| Should There Be Restrictions On What People Say On The Internet? |
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| Written by Nosa Olotu | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Friday, 03 August 2007 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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New opportunities for people to have their concerns on a wide variety of issues heard and to exchange ideas with the world community have been provided by the rapid growth in the Internet and Internet technologies. Prominent amongst these concerns are matters affecting how they are governed and the conduct of multi-national corporations.
Today, on the Internet, there are various discussion forums where people post comments and exchange ideas on various matters of interest to them. The main objectives of these discussion forums are to promote the right to free speech and to encourage and promote the sharing of knowledge and ideas.
One needs to understand how the idea of free speech originally arose in order to understand why it is necessary to have a free speech. Some people argue that it will also help to understand the boundaries of free speech beyond which it becomes necessary to have certain controls to limit its negative consequences.
The concept of rights to free speech has its historical root in the days when powerful and important religious and political ideas were being suppressed by the establishment of the time. But Rights" necessarily imply responsibilities on the part of those seeking refuge in them. Today, it is hard to see many people posting comments on the Internet being capable of recognising that fact.
Most people who advocate free speech do not understand what it really means when viewed in the context of the Internet. We must be clear about one thing, "free speech" doesn't necessarily include the right to incite or commit crimes. The criminal law has long recognised this and will continue to do so. In other words, the right to free speech is not absolute but the degree of freedom varies from country to country. However, we must recognise that certain moves against free speech on the Internet will inevitably end up being used for political purposes. We must also guard against that.
A significant majority of these Internet forums are unregulated and allow people to say whatever they want to say, however and whenever they want to say it. All that is required is a personal computer and access to the Internet. Many commentators have used the forums to wage an ill-motivated propaganda war against a legitimate government so as to influence its policies towards the direction they advocate.
Some extreme rightwing groups are also using the Internet to promote hatred and/or violence against some ethnic and religious groups. Criminals groups under the disguise of promoting choice and freedom of speech are using the Internet to promote indecency. Others are knowingly sending and sharing information that breach copyright law.
A recent case example was DRM key that was mistakenly published by AACS. The key allows users to play the HDDVD disks on any HDDVD player of your choice. That is if you buy a DRM infested disk, the manufacturer who create it wanted you to play it only on the device they want and the output they want. Someone saw it and passed the information round for everyone to use. The question therefore was whether such a conduct could be defended under the principles of free speech. Can one really justify cracking the DRM? Why must a consumer who doesnt agree with the copy protection that a particular medium employs buy it? If everyone adopts similar attitude why must we expect a manufacturer to spend huge sums on product research and development?
The above reflects the misunderstanding people have of what really is freedom of speech. You are at liberty to buy or not to buy that particular brand of DVD. A right to watch a DVD that you have purchased, whenever and wherever you please is a right that you can only exercise at that point in time when you chose that brand knowing its limitations.
Imagine a situation where someone came across your personal details (including your full names, address, bank account details and cash point card personal identification number) and decided to publish them on the Internet. Would you consider that a free speech? I guess your answer will be NO, It would be inviting people to rob you, which is exactly what this DRM key was doing.
The Internet remains one of the greatest creations of mankind. Accepting that we are being watched, the Internet allows a place to exist where people can say what they think and throw tantrums via their personal computers keyboards without fear of persecution. Of course, as often the case with everything else, there are some people who will abuse this facility in an abhorrent way to physically, emotionally, and mentally hurt people. In these cases free speech should be overruled.
There is no doubt that we all want free speech on the Internet. We need to ask ourselves if free speech without accountability can be allowed. The Internet today is full of bullying and profanities. There has to be a rule that clearly requires you to be able to defend whatever you write. There must be a way to regulate the system such that anonymous postings by people can be traced back to them should there be a need to.
If the Internet is to be regulated it must be within acceptable international law, with due regards to the fundamental human rights convention and enforceable only by those countries that are signatories to that charter.
Some people argue that the Internet is difficult to police. Others do not share that view. The ISP through which the comments were made can suspend the offending website. An ISP who is a persistent offender can itself be suspended. The same goes for the country. The whole rot would soon clean up.
People should be allowed to say what they feel about issues without unnecessary regulatory restraints. However the overriding principle should be sincerity of purpose in any comments. Therefore effective impartial moderation can achieve the required objective of preventing abuse of the freedom of speech that the Internet provides.
Let me sum this up with the following comment by John Paul Stevens (Associate Justice of the Supreme Court of the United States): "Just as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom of mind, so also the individuals freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority."
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Posted by Robot| 03.08.2007 13:17