Problems of realization right to freedom of speech in information internet-sources Cover Image

Проблеми реалізації Права на свобоДУ слова в інформаційних інтернет-Джерелах
Problems of realization right to freedom of speech in information internet-sources

Author(s): T. Slinko, Anastasiya Mits
Subject(s): Media studies, Human Rights and Humanitarian Law, ICT Information and Communications Technologies
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: freedom of speech; Internet source; right to freedom of expression; information; online sources; censorship; state control; social networks;

Summary/Abstract: The article considers the essence of the realization of the right to freedom of speech on the Internet. The guarantees of the right to free expression of views in the online mode in a democratic state have been investigated. Taking into account both positive and negative consequences (we are talking about cyber and hacker attacks), as well as the speed and possibilities of the network, the issues of state regulation of Internet content are becoming relevant. As we see, in the present conditions, the need to provide and observe guarantees of human rights in the Internet, namely freedom of speech and freedom of expression, becomes urgent. Now, emphasizing the need to introduce human rights standards on the Internet at the national level, the Council of Europe is developing numerous recommendations and comments, taking into account the peculiarities of the legislation and the state of many countries. The difficulty for Ukraine lies in the fact that, first of all, the requirements of national legislation should be adapted to international provisions. The prescriptions and provisions of the current legislation of Ukraine, mechanisms for revealing the balance between state interests and citizens' rights on the example of foreign countries are analyzed. Attention is focused on the existing problems of ensuring the right to freedom of expression on the Internet, ways of possible legal regulation of the information on-line space, taking into account the compulsory observance of human rights, are suggested. The role of the public in controlling Internet activities deserves special attention. It is noteworthy that the Internet Association of Ukraine operates in our country, one of whose functions is cooperation with the Verkhovna Rada of Ukraine committees on the development, adjustment and analysis of the regulatory and legal framework governing Internet activities. In our opinion, it would be advisable to expand its powers, considering its decision along with other human rights media organizations to control the circulation of online information, because only in the case of consolidated activities of all those interested in the development of Internet regulation of subjects, they will be able to professionally approach the evaluation of various materials. Taking into account what has been said, it can be stated that the issue of freedom of speech in Internet sources has certain features, legal specifics and requires concretization. The balance between the information society and the state requires respect for the principle of proportionality, promotes the realization of human rights, provides for exclusively those restrictions that are necessary in a democratic society. In addition, legislative regulation and the delineation of the concepts "authorized statements" and "statements are illegal", that is, violating rights, is an urgent necessity in a state governed by the rule of law. When considering the category of "content that may cause concern in terms of tolerance and respect for others," it is important for the legislator not only to adopt norms that impose prohibitions, but also to try to find the root causes of misunderstandings in society, to set the vector for avoiding discriminatory influences, minimizing the likelihood of violations of law on freedom of expression.

  • Issue Year: 2018
  • Issue No: 142
  • Page Range: 22-33
  • Page Count: 12
  • Language: Ukrainian