-se que o Acordo de Paz não alcançou que o regime político colombiano ofereça o suficiente garantias para a participação política da oposição e o exercício da democracia.

Governmental actions to address COVID-19 misinformation.

Since COVID-19 emerged, a plethora of misinformation has undermined the public's ability to identify reliable sources of accurate information. To identify the range of methods governments used to address COVID-19 misinformation, we conducted a content analysis of international media and evaluated government actions in light of international law, which protects freedom of expression and calls on governments to guarantee this fundamental right even during a pandemic or other emergency. We identified five categories of government activities: (1) disseminating and increasing access to accurate information; (2) restricting access to accurate information; (3) disseminating disinformation, false information, and misinformation; (4) addressing commercial fraud; and (5) criminalizing expression. The goal of addressing COVID-19 misinformation is best served by protecting expression, disseminating factual information, ensuring strong protections for whistleblowers, and supporting an independent media environment. Conversely, governments undermine public health when they create a state of uncertainty and violate human rights.

Should Critique on Governmental Policy Regarding Covid-19 Be Tolerated on Online Platforms? An Analysis of Recent Case-Law in the Netherlands.

This policy and practice note describes and discusses two recent decisions by the District Court in Amsterdam regarding the applicability of YouTube's and Facebook's Community Guidelines on Covid-19 misinformation. The decisions (Café Weltschmerz/YouTube and Smart Exit/Facebook) illustrate the tense intersection between, on the one hand, the freedom to express criticism of the government's policy for fighting the outbreak of Covid-19 in the Netherlands, and on the other hand, the prevention of (dis)information with the potential to harm public health. The author will point out that the two decisions, although covering the same subject matter, differ significantly in argumentation regarding the (scope of the) application of the freedom of expression. Analysing this divergence in argumentation will show that its roots can be traced back to a different valuation of the role of the online platforms regarding the dissemination of speech. A debate on this divergence is needed to prevent inconsistency in future decisions and to contribute to the broader discussion on content regulation in the European Union.

Participación política de la oposición en Colombia después del Acuerdo de Paz de 2016 / Political participation of the opposition in Colombia after the 2016 Peace Agreement / Participação política da oposição na Colômbia após o Acordo de Paz de 2016

RESUMEN Una de las expectativas que generó el Acuerdo de Paz firmado en noviembre de 2016 entre el Gobierno colombiano y la guerrilla de las FARC-EP fue crear las condiciones de apertura democrática que permitan las condiciones para la participación política de la oposición. Como hipótesis de trabajo se considera que el régimen político colombiano no ha brindado suficientes garantías para la participación y el ejercicio de la democracia y que el gobierno actual ha permitido que se agudicen las condiciones del conflicto político, social y armado. El método de análisis adoptado es interpretativo e inductivo, con foco en la participación política de la oposición en sentido amplio. Se analizó críticamente la información obtenida teniendo en cuenta las garantías para el ejercicio de la oposición, libertad de expresión y asociación y movimientos sociales. Se encontró que las organizaciones y los movimientos sociales no han logrado una participación significativa como oposición y que existe un mayor compromiso del ahora partido político FARC con lo acordado en 2016. Se concluye que el Acuerdo de Paz no logró que el régimen político colombiano ofrezca suficientes garantías para la participación política de la oposición y el ejercicio de la democracia.

ABSTRACT One of the expectations generated by the Peace Agreement signed in November 2016 between the Colombian Government and the FARC-EP guerrillas was to create the conditions of democratic openness that would allow the conditions for political participation of the opposition. As a working hypothesis it is considered that the Colombian political regime has not provided enough guarantees for the participation and exercise of democracy and that the current government has allowed the conditions of political, social, and armed conflict to be sharpened. The method of analysis adopted is interpretative and inductive, with a focus on the political participation of the opposition in the broad sense. The information obtained was critically analyzed considering the guarantees for the exercise of the opposition, freedom of expression and association and social movements. It was found that social organizations and movements have not achieved significant participation as an opposition and that there is a greater commitment of the now FARC political party to what was agreed in 2016. It is concluded that the Peace Agreement failed to provide enough guarantees for the political participation of the opposition and the exercise of democracy

RESUMO Uma das expectativas geradas pelo Acordo de Paz assinado em novembro de 2016 entre o governo colombiano e a guerrilha das FARC-EP era criar condições para a abertura democrática que permitissem as condições para a participação política da oposição. Como hipótese de trabalho, considera-se que o regime político colombiano não forneceu garantias suficientes para a participação e o exercício da democracia e que o atual governo permitiu que as condições do conflito político, social e armado aumentassem. O método de análise adotado é interpretativo e indutivo, com foco na participação política da oposição em sentido amplo. As informações obtidas foram analisadas criticamente, levando em consideração as garantias para o exercício da oposição, liberdade de expressão e associação e movimentos sociais. Constatou-se que organizações e movimentos sociais não alcançaram participação significativa como oposição e que há um maior compromisso do partido político das FARC com o que foi acordado em 2016. Conclui-se que o Acordo de Paz não alcançou que o regime político colombiano ofereça o suficiente garantias para a participação política da oposição e o exercício da democracia.

Free Circulation of Information and Online Intermediaries - Replacing One "Value Gap" with Another.

The role of online intermediaries in allowing third parties to perform legal as well as illegal activities and the growing economic power of such intermediaries are profoundly challenging the legal framework established 20 years ago with the European Union e-Commerce Directive. European courts first, and legislatures more recently, have taken a position regarding the need for further regulation of online intermediaries. The new liability rules for copyright infringement are just an example of a more general tendency to charge intermediaries with responsibility. This tendency goes beyond the realm of intellectual property and includes consumer law, antitrust and competition law. The forthcoming EU Digital Services Act aims to revise the regulation of online intermediaries by means of new rules framing the responsibilities of digital services and online platforms' market behaviour. In this context there is no doubt that the current scenario requires modern rules. However, it is licit to ask whether and how European institutions are considering the collateral effects of the above-mentioned tendency. It is also not clear how the basic principles underpinning the e-Commerce Directive - and, in particular, freedom of expression - will be assured in a new legal framework where online intermediaries may not enjoy the safe harbours originally laid down in the e-Commerce Directive.