Right to freedom of expression in conditions of information technologies development

AutorLeonid O. Iemets - Alla H. Pyshna - Kateryna V. Hridi
CargoDniprovskii University of the Humanities - Odessa State University of Internal Affairs - Dnipropetrovsk State University of Internal Affairs
Páginas1030-1045
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito Centro de Ciências Jurídicas - Universidade Federal da Paraíba V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
1030
RIGHT TO FREEDOM OF EXPRESSION IN CONDITIONS OF
INFORMATION TECHNOLOGIES DEVELOPMENT
Leonid O. Iemets
1
Alla H. Pyshna
2
3
aKateryna V. Hridin
Abstract: The relevance of the study is
stipulated by the need to rethink the
essence and content of the right to
Freedom of expression, which by virtue
of the development of information
technology has acquired new values in
the information society. The
development of the Internet has fostered
the emergence of new human rights
related to the right to Freedom of
expression. The purpose of the article is
to summarize existing approaches to
understanding the Right to Freedom of
expression, to identify correlation with
other rights, taking into account the
impact of information technology
development on human rights, and to
formulate provisions that may be basis
for improving the legislation and
activities of public authorities as to
certain rights provision. The study is
based on a dialectical approach, which
necessitates the clarification of certain
1
mail: -Dniprovskii University of the Humanities, Yermolova Street, 35, Dnipro, 49033, Ukraine. E
l.o.iemets@tanu.pro
2
ffairs, Uspenska Street, 1, Odessa, 65014, UkraineOdessa State University of Internal A
3
Dnipropetrovsk State University of Internal Affairs, Gagarin Avenue, 26, Dnipro, 49005, Ukraine
aspects of the formation and
development of the Right to Freedom of
expression and its interrelation with
other human rights. As a result of the
study it is found that the Right to
Freedom of expression was significantly
influenced by the development of the
Internet. The Internet has become a
factor in the formation of a new
generation of human rights, which are
expedient to call digital rights. These
rights include the right to be forgotten,
the right to access to the Internet. The
main provisions of the article can be used
for further study of the right to Freedom
of expression and digital rights, and can
also be useful for non-governmental
human rights organizations and public
authorities to strengthen human rights
guarantees.
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito Centro de Ciências Jurídicas - Universidade Federal da Paraíba V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
1031
Keywords: human rights, the Internet,
digital rights, criminal investigation,
proportionality.
Introduction
The right to Freedom of
expression is one of recognized
internationally human rights. Freedom of
expression is enshrined in the Universal
Declaration of Human Rights (1948), the
Convention for the Protection of Human
Rights and Fundamental Freedoms
(1950), and the International Covenant
on Civil and Political Rights (1966).
Like any human right, Freedom of
expression is fundamental, natural, and
inalienable. The Right to Freedom of
expression provides the implementation
of fundamental needs, describes the
autonomy of the individual. Without this
right, a person ceases to be a person in a
social sense (the axiological aspect of
law and human rights has been
systematically covered by A. Kuchuk, L.
Serdiuk, and Y. Zavhorodnia (Kuchuk et
al., 2019)). The Right to Freedom of
expression is seen as a fundamental
value in a democratic society (Restrepo,
2013), a means of political regulation
and social control (Richard and John,
2019). Although it is worth emphasizing
that there are some cultural differences in
defining the role of Freedom of
expression, in particular within
individualist cultures and collectivist
cultures. This provision became the basis
of researches by M.J. Alvarez and M.
Kemmelmeier (Alvarez and
Kemmelmeier, 2018).
The Right to Freedom of
expression ensures the pluralism of
views within society, which is a factor
for its improvement and development,
preserves the multiculturalism in the
world, allowing society to control public
authorities. Democracy is not just about
the participation of population in the
elections of public authorities, and in the
development of its institutions.
Democracy envisages such social
interaction, which creates opportunities
for development not only of society but
of every individual as well.
However, in the information
society the Right to Freedom of
expression acquires new connotations,
which necessitates a rethinking of the
content and essence of this right. Thus,
the development of information
technology has a predominantly positive
impact on the implementation of human
rights (including Freedom of
expression), however, these technologies
can also be used to limit human rights.

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