Freedom of Expression in an Unequal World
02/09/22 • 32 min
Guests featured in this episode:
Irene Khan, the first woman to ever hold the mandate of UN Special Rapporteur for Freedom of Opinion and Expression.
She is also a Distinguished Fellow and Research Associate at the Graduate Institute's Albert Hirschman Centre on Democracy.
Previously, Irene Khan was Secretary-General of Amnesty International (2001-2009) and Director-General of the International Development Law Organization (2010 to 2019).
Democracy in Question? is brought to you by:
• Central European University: CEU
• The Albert Hirschman Centre on Democracy in Geneva: AHCD
• The Podcast Company: Novel
Glossary for this episode...
Who is Maria Ressa?
(00:5:22 or p.2 in the transcript)
Maria Ressa, in full Maria Angelita Ressa, Filipino-American journalist who, through Rappler, the Manila-based digital media company for investigative journalism that she cofounded, became known for detailing the weaponization of social media and for exposing government corruption and human rights violations. Her reporting led to a backlash from the Philippine government, and Ressa, who holds dual citizenship, became an international symbol of the fight for freedom of the press in hostile circumstances. With Russian journalist Dmitry Muratov, she was awarded the 2021Nobel Peace Prize, cited for using “freedom of expression to expose abuse of power, use of violence, and growing authoritarianism in her native country.” Source
What was the insurrection of Capitol Hill in 2021?
(00:6:02 or p.2 in the transcript)
United States Capitol attack of 2021, storming of the United States Capitol on January 6, 2021, by a mob of supporters of Republican President Donald J. Trump. The attack disrupted a joint session of Congress convened to certify the results of the presidential election of 2020, which Trump had lost to his Democratic opponent, Joe Biden. Because its object was to prevent a legitimate president-elect from assuming office, the attack was widely regarded as an insurrection or attempted coup d’état. The FBI and other law-enforcement agencies also considered it an act of domestic terrorism. For having given a speech before the attack in which he encouraged a large crowd of his supporters near the White House to march to the Capitol and violently resist Congress’s certification of Biden’s victory—which many in the crowd then did—Trump was impeached by the Democratic-led House of Representatives for “incitement of insurrection” (he was subsequently acquitted by the Senate). Source
What is the Facebook Oversight Board?
(00:18:49 or p.4 in the transcript)
The Oversight Board was created to help Facebook answer some of the most difficult questions around freedom of expression online: what to take down, what to leave up, and why.
The board uses its independent judgment to support people’s right to free expression and ensure those rights are being adequately respected. The board’s decisions to uphold or reverse Facebook’s content decisions will be binding, meaning Facebook will have to implement them, unless doing so could violate the law.
The purpose of the board is to promote free expression by making principled, independent decisions regarding content on Facebook and Instagram and by issuing recommendations on the relevant Facebook company content policy.
When fully staffed, the board will consist of 40 members from around the world that represent a diverse set of disciplines and backgrounds. These members will be empowered to select content cases for review and to uphold or reverse Facebook’s content decisions. The board is not designed to be a simple extension of Facebook’s existing content review process. Rather, it will review a select number of highly emblematic cases and determine if decisions were made in accordance with Facebook’s stated values and policies. Source
What is a platform law?
(00:21:06 or p.5 in the transcript)
The internet would seem to be an ideal platform for fostering norm diversity. The very structure of the internet resists centralized governance, while the opportunities it provides for the “long tail” of expression means even voices with extremely small audiences can find a home. In reality, however, the governance of online speech looks much more monolithic. This is largely a result of private “lawmaking” activity by internet intermediaries. Increasingly, social media companies like Facebook and Twitter are developing what David Kaye, UN Special Rapporteur for the Promotion and Protection of the Righ...
Guests featured in this episode:
Irene Khan, the first woman to ever hold the mandate of UN Special Rapporteur for Freedom of Opinion and Expression.
She is also a Distinguished Fellow and Research Associate at the Graduate Institute's Albert Hirschman Centre on Democracy.
Previously, Irene Khan was Secretary-General of Amnesty International (2001-2009) and Director-General of the International Development Law Organization (2010 to 2019).
Democracy in Question? is brought to you by:
• Central European University: CEU
• The Albert Hirschman Centre on Democracy in Geneva: AHCD
• The Podcast Company: Novel
Glossary for this episode...
Who is Maria Ressa?
