Keyword: European Convention on Human Rights

Challenged by news personalisation: five perspectives on the right to receive information external link

Eskens, S., Helberger, N. & Möller, J.
Journal of Media Law, vol. 9, num: 2, pp: 259-284, 2017

Abstract

This research asks what the right to receive information means for personalised news consumers and the obligations this rights imposes on states. We develop a framework to understand the right to receive information, starting from case law of the European Court of Human Rights. On this basis, we identify five perspectives on the right to receive information: political debate, truth finding, social cohesion, avoidance of censorship and self-development. We evaluate how these five perspectives inform a legal and policy analysis of news personalisation.

European Convention on Human Rights, filter bubbles, frontpage, media diversity, Media law, news personalisation, right to receive information

Bibtex

Article{Eskens2017, title = {Challenged by news personalisation: five perspectives on the right to receive information}, author = {Eskens, S. and Helberger, N. and Möller, J.}, url = {http://dx.doi.org/10.1080/17577632.2017.1387353}, year = {1107}, date = {2017-11-07}, journal = {Journal of Media Law}, volume = {9}, number = {2}, pages = {259-284}, abstract = {This research asks what the right to receive information means for personalised news consumers and the obligations this rights imposes on states. We develop a framework to understand the right to receive information, starting from case law of the European Court of Human Rights. On this basis, we identify five perspectives on the right to receive information: political debate, truth finding, social cohesion, avoidance of censorship and self-development. We evaluate how these five perspectives inform a legal and policy analysis of news personalisation.}, keywords = {European Convention on Human Rights, filter bubbles, frontpage, media diversity, Media law, news personalisation, right to receive information}, }

10 Standards for Oversight and Transparency of National Intelligence Services external link

Eskens, S., van Daalen, O. & van Eijk, N.
Journal of National Security Law & Policy, vol. 8, num: 3, pp: 553-594, 2016

European Convention on Human Rights, frontpage, Privacy, Surveillance

Bibtex

Article{Eskens2016, title = {10 Standards for Oversight and Transparency of National Intelligence Services}, author = {Eskens, S. and van Daalen, O. and van Eijk, N.}, url = {http://jnslp.com/2016/07/25/10-standards-oversight-transparency-national-intelligence-services/ https://www.ivir.nl/publicaties/download/JNSLP_2016_3.pdf}, year = {0915}, date = {2016-09-15}, journal = {Journal of National Security Law & Policy}, volume = {8}, number = {3}, pages = {553-594}, keywords = {European Convention on Human Rights, frontpage, Privacy, Surveillance}, }

Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data? external link

van der Sloot, B.
JIPITEC, num: 3, pp: 230-244., 2015

Abstract

Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.

Big data, Ethiek, European Convention on Human Rights, Grondrechten, Privacy

Bibtex

Article{nokey, title = {Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data?}, author = {van der Sloot, B.}, url = {http://www.ivir.nl/publicaties/download/1558.pdf}, year = {0414}, date = {2015-04-14}, journal = {JIPITEC}, number = {3}, abstract = {Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.}, keywords = {Big data, Ethiek, European Convention on Human Rights, Grondrechten, Privacy}, }

Political Advertising Bans and Freedom of Expression external link

Fahy, R.
Greek Public Law Journal, pp: 226-228, 2015

Abstract

In Animal Defenders International v UK, the 17-judge Grand Chamber of the European Court of Human Rights ruled that the UK’s ban on political advertising on television, as applied to an animal rights organisation, did not violate freedom of expression. The Court divided nine votes to eight, with the majority opinion abandoning the Court’s previous ‘strict scrutiny’ review, and laying down a new doctrine for reviewing political advertising bans. This article, first, examines the role the composition of the Grand Chamber played in the outcome of the case. Second, questions the basis of the new doctrine of review. And third, criticises the majority’s treatment of precedent.

Broadcasting law, European Convention on Human Rights, Freedom of expression, Grondrechten, Parliamentary deference, Political advertising, Political speech, Vrijheid van meningsuiting

Bibtex

Article{nokey, title = {Political Advertising Bans and Freedom of Expression}, author = {Fahy, R.}, url = {http://www.ivir.nl/publicaties/download/1534.pdf}, year = {0414}, date = {2015-04-14}, journal = {Greek Public Law Journal}, abstract = {In Animal Defenders International v UK, the 17-judge Grand Chamber of the European Court of Human Rights ruled that the UK’s ban on political advertising on television, as applied to an animal rights organisation, did not violate freedom of expression. The Court divided nine votes to eight, with the majority opinion abandoning the Court’s previous ‘strict scrutiny’ review, and laying down a new doctrine for reviewing political advertising bans. This article, first, examines the role the composition of the Grand Chamber played in the outcome of the case. Second, questions the basis of the new doctrine of review. And third, criticises the majority’s treatment of precedent.}, keywords = {Broadcasting law, European Convention on Human Rights, Freedom of expression, Grondrechten, Parliamentary deference, Political advertising, Political speech, Vrijheid van meningsuiting}, }