This thesis uses our lived experience of speech online to analyse the most common justification for freedom of speech: the "marketplace of ideas" metaphor. It opens with an account of a conversation in the feminist blogosphere that explicitly addressed the operation of social power in discussion. The lessons of that conversation is compared to accounts of the marketplace of ideas metaphor offered by theorists like Sunstein, Fiss, and Boyd White, as well as more internet-oriented theorists like Lessig, Benkler and Balkin. From that, and building on the insights of critics like Fraser and Mansbridge, the thesis argues that we ought to reject the "liberal-economic" paradigm of the function of speech and deliberation in a democracy, and proposes that we replace the "marketplace of ideas" metaphor with that of a "critical democratic culture." The thesis concludes by illustrating the usefulness of that new metaphor through the example of hate speech.

Thesis (doctoral) - Universität, Mainz, 2008. / Includes bibliographical references and index.

Teisė į saviraiškos laisvę suteikia žmogui galimybę reikšti savo turimus įsitikinimus ir idėjas. Nors šiai teisei suteikiama ypatinga teisinė apsauga tiek Lietuvos, tiek tarptautiniuose teisiniuose dokumentuose, ji nėra absoliuti ir gali būti ribojama, siekiant apsaugoti kitų žmonių teises ir laisves bei kitus svarbius interesus. Pusiausvyros suradimas tarp kitų įstatymų saugomų vertybių ir nuomonės reiškimos laisvės yra svarbus kiekvienos valstybės teisinės sistemos uždavinys. Šio uždavinio įgyvendinime yra svarbu nustatyti tam tikrų nuomonės reiškimo laisvės sąlygų ribojimo būtinumą demokratinėje visuomenėje. Dažnai žmonės viešai reikšdami savo nuomonę pateikia tam tikrų faktų ir dalykų vertinimą, bet savo vertinimui nepateikia įrodymų, faktų, kad kiti žmonės galėtų įsitikinti jų vertinimų teisingumu. Jeigu tokia nuomonė nepažeidžia kitų įstatymuose saugomų vertybių, ji yra leidžiama. Nuomonių ir idėjų pliuralizmo egzistavimas visuomenėje yra ypač svarbus išreiškiant politinę kritiką, todėl nuomonių ribojimas, reikalaujant jas pagrįsti faktais, kliudytų išlaikyti demokratijos tęstinumą, nes žmonės vengtų reikšti savo nuomonę svarbiais visuomeninio gyvenimo klausimais. Nuomonės yra subjektyvūs vertinimai ir kurioms, skirtingai nei žiniai, nėra taikomas tiesos kriterijus. Kadangi nuomonės yra nepatikrinamos ir nuomonių įrodinėti nėra privaloma, negalima reikalauti ir jų paneigimo. Reikalavimas nuomonę pagrįsti faktais ar kitais įrodymais būtų saviraiškos laisvės suvaržymas... [toliau žr. visą tekstą] / Freedom of expression is one of the fundamental human rights. People can express themselves not only in private, but also in public and social life. This right is guaranteed in the constitutions of many states, international human rights and other legal documents. Exceptional legal protection for freedom of expression is justified because of it’s importance for maintaining stability of democracy. One of the main element of freedom of expression is the right to hold opinions without interference. The right to hold opinions allows people to express their views, beliefs and ideas verbally or in writing. Journalists, politicians and other society members can realize this right especially in the media, where their opinions reach many people. It is important that person who realizes his/her right in public to hold opinions, would not violate the rights of other people. When people express their opinions in public, they mostly express value – judgements about some facts. Often they don’t explain, why do they think so, don’t give some facts that could prove truth of their statements. Can always be allowed the opinion that is not grounded on facts? The main goal of this work is to establish, weather the human right to freedom of expression allows in public to express opinion that is not grounded on facts. Freedom of expression, as the right to hold opinions, is not absolute. Because of the conflict between the right to hold opinions and other rights, the right to hold opinions can be... [to full text]

