Electronic Frontier Foundation (EFF)’s Post

BLOG | In our latest blog, Noyanika Batta unpacks the Bombay High Court's Split Verdict on Free Speech vs. Government Fact-Checking. Dive into the legal debate and explore the clash between online freedom and regulatory oversight. Read: https://lnkd.in/gchpRwNP #FreeSpeech #GovernmentOversight #BombayHighCourt

Supreme Court to Decide: Can Government Control What You Say Online? #censorship #freedomofexpressiononline #governmentauthorityinthedigitalage #governmentcollaborationwithbigtech #governmentinfluenceonprivateplatforms #internetgovernance #misinformationanddisinformation #onlinecontentmoderation #powerofBigTech #stateinterventioninonlinespeech #SupremeCourtFirstAmendmentcase

⏭ Despite what my facial expression might imply ;): It was a highly interesting, sometimes emotional and in any event relevant discussion I was glad to be part of. Unsurprisingly, seemingly irreconcilable views remain on the so-called #Zitierverbot. ⏭ This can only means one thing: Discussions have to continue, so that a solution can be found how to reconcile the freedom of press with the integrity of criminal proceedings - cf BGH, decision dated 27. June 2014 - 2 BvR 429/12, mn 26: ❗ The criminal provision is primarily intended to prevent parties to proceedings (...) from being affected in their impartiality by the premature publication of official documents. ❗ The bias that threatens to arise from an anticipated public discussion of official material - often combined with one-sided opinions or even evaluations directly aimed at exerting influence - and the dangers this poses for establishing the truth and for a fair judgment should be countered. Certainly to be continued...

Are state laws protecting or undermining free speech? 🗽 Join the discussion and gain valuable insights in our latest article: https://shorturl.at/mEPZ9 📣✍️ #FreeSpeech #AmericanConsumer #StateLaws

The government's new Bill C-63 proposing to regulate "harmful" online speech is badly drafted, ill-conceived, full of linguistic ambiguity and will, therefore, expand to the limits of human venality and maleficence. Lest you think that your particular identity group will receive protection due to this exercise of (mostly) unfettered bureaucratic power, you should recall some of the government's recent choices for hate speech monitors.

CCIA heads to the Supreme Court today with co-plaintiff NetChoice to fight for #FirstAmendment rights online. Check out what’s at stake for the #internet & freedom of speech in these landmark #tech cases:

I, along with Hunar write for the The Leaflet assessing Justice Gokhale's decision on the recent IT Rules amendment, the thrust of which was to validate the government's decision of appointing a fact-checking unit for identifying “fake, false or misleading" information on social media, and subsequently pressuring the social media intermediaries to remove such information. It was a split verdict, with Justice Patel ultimately striking down the amendment. In this piece, we argue that Justice Gokhale's approval of the proposed amendment does not sufficiently balance the conflicting interests of individual freedom of expression and legitimate state interests within the framework of proportionality. #techlaw #misinformation #fakenews #court #freedomofexpression #freedomofspeech #constitution

Today is an amazing day for #freedomofexpression in EU. After a long process, the European Parliament finally approved the Anti-SLAPPs Directive, setting up criteria to identify and dismiss these abusive lawsuits and protect democracy in our continent. Now, it's up to the Member States, that will have to transpose it in their national laws within the next two years. So the work is not over, but today we can celebrate. Here is the final text

Polish Police Arrest Two Convicted PiS Politicians who Took Refuge with President "Polish police on Tuesday arrested two politicians convicted of abuse of power who had taken refuge for hours in the palace of President Andrzej Duda, in a dramatic escalation of a standoff between the new and previous governments. Duda had welcomed the members of the former ruling party into the presidential palace as police went to their homes to arrest them. Polish media reported the men were arrested inside the palace. Warsaw police gave no details, saying only that the arrest was 'in accordance with the court order'. The development is the latest in the escalating dispute between the new government, led by Prime Minister Donald Tusk, and the conservative Law and Justice party [PiS] that governed Poland for eight years until last month following its defeat in a general election in October. Duda is closely aligned with Law and Justice and is making it clear that he will oppose Tusk’s agenda. Duda’s second and final term runs until mid-2025.0 Tusk accused the president of going along with actions by Law and Justice to create chaos and instability after its electoral defeat, saying that Duda 'must stop this spectacle, which is leading to a very dangerous situation'. The prime minister claimed that the president was obstructing justice by giving the wanted men refuge. At a news conference, he read out a section of the penal code that he alleged Duda had violated, which carries a prison term from three months to five years." #legalissues #europeanunion #poland

Following the recent writ petition challenging the IT Amendent Rules, Tanmay Durani and I, examine Justice Neela Gokhale’s verdict in light of Article 19 jurisprudence. We argue that while addressing concerns over misinformation is vital, it is equally important to ensure that regulations uphold fundamental rights, including freedom of expression. Our analysis centers on the application of the Puttuswamy test for proportionality, emphasizing the need for a balanced approach that considers legitimate state aims while safeguarding individual liberties. The piece is available at https://lnkd.in/giRVmT_8. #techlaw #misinformation #fakenews #court #freedomofexpression #freedomofspeech #constitution