Criminal procedure, the public and media - abstract The public principle is a fundamental element of the right to a fair trial. This public character protects litigants against the secret administration of justice with no public scrutiny. Public hearing also fulfils the educational and preventive function. Therefore there must be sufficient legal reasons to justify an exclusion of the public. The right of the public to receive information and the media's right to disseminate information are tied with the public control of the judiciary. Courts do not operate in a vacuum and criminal cases may be a subject to public debates. However, none of this is happening without any regulation. The freedom of expression has also its limits. As the personality rights and the presumption of innocence stand at the same level as this freedom. Media play two important roles in criminal proceedings. First role consists of dissemination of information (within the public interest) about ongoing criminal proceedings. This important task has several results. One is development of general prevention, when state tries to influence the society as whole, another is assistance with finding a missing person. Second role of media is interfaced with supervision. Information provided by media facilitate to control criminal proceedings....

The present thesis is constructed upon the findings of a two month long field research, a Minor Field Study (MFS), in Casablanca, Morocco between February and April 2017. The aim is to understand how Moroccan satirical journalists can be understood in relation to the Moroccan media, and seeks out to answer the following research questions: 1) how can the relationship between Moroccan satirists and the majority media be theorized, and 2) how do the satirists relate to journalistic ideals in regard to the truth? The thesis was conducted by applying semi-structured interviews with six satirical journalists. The analysis is based on theories on public spheres, counterpublics, juxtaposition and journalistic ideals, and evolves as a discussion that intertwines the Moroccan and global media arena and the rise of a subjective narrative in global journalism. This thesis concludes that the Moroccan satirists are driven by ideals that are substantially in line with that which we connect to journalism. And while there are reasons to believe that the satirists of this thesis are countering the Moroccan media – a conclusion supported by factors such as hegemony, expression and content – I argue that it is more accurate to define the relationship between satirist and the dominant media as a juxtaposition. This is supported by the way the satirists view their work – accentuating the need to be truthful, responsible, and by acting as the public's surrogate when interrogating and questioning the power elite.

The Internet is one of the phenomenons of our time. As of speed and reach it surpasses all media on the world and unlike every other medium it actively engages all people to the process of creating the news. Basic attributes of the Internet make it a power standing above states -- it crosses national borders and doesn't have any direct owner -- and at the same time these attributes make it a power that is practically almost unregulatable. The Internet is regulated on a national level, but there are attempts to pay attention to it on the international level as well. The UN, Human Rights Council especially, examines the issue of the access to the Internet as a human right. This thesis examnies the effort of international community to formulate right to Internet as a human right. The right to Internet can be observed in two ways -- as a right to the content of the Internet and as a right to the technology of the Internet. This thesis observes both these dimensions and examines the international community's stance to their incorporation in the catalogue of human rights.

Verbal hate speech and the legitimacy of its criminal punishment Hate speech has been enjoying an elevated level of media attention in the last few years. These biased expressions of hate - most often verbal - targeted against specific groups of people are a manifestation of social antagonisms and as such, disturb public order and coexistence of people; furthermore, they are often associated with issues of prejudice, bias-motivated violence, xenophobia, discrimination, and extremism. Criminal punishment of this type of expression is already possible today and it can be reasonably expected to become increasingly important. The purpose of this thesis is a critical review concerning the legitimacy of criminal punishment of verbal hate speech in the Czech Republic, including identification of troublesome elements of the current legislation. Conclusions of this review shall stem primarily from the legal analysis of constituent elements of relevant crimes, commentary literature, jurisprudence and legal literature related to the topic. The first chapter aims to explain the central concepts - hate speech, verbal hate speech and the relationship between them. A closer look is given to the phenomenon which links these concepts together and, at the same time, constitutes an inherent part of them both: biased...