This research study investigated the conceptions of press freedom from the Islamic perspective. It examined how certain segments of Malaysian society, including government officers, religious leaders, members of non-governmental organisations (NGOs) and members of political parties, perceive press freedom in their country. Compared to previous studies on media freedom or press freedom in Malaysia, this study offered a comprehensive analysis of variables significantly related to the conceptualisation and practice of press freedom, which include economic development, information and communication technologies (ICTs) and globalisation. One significant difference between this study and previous studies was the specific examination of Islamic conceptions of press freedom, which represents a major contribution to existing knowledge. As Malaysia is a complex multi-racial and multi-religious nation, factors such as national ideologies and cultural values were addressed when examining conceptions of press freedom. Due to the focus of the study, two types of framework were utilised: an Islamic theoretical framework and media theories developed by Western scholars. Methodologically, this study employed an ethnographic approach for analysing Islamic conceptualisations of press freedom. A combination of three qualitative research techniques - in-depth face-to-face interviews, examination of archival documents, and personal observations - was utilised to investigate the issues identified in relation to perceptions of press freedom in Malaysia. In-depth face-to-face interviews involved the participation of staff and members from ten organisations and individuals who were not affiliated with these organisations. The organisations involved in this study were: Ministry of Internal Security Malaysia (MOIS); Institute of Islamic Understanding Malaysia (IKIM); Islamic Da’wah Foundation Malaysia (YADIM); Muslim Youth Movement of Malaysia (ABIM); Pertubuhan Jamaah Islah Malaysia (JIM); Centre for Independent Journalism (CIJ); Suara Rakyat Malaysia (SUARAM); Islamic Party of Malaysia (PAS), People’s Justice Party (PKR); and Puteri UMNO. The archival documents analysed in this study were gathered from these ten organisations. However, due to certain organisational policies and security concerns, personal observations were only conducted at eight organisations, IKIM, YADIM, ABIM, JIM, CIJ, SUARAM, PAS and PKR. The data were analysed using thematic analysis. The results of the data analysis were triangulated to ascertain the extent to which the information obtained was consistent or inconsistent across sources. The findings of the study showed that there were diverse views among respondents on what constitutes an Islamic press freedom in a multi-racial and multi-religious Malaysia. Due to the different levels of Islamic understanding and divergent interpretations of Islam among Muslims, especially among members of political parties, this study also found that the Islamic theory of press freedom is a highly contested concept. More often than not, the respondents of these organisations claimed that Islamic conceptualisations of press freedom should be based on their personal versions of Islam.

This research study investigated the conceptions of press freedom from the Islamic perspective. It examined how certain segments of Malaysian society, including government officers, religious leaders, members of non-governmental organisations (NGOs) and members of political parties, perceive press freedom in their country. Compared to previous studies on media freedom or press freedom in Malaysia, this study offered a comprehensive analysis of variables significantly related to the conceptualisation and practice of press freedom, which include economic development, information and communication technologies (ICTs) and globalisation. One significant difference between this study and previous studies was the specific examination of Islamic conceptions of press freedom, which represents a major contribution to existing knowledge. As Malaysia is a complex multi-racial and multi-religious nation, factors such as national ideologies and cultural values were addressed when examining conceptions of press freedom. Due to the focus of the study, two types of framework were utilised: an Islamic theoretical framework and media theories developed by Western scholars. Methodologically, this study employed an ethnographic approach for analysing Islamic conceptualisations of press freedom. A combination of three qualitative research techniques - in-depth face-to-face interviews, examination of archival documents, and personal observations - was utilised to investigate the issues identified in relation to perceptions of press freedom in Malaysia. In-depth face-to-face interviews involved the participation of staff and members from ten organisations and individuals who were not affiliated with these organisations. The organisations involved in this study were: Ministry of Internal Security Malaysia (MOIS); Institute of Islamic Understanding Malaysia (IKIM); Islamic Da’wah Foundation Malaysia (YADIM); Muslim Youth Movement of Malaysia (ABIM); Pertubuhan Jamaah Islah Malaysia (JIM); Centre for Independent Journalism (CIJ); Suara Rakyat Malaysia (SUARAM); Islamic Party of Malaysia (PAS), People’s Justice Party (PKR); and Puteri UMNO. The archival documents analysed in this study were gathered from these ten organisations. However, due to certain organisational policies and security concerns, personal observations were only conducted at eight organisations, IKIM, YADIM, ABIM, JIM, CIJ, SUARAM, PAS and PKR. The data were analysed using thematic analysis. The results of the data analysis were triangulated to ascertain the extent to which the information obtained was consistent or inconsistent across sources. The findings of the study showed that there were diverse views among respondents on what constitutes an Islamic press freedom in a multi-racial and multi-religious Malaysia. Due to the different levels of Islamic understanding and divergent interpretations of Islam among Muslims, especially among members of political parties, this study also found that the Islamic theory of press freedom is a highly contested concept. More often than not, the respondents of these organisations claimed that Islamic conceptualisations of press freedom should be based on their personal versions of Islam.