(00:5:22 or p.2 in the transcript)
Maria Ressa, in full Maria Angelita Ressa, Filipino-American journalist who, through Rappler, the Manila-based digital media company for investigative journalism that she cofounded, became known for detailing the weaponization of social media and for exposing government corruption and human rights violations. Her reporting led to a backlash from the Philippine government, and Ressa, who holds dual citizenship, became an international symbol of the fight for freedom of the press in hostile circumstances. With Russian journalist Dmitry Muratov, she was awarded the 2021Nobel Peace Prize, cited for using “freedom of expression to expose abuse of power, use of violence, and growing authoritarianism in her native country.” Source
What was the insurrection of Capitol Hill in 2021?
(00:6:02 or p.2 in the transcript)
United States Capitol attack of 2021, storming of the United States Capitol on January 6, 2021, by a mob of supporters of Republican President Donald J. Trump. The attack disrupted a joint session of Congress convened to certify the results of the presidential election of 2020, which Trump had lost to his Democratic opponent, Joe Biden. Because its object was to prevent a legitimate president-elect from assuming office, the attack was widely regarded as an insurrection or attempted coup d’état. The FBI and other law-enforcement agencies also considered it an act of domestic terrorism. For having given a speech before the attack in which he encouraged a large crowd of his supporters near the White House to march to the Capitol and violently resist Congress’s certification of Biden’s victory—which many in the crowd then did—Trump was impeached by the Democratic-led House of Representatives for “incitement of insurrection” (he was subsequently acquitted by the Senate). Source
What is the Facebook Oversight Board?
(00:18:49 or p.4 in the transcript)
The Oversight Board was created to help Facebook answer some of the most difficult questions around freedom of expression online: what to take down, what to leave up, and why.
The board uses its independent judgment to support people’s right to free expression and ensure those rights are being adequately respected. The board’s decisions to uphold or reverse Facebook’s content decisions will be binding, meaning Facebook will have to implement them, unless doing so could violate the law.
The purpose of the board is to promote free expression by making principled, independent decisions regarding content on Facebook and Instagram and by issuing recommendations on the relevant Facebook company content policy.
When fully staffed, the board will consist of 40 members from around the world that represent a diverse set of disciplines and backgrounds. These members will be empowered to select content cases for review and to uphold or reverse Facebook’s content decisions. The board is not designed to be a simple extension of Facebook’s existing content review process. Rather, it will review a select number of highly emblematic cases and determine if decisions were made in accordance with Facebook’s stated values and policies. Source
What is a platform law?
(00:21:06 or p.5 in the transcript)
The internet would seem to be an ideal platform for fostering norm diversity. The very structure of the internet resists centralized governance, while the opportunities it provides for the “long tail” of expression means even voices with extremely small audiences can find a home. In reality, however, the governance of online speech looks much more monolithic. This is largely a result of private “lawmaking” activity by internet intermediaries. Increasingly, social media companies like Facebook and Twitter are developing what David Kaye, UN Special Rapporteur for the Promotion and Protection of the Righ...
Previous Episode
Governance in Illiberal Democracies
Guests featured in this episode:
Professor Andras Sajo, former judge at the European Court of Human Rights & founding Dean of Legal Studies Department at the Central European University,
Democracy in Question? is brought to you by:
• Central European University: CEU
• The Albert Hirschman Centre on Democracy in Geneva: AHCD
• The Podcast Company: Novel
Follow us on social media!
• Central European University: @CEU
• Albert Hirschman Centre on Democracy in Geneva: @AHDCentre
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Bibliography:
- Constitutional Topography: Values and Constitutions by Andras Sajo& Renata Uitz (editors) Eleven International Publishing, 2010
- Ruling by Cheating: Governance in Illiberal Democracy by Andras Sajo, Cambridge University Press, 2021
- Oxford Handbook of Comparative Constitutional Law Michel Rosenfeld &Andras Sajo (editors) Oxford University Press, 2013
Glossary:
What is Max Weber’s view on charismatic leadership?
(at 00:9:20 or pg. 2 in the transcript)
In his essay “The Three Types of Legitimate Rule” published in 1958, the influential German sociologist Max Weber introduced his theory of authority which was based on tripartite classifications of authority: traditional authority, rational-legal authority and charismatic authority (also referred to as charismatic leadership or domination). According to Weber, order is based on two fundamental forms: norms and authority.
Charismatic leadership, according to Weber, is found in a leader with extraordinary characteristics of individual, whose mission and vision inspire others. In such, this charismatic leader is seen as the head of any social or political movement, sometimes gifted with divine powers such as: religious prophets and Gurus. However, charismatic leadership is considered unstable as it is related to faith and belief; once these fade, the authority and leadership dissolve.
Thus, charismatic authority depends on the extent to which a religious or political figure is able to preserve moral influence and prosperity to his followers. Weber favoured charismatic leadership and saw its inevitable influence over the other two authorities with the use of soft power in both the traditional and legal-rational authorities. Source
What is India’s Citizenship Amendment Act?
