Freedom of Speech and Freedom of Information: Understanding the Differences and Coincidences
Freedom of Speech- F. of Information:
Diferences
•
According to the
content
: the right to
F. Speech: freely Express and spread
thoughts, ideas or opinions
through words, in writings or any other means of
reproduction
F. Information: freely communicate or receive
Truthful (veracious) information
by any means of dissemination
•
According to who are
holders
:
•
F. Speech
: Everyone has the Rº to express themselves
Only some have the opportunity to express themselves through the Media
↓
Significant social groups (Conf) →
Rº of Access
to Public Media
•
R. Information
•
active ==> journalists
•
passive ==> all
Freedom of Speech- F. of Information:
Coincidences
•
Human Right
of the individuls
•
Necessary for the free development of personallity
•
Tennat
(basice principle) of a Democratic Sistem
•
If there is no Freedom of Speech-Freedom of Information, no Public Opinion
LIMITS (GENERAL TERMS)
•
Honour
•
Internal side
: (feeling of self-esteem:) right to have a good image of myself (self-esteem)
•
External side
: Right to have a
good reputation
before others
•
Privacy
:
Right to have a private
sphere where I
can freely develop my own personality
•
Self image
:
Right to
expose or disseminate my image
by any means (photo, engraving)
Freedom of Speech
Vs.
Other Human Rights
Jurisprudential Criteria
Freedom
of Speech
Other Human
Rights
Constitutional Court Criteria :
Freedom of
Speech
vs.
Honour
Premises
•
While facts can be tested, opinions are not susceptible of proof
•
Prevalent Character
:
•
Fundamental Right
+
•
Basic Pº of a Democratic State (public opinion)
•
Limits, must be interpreted in a restrictive way
Freedom of
Speech
Honour
PRIORITY
to Freedom of Speech
IF
…
1
) Its direct and principle
aim
, IS NOT to
insult
(hate speech)- F. Speech
doesn't recognize a Rº to insult
others
Take into account …
•
The
way through which
the opinion is uttered: written media/ audio visual M. (+ likely to passionate reactions)
•
If they insult or
just reproduce
an insult uttered by other:
neutral report
: (no
animus
injuriandi
)
2) If there is a
link
between the
statement
–
veracious fact of public interest
3)
Proportionality
between the
used expressions
and the
ideas transmitted
( necessary or unnecessary)
4)
Profession
(of the
receiver
of the offense (politicians) // of the one that
uttered it
(journalist)
5) If
Context
&
circumstances
legitimize (or justify) the expression
insult as reaction
ius retoquendi
(the aim is not offending but reacting to an offense)
F. of
information
vs.
Honour, Privacy &
Self Image
Premises
•
Facts
, unlike opinions, can be
proved
•
Prevailing nature of freedom of information
:
•
H. Rights:
+
•
Core Pº of a Democratic State (Public Opinion)
F
.
S
p
e
e
c
h
,
P
r
e
v
a
l
e
n
t
,
i
f
t
h
e
p
i
e
c
e
o
f
i
n
f
o
r
m
a
t
i
o
n
i
s
…
1)
Veracius
True
as exclusion of mistakes (
does not demand rigorous accuracy
…)
•
Information should be elaborated with the
due diligence of a good journalist
•
Reliable sources
•
Properly
checked
(if it is based on mere rumours…)
•
Understood
& properly
Expressed
(rigour & accuracy words (avoid misunderstanding)
2)
of
Public Interest
according to
•
Content
: relevant, contributes to form
public opinion
Distinguish
public interest
(helps to form Public Opinion
)
interest of the
public (audience).
•
People :
Given their job
they assume the condition of public figures “celebrities”
Freedom of Speech and Freedom of Information are essential human rights that allow individuals to express thoughts and receive truthful information. While Freedom of Speech pertains to the expression of ideas through various means, Freedom of Information involves the communication and reception of accurate information. These rights are crucial for the development of personality and the functioning of a democratic society. Limitations exist, such as considerations of honor, privacy, and self-image. Understanding the criteria and balancing these rights is fundamental, especially in relation to the preservation of public opinion and individual rights.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Freedom of Speech- F. of Information: Diferences According to the content: the right to F. Speech: freely Express and spread thoughts, ideas or opinions through words, in writings or any other means of reproduction F. Information: freely communicate or receive Truthful (veracious) information by any means of dissemination According to who are holders: F. Speech: Everyone has the R to express themselves Only some have the opportunity to express themselves through the Media Significant social groups (Conf) R of Access to Public Media R. Information active ==> journalists passive ==> all
Freedom of Speech- F. of Information: Coincidences Human Right of the individuls Necessary for the free development of personallity Tennat (basice principle) of a Democratic Sistem If there is no Freedom of Speech-Freedom of Information, no Public Opinion
LIMITS (GENERAL TERMS) Honour Internal side: (feeling of self-esteem:) right to have a good image of myself (self-esteem) External side: Right to have a good reputation before others Privacy: Right to have a private sphere where I can freely develop my own personality Self image: Right to expose or disseminate my image by any means (photo, engraving)
Freedom of Speech Vs. Other Human Rights Jurisprudential Criteria Freedom of Speech Other Human Rights
Constitutional Court Criteria : Freedom of Speech vs. Honour Premises While facts can be tested, opinions are not susceptible of proof Prevalent Character: Fundamental Right + Basic P of a Democratic State (public opinion) Limits, must be interpreted in a restrictive way
PRIORITY to Freedom of Speech IF 1) Its direct and principle aim, IS NOT to insult (hate speech)- F. Speech doesn't recognize a R to insult others Take into account The way through which the opinion is uttered: written media/ audio visual M. (+ likely to passionate reactions) If they insult or just reproduce an insult uttered by other: neutral report: (no animus injuriandi) 2) If there is a link between the statement veracious fact of public interest 3) Proportionality between the used expressions and the ideas transmitted ( necessary or unnecessary) 4) Profession (of the receiver of the offense (politicians) // of the one that uttered it (journalist) 5) If Context & circumstances legitimize (or justify) the expression insult as reaction ius retoquendi (the aim is not offending but reacting to an offense)
F. of information vs. Honour, Privacy & Self Image Premises Facts, unlike opinions, can be proved Prevailing nature of freedom of information : H. Rights: + Core P of a Democratic State (Public Opinion)
F. Speech, Prevalent, Prevalent, if the piece of if the piece of information is information is 1) Veracius True as exclusion of mistakes (does not demand rigorous accuracy ) Information should be elaborated with the due diligence of a good journalist Reliable sources Properly checked (if it is based on mere rumours ) Understood & properly Expressed (rigour & accuracy words (avoid misunderstanding) 2) of Public Interest according to Content: relevant, contributes to form public opinion Distinguish public interest (helps to form Public Opinion) interest of the public (audience). People : Given their job they assume the condition of public figures celebrities
![Prevention and Combating of Hate Crimes and Hate Speech Bill [B.9B.2018]](/thumb/60513/prevention-and-combating-of-hate-crimes-and-hate-speech-bill-b-9b-2018.jpg)