This research study investigated the conceptions of press freedom from the Islamic perspective. It examined how certain segments of Malaysian society, including government officers, religious leaders, members of non-governmental organisations (NGOs) and members of political parties, perceive press freedom in their country. Compared to previous studies on media freedom or press freedom in Malaysia, this study offered a comprehensive analysis of variables significantly related to the conceptualisation and practice of press freedom, which include economic development, information and communication technologies (ICTs) and globalisation. One significant difference between this study and previous studies was the specific examination of Islamic conceptions of press freedom, which represents a major contribution to existing knowledge. As Malaysia is a complex multi-racial and multi-religious nation, factors such as national ideologies and cultural values were addressed when examining conceptions of press freedom. Due to the focus of the study, two types of framework were utilised: an Islamic theoretical framework and media theories developed by Western scholars. Methodologically, this study employed an ethnographic approach for analysing Islamic conceptualisations of press freedom. A combination of three qualitative research techniques - in-depth face-to-face interviews, examination of archival documents, and personal observations - was utilised to investigate the issues identified in relation to perceptions of press freedom in Malaysia. In-depth face-to-face interviews involved the participation of staff and members from ten organisations and individuals who were not affiliated with these organisations. The organisations involved in this study were: Ministry of Internal Security Malaysia (MOIS); Institute of Islamic Understanding Malaysia (IKIM); Islamic Da’wah Foundation Malaysia (YADIM); Muslim Youth Movement of Malaysia (ABIM); Pertubuhan Jamaah Islah Malaysia (JIM); Centre for Independent Journalism (CIJ); Suara Rakyat Malaysia (SUARAM); Islamic Party of Malaysia (PAS), People’s Justice Party (PKR); and Puteri UMNO. The archival documents analysed in this study were gathered from these ten organisations. However, due to certain organisational policies and security concerns, personal observations were only conducted at eight organisations, IKIM, YADIM, ABIM, JIM, CIJ, SUARAM, PAS and PKR. The data were analysed using thematic analysis. The results of the data analysis were triangulated to ascertain the extent to which the information obtained was consistent or inconsistent across sources. The findings of the study showed that there were diverse views among respondents on what constitutes an Islamic press freedom in a multi-racial and multi-religious Malaysia. Due to the different levels of Islamic understanding and divergent interpretations of Islam among Muslims, especially among members of political parties, this study also found that the Islamic theory of press freedom is a highly contested concept. More often than not, the respondents of these organisations claimed that Islamic conceptualisations of press freedom should be based on their personal versions of Islam.

This research study investigated the conceptions of press freedom from the Islamic perspective. It examined how certain segments of Malaysian society, including government officers, religious leaders, members of non-governmental organisations (NGOs) and members of political parties, perceive press freedom in their country. Compared to previous studies on media freedom or press freedom in Malaysia, this study offered a comprehensive analysis of variables significantly related to the conceptualisation and practice of press freedom, which include economic development, information and communication technologies (ICTs) and globalisation. One significant difference between this study and previous studies was the specific examination of Islamic conceptions of press freedom, which represents a major contribution to existing knowledge. As Malaysia is a complex multi-racial and multi-religious nation, factors such as national ideologies and cultural values were addressed when examining conceptions of press freedom. Due to the focus of the study, two types of framework were utilised: an Islamic theoretical framework and media theories developed by Western scholars. Methodologically, this study employed an ethnographic approach for analysing Islamic conceptualisations of press freedom. A combination of three qualitative research techniques - in-depth face-to-face interviews, examination of archival documents, and personal observations - was utilised to investigate the issues identified in relation to perceptions of press freedom in Malaysia. In-depth face-to-face interviews involved the participation of staff and members from ten organisations and individuals who were not affiliated with these organisations. The organisations involved in this study were: Ministry of Internal Security Malaysia (MOIS); Institute of Islamic Understanding Malaysia (IKIM); Islamic Da’wah Foundation Malaysia (YADIM); Muslim Youth Movement of Malaysia (ABIM); Pertubuhan Jamaah Islah Malaysia (JIM); Centre for Independent Journalism (CIJ); Suara Rakyat Malaysia (SUARAM); Islamic Party of Malaysia (PAS), People’s Justice Party (PKR); and Puteri UMNO. The archival documents analysed in this study were gathered from these ten organisations. However, due to certain organisational policies and security concerns, personal observations were only conducted at eight organisations, IKIM, YADIM, ABIM, JIM, CIJ, SUARAM, PAS and PKR. The data were analysed using thematic analysis. The results of the data analysis were triangulated to ascertain the extent to which the information obtained was consistent or inconsistent across sources. The findings of the study showed that there were diverse views among respondents on what constitutes an Islamic press freedom in a multi-racial and multi-religious Malaysia. Due to the different levels of Islamic understanding and divergent interpretations of Islam among Muslims, especially among members of political parties, this study also found that the Islamic theory of press freedom is a highly contested concept. More often than not, the respondents of these organisations claimed that Islamic conceptualisations of press freedom should be based on their personal versions of Islam.