[pt] O presente trabalho aborda o potencial de conflito entre a liberdade de expressão e a legislação de direito autoral, apontando como este se desenvolve no contexto das novas tecnologias digitais. O estudo indica que as novas tecnologias digitais e a internet ampliaram drasticamente as possibilidades de cada indivíduo acessar informação e se manifestar, muitas vezes retrabalhando conteúdo protegido por direito autoral, enquanto as regras de proteção ao autor foram se tornando cada vez mais rígidas, tanto no âmbito doméstico como no internacional. Em meio a essas duas engrenagens (tecnologia e direito de autor) que se movem em sentidos opostos está a garantia constitucional à liberdade de expressão, cuja relação com o direito autoral tem sido amplamente ignorada no Brasil e, em menor grau, também no exterior. O trabalho apresenta uma análise de como estes dois direitos de status constitucional dialogam, afastando a noção de que não haveria um conflito em função das salvaguardas à livre expressão embutidas na legislação autoral. A partir da dinâmica imposta pelas novas tecnologias, este estudo indica que o direito à liberdade de expressão precisa ser reinterpretado e ressiginificado, bem como aponta algumas novas fronteiras em que se dará este emergente debate. / [en] This paper addresses the potential conflict between freedom of expression and copyright law, pointing out how this conflict is developed in the context of new digital technologies. The study indicates that while new digital technologies and the Internet dramatically expanded the possibilities of each individual to access information and to express freely – often reworking content protected by copyright – the standards of copyright protection are increasing, both within domestically and internationally. In between these two gears (technology and copyright) that move in opposite directions, we find the constitutional guarantee of freedom of expression, whose relationship with the copyright has been largely ignored in Brazil and to a lesser extent, abroad. The paper presents an analysis of how these two rights of constitutional status dialogue, dispelling the notion no conflict could exist considering that existence of free expression safeguards built into copyright law. Departing from the dynamics imposed by new technologies, the study indicates that the right to freedom of expression needs to be reinterpreted and reshaped, pointing out some new frontiers where this emerging debate will take place.

Thesis title The right to be forgotten in the context of a modern concept of personal data protection in the EU and the USA Abstract The main topic of the thesis is the analysis of the right to be forgotten and its place in today's digital world and information society. In particular, the author discusses a different approach to the protection of personal data in Europe and in the United States of America within the context of the conflict between right to privacy and freedom of expression and right to free access to information. The author describes different conceptions of significance of these rights and different value ladder in connection in their mutual assessment. Based on outlining the different approaches to aforementioned rights, the author examines the inclusion of the right to be forgotten within the two legal cultures and consequently examines different forms of the right to be forgotten. Such forms are introduced in the context of privacy rights in the European union and presented in the was, how the legislation has been developing as the privacy laws evolved. Author closely examines the case-law of the Court of Justice of the European Union which is focused on right to be forgotten. Attention is also paid to the practical implementation of the right to be forgotten in accordance with the...

[pt] A Liberdade de Expressão é um direito essencial e amplamente reconhecido em uma sociedade democrática. Entretanto, o consenso sobre os limites da estimada liberdade está longe de ser alcançado, principalmente no que tange a ofensa religiosa, por envolver crenças e valores tidos como sagrados. A partir da constatação de que o estabelecimento de limites precisos para a ofensa religiosa é uma questão especialmente delicada em países cuja população é muito religiosa - como é o caso do Brasil -, ressalta-se a importância do presente trabalho. O primeiro desafio é explorar questões que rondam a própria conceituação do discurso de ódio: estaria uma ofensa relacionada à crença, e não propriamente à pessoa ou grupo de pessoas, apta a afetar a dignidade dos ofendidos? A quem cabe decidir quais casos serão ou não acobertados pelo direito à livre expressão? A partir da análise de doutrina e jurisprudência estrangeira, este trabalho propõe, principalmente, que decisões judiciais envolvendo discursos de ódio devem ser orientadas por critérios específicos que possam auxiliar o magistrado no procedimento decisório. Por isso, é essencial refletir sobre a importância dos standards internacionais e sua possível aplicação no sistema brasileiro. / [en] Freedom of Expression is an essential right, widely recognized in a democratic society. However, there is no consensus on the limits of the esteemed freedom, especially in regard to religious offense, because it involves beliefs and values regarded as sacred. Based on the fact that the establishment of precise limits for religious offense is an especially delicate issue in countries with a very religious population - as is the case of Brazil -, the importance of this Thesis is emphasized. The first challenge is to explore issues that involve the conceptualization of hate speech: would it be an offense related to belief, and not to the person or group of people, capable of affecting the dignity of the offended? Who should decide which cases will be covered by the freedom of speech? From the analysis of foreign doctrine and jurisprudence, this Master s Thesis proposes, mainly, that judicial decisions involving hate speech should be guided by specific criteria that may assist the magistrate in the decision making process. Therefore, it is essential to reflect on the importance of international standards and their possible application in the Brazilian system.

Abstract This study investigates the legal discourse in case law regarding the violation of freedom of expression for human rights defenders, in order to examine how they are represented by states and within an international legal framework. There are still gaps in research trying to explain how and why HRDs get prosecuted for their work of promoting and continuing the respect for human rights. Through employing a critical discourse analysis on legal cases concerning HRDs, while applying the perspective of international legal documents and of the critical theory on power, the current thesis presents depictions of how HRDs are represented in discourse by States and International bodies. The focus here is to identify guidelines of legal protection and at the same time to observe the ways of governments legitimizing violations of the rights of HRDs.

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