From M/Cyclopedia of New Media
Freedom of Speech
The First Amendment of the United States Constitution provides American’s with the right to free speech. However, other countries protect freedom of speech less strongly than the US. In the United Kingdom the law provides low level protection of free speech to people who make defamatory statements, as well to the intermediaries who broadcast the statements on-line. There is no constitutional right to free speech in Australia, at most there is an implied right to political discussion. </br>
Thus many disputes arise concerning material which is hosted by US ISPs, and is lawful in the US, but which contravenes the laws of another country in which is it equally accessible. (Reed, 2000, p224)
Broadcast media are subject to content regulation and standards designed to protect children and other vulnerable individuals. This regulation is controlled at a national level; however, the internet challenges international boundaries and the problem of controlling free speech has emerged. </br>
…The Broadcasting Services Amendment (Online Services) Act 1999 assumed that the regime governing broadcast content regulation could be extended to online services, in order to address complaints about Internet content, restrict access to Internet content likely to cause offence, and protect children from Internet content deemed to be unsuitable. (Flew, 2002, p194-5) The Online Services Act has raised some concerns about Australian’s right and ability to share their opinions or art over the internet that may be considered objectionable, but don’t intend to be. Freedom of speech is something linked to democratic societies and is linked to “freedom of thought, freedom of assembly, the right to present dissenting opinions and to engage in an ongoing process of free and rational debate, and the freedom to publish� (Flew, 2002, p191).
Art is a subject matter that challenges current societal values. “If art is something that pushes the limits of accepted community standards of decency, the Online Services Act severely restrains the notion of act in Australia in the digital age.� (Gilchrist, 2000) The courts have the power to decide if artistic material is classed obscene in relation to current community standards. It is determined by the following factors: </br>
the circumstances of the artwork’s publication (including any evidence of its limited circulation); the target group of the publication (including whether the target audience was narrowed physically or by appropriate warning signs about the content of the artwork); and whether or not the artwork has artistic merit (taking into account any expert evidence on this point) (Gilchrist, 2000) Unfortunately the artistic world feels that the internet is a good medium to express ideas that challenge current opinions, which may be censored by the courts because they don’t meet the current standards test. The Online Services Act “fails to respect the notion of an intellectually vigorous Australian society in which issues can be debated freely.� (Gilchrist, 2000)
Racial discrimination on the internet is a complicated issue as there is no legislation specific to online racism. It is addressed through Federal and State/Territory antidiscrimination law. There is a useful internet site that directs people to the relevant authorities regarding racial discrimination and "hate speech" (Yee, 2004) Australia still hasn’t found an intermediary between silencing new or different opinions and art and allowing defamation to run rampant. It is only though the continual development of online legislation that Australian’s will be able to preserve a democratic privilege of freedom of speech and expression that is accommodating to current societal values.
Kathryn Badger 10:13, 28 Oct 2004 (EST)
Other Relevant Wiki Entries
- Censorship and Freedom of Speech
- Intellectual Property
- [[Internet_Pornography_Censorship:_Arguments_For_and_Against]]
- [[Internet_Pornography_Censorship:_Regulation_and_Responsibility]]
Kathryn Badger 10:13, 28 Oct 2004 (EST)
References
- Flew, T. (2002) New Media: an introduction, Australia: Oxford University Press
- Reed, C. (2000) Internet Law: Text and Materials, London: Butterworths.
Kathryn Badger 10:13, 28 Oct 2004 (EST)
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Kathryn Badger 10:13, 28 Oct 2004 (EST)