This research study investigated the conceptions of press freedom from the Islamic perspective. It examined how certain segments of Malaysian society, including government officers, religious leaders, members of non-governmental organisations (NGOs) and members of political parties, perceive press freedom in their country. Compared to previous studies on media freedom or press freedom in Malaysia, this study offered a comprehensive analysis of variables significantly related to the conceptualisation and practice of press freedom, which include economic development, information and communication technologies (ICTs) and globalisation. One significant difference between this study and previous studies was the specific examination of Islamic conceptions of press freedom, which represents a major contribution to existing knowledge. As Malaysia is a complex multi-racial and multi-religious nation, factors such as national ideologies and cultural values were addressed when examining conceptions of press freedom. Due to the focus of the study, two types of framework were utilised: an Islamic theoretical framework and media theories developed by Western scholars. Methodologically, this study employed an ethnographic approach for analysing Islamic conceptualisations of press freedom. A combination of three qualitative research techniques - in-depth face-to-face interviews, examination of archival documents, and personal observations - was utilised to investigate the issues identified in relation to perceptions of press freedom in Malaysia. In-depth face-to-face interviews involved the participation of staff and members from ten organisations and individuals who were not affiliated with these organisations. The organisations involved in this study were: Ministry of Internal Security Malaysia (MOIS); Institute of Islamic Understanding Malaysia (IKIM); Islamic Da’wah Foundation Malaysia (YADIM); Muslim Youth Movement of Malaysia (ABIM); Pertubuhan Jamaah Islah Malaysia (JIM); Centre for Independent Journalism (CIJ); Suara Rakyat Malaysia (SUARAM); Islamic Party of Malaysia (PAS), People’s Justice Party (PKR); and Puteri UMNO. The archival documents analysed in this study were gathered from these ten organisations. However, due to certain organisational policies and security concerns, personal observations were only conducted at eight organisations, IKIM, YADIM, ABIM, JIM, CIJ, SUARAM, PAS and PKR. The data were analysed using thematic analysis. The results of the data analysis were triangulated to ascertain the extent to which the information obtained was consistent or inconsistent across sources. The findings of the study showed that there were diverse views among respondents on what constitutes an Islamic press freedom in a multi-racial and multi-religious Malaysia. Due to the different levels of Islamic understanding and divergent interpretations of Islam among Muslims, especially among members of political parties, this study also found that the Islamic theory of press freedom is a highly contested concept. More often than not, the respondents of these organisations claimed that Islamic conceptualisations of press freedom should be based on their personal versions of Islam.

This research study investigated the conceptions of press freedom from the Islamic perspective. It examined how certain segments of Malaysian society, including government officers, religious leaders, members of non-governmental organisations (NGOs) and members of political parties, perceive press freedom in their country. Compared to previous studies on media freedom or press freedom in Malaysia, this study offered a comprehensive analysis of variables significantly related to the conceptualisation and practice of press freedom, which include economic development, information and communication technologies (ICTs) and globalisation. One significant difference between this study and previous studies was the specific examination of Islamic conceptions of press freedom, which represents a major contribution to existing knowledge. As Malaysia is a complex multi-racial and multi-religious nation, factors such as national ideologies and cultural values were addressed when examining conceptions of press freedom. Due to the focus of the study, two types of framework were utilised: an Islamic theoretical framework and media theories developed by Western scholars. Methodologically, this study employed an ethnographic approach for analysing Islamic conceptualisations of press freedom. A combination of three qualitative research techniques - in-depth face-to-face interviews, examination of archival documents, and personal observations - was utilised to investigate the issues identified in relation to perceptions of press freedom in Malaysia. In-depth face-to-face interviews involved the participation of staff and members from ten organisations and individuals who were not affiliated with these organisations. The organisations involved in this study were: Ministry of Internal Security Malaysia (MOIS); Institute of Islamic Understanding Malaysia (IKIM); Islamic Da’wah Foundation Malaysia (YADIM); Muslim Youth Movement of Malaysia (ABIM); Pertubuhan Jamaah Islah Malaysia (JIM); Centre for Independent Journalism (CIJ); Suara Rakyat Malaysia (SUARAM); Islamic Party of Malaysia (PAS), People’s Justice Party (PKR); and Puteri UMNO. The archival documents analysed in this study were gathered from these ten organisations. However, due to certain organisational policies and security concerns, personal observations were only conducted at eight organisations, IKIM, YADIM, ABIM, JIM, CIJ, SUARAM, PAS and PKR. The data were analysed using thematic analysis. The results of the data analysis were triangulated to ascertain the extent to which the information obtained was consistent or inconsistent across sources. The findings of the study showed that there were diverse views among respondents on what constitutes an Islamic press freedom in a multi-racial and multi-religious Malaysia. Due to the different levels of Islamic understanding and divergent interpretations of Islam among Muslims, especially among members of political parties, this study also found that the Islamic theory of press freedom is a highly contested concept. More often than not, the respondents of these organisations claimed that Islamic conceptualisations of press freedom should be based on their personal versions of Islam.

Thesis (doctoral)--Universität Köln, 2006. / Includes bibliographical references (p. xix-xlvi).