(at 00:21:51 or pg. 5 in the transcript)
In December 2019, the Indian Parliament passed the Citizenship Amendment Act 2019. The Act amended the law to fast-track citizenship for religious minorities, specifically Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, from Afghanistan, Bangladesh and Pakistan who entered India prior to 2015. However, the Act does not extend to Muslim minorities, for example: the Ahmadiyya from Pakistan; the Rohingya from Myanmar; and the Tamil from Sri Lanka. Opponents of the Act have claimed that it is unconstitutional as it links citizenship to religion and marginalises India’s Muslim population. However, the Government has argued that the law protects religious minorities.
The Act has been referred to the Indian Supreme Court. In January 2020, the Court said it would not put the implementation of the law on hold but asked the Government to respond to the petitions challenging the law’s constitutional validity within a month.
Some Indian states have announced that they will not implement the law. However, the Government has stated that states have a “constitutional duty” to do so.
The Act has led to widespread protests, with activists and human rights organisations, such as Amnesty International, criticising the police and the Government for the response. Source
What is the concept of constitutional patriotism?
(at 00:23:02 or pg. 5 in the transcript)
The purpose of constitutional patriotism, -Jürgen Habermas's well-known theory- as a set of beliefs and dispositions, is to enable and uphold a liberal democratic form of rule that free and equal citizens can justify to each other. The object of patriotic attachment is a specific constitutional culture that mediates between the universal and the particular, while the mode of attachment is one of critical judgment. Finally, constitutional patriotism results in a number of policy recommendations that are clearly different from...
Next Episode
The Genealogy of Illiberalism
Guests featured in this episode:
Renata Uitz, is the co-editor of Handbook of Illiberalism, who has contributed two chapters to it as well. Renata is also professor of Comparative Constitutional Law at the Central European University, Vienna, as well as the co-director of its Democracy Institute in Budapest.
Helena Rosenblatt is a professor of history, French, and political theory at the Graduate Center of The City University of New York, and the author of both Liberal Values: Benjamin Constant and the Politics of Religion andThe Lost History of Liberalism: From Ancient Rome to the Twenty-First Century. Helena has also submitted an article on “The History of Illiberalism” in the Routledge Handbook of Illiberalism (2022).
Glossary
What was the Reign of Terror?
(pg. 2 of the transcript or 00:7:58)
The Reign of Terror (June 1793 – July 1794) was a period in the French revolution characterized by brutal repression. The Terror originated with a centralized political regime that suspended most of the democratic achievements of the revolution, and intended to pursue the revolution on social matters. Its stated aim was to destroy internal enemies and conspirators and to chase the external enemies from French territory.The Terror as such started on September 5, 1793 and, as the Reign of Terror, lasted until the summer of 1794, taking the lives of anywhere between 18,000 to 40,000 people (estimates vary widely). Thousands would die by means of the guillotine, including many of the greatest lights of the revolution, like Georges Danton.. The deaths can be explained in part by the sense of emergency that gripped the revolutionary leadership as the country teetered on the brink of civil war. Source
Who was John Stuart Mill?
(pg. 3 of the transcript or 00:12:19)
John Stuart Mill, an English philosopher, economist, and exponent of utilitarianism. He was prominent as a publicist in the reforming age of the 19th century, and remains of lasting interest as a logician and an ethical theorist.The influence that his works exercised upon contemporary English thought can scarcely be overestimated, nor can there be any doubt about the value of the liberal and inquiring spirit with which he handled the great questions of his time. Beyond that, however, there has been considerable difference of opinion about the enduring merits of his philosophy. Source
Who was Alexis de Tocqueville?
(pg. 3 of the transcript or 00:12:27)
Alexis de Tocqueville, French sociologist, political scientist, historian, and politician, best known for Democracy in America (1835–40). Tocqueville traveled to the United States in 1831 to study its prisons and returned with a wealth of broader observations that he codified in “Democracy in America”, one of the most influential books of the 19th century. With its trenchant observations on equality and individualism, Tocqueville’s work remains a valuable explanation of America to Europeans and of Americans to themselves. Tocqueville’s works shaped 19th-century discussions of liberalism and equality, and were rediscovered in the 20th century as sociologists debated the causes and cures of tyranny. Source
What does cancel culture mean?
(pg. 6 of the transcript or 00:32:27)
Cancel culture refers to the popular practice of withdrawing support for (canceling) public figures and companies after they have done or said something considered objectionable or offensive. Cancel culture is generally discussed as being performed on social media in the form of group shaming. Source
Democracy in Question? is brought to you by:
• Central European University: CEU
• The Albert Hirschman Centre on Democracy in Geneva: AHCD
• The Podcast Company: Novel
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