Freedom of Expression and Right to be Forgotten

Freedom of Expression and Right to be Forgotten How best can the tension between freedom of expression and the right to be forgotten be resolved? Thesis statement The right to be forgotten is one of the important human rights to protect individuals privacy. It has been assumed that the right to be forgotten (RTBF) breaches the freedom of expression and that it justifies censorship. However, the tension between the RTBF and freedom of expression could be resolved by raising individuals awareness and understanding of this right and its role in promoting individuals personal information and their freedom on the Internet. Justification This paper considers how the tension between freedom of speech and the RTBF can be effectively resolved due to the growing international concern recognised as pertaining to the increasing conflict between informational privacy and the protection of online communication in the European Union (EU) due to the European Court of Justices (ECJs) decision in Case C-131/12 Google Spain SL, Google Inc. v. Agencia Espaà ±ola de Proteccià ³n de Datos, Mario Costeja Gonzà ¡lez [2014] All ER (EC) 717. This is because the achievement of informational privacy is meant to be weighed against the recognition of freedom of expression as a right for individuals to have been identified under the EU Charter of Fundamental Rights 2000 along with the European Convention on Human Rights 1950. Therefore, the key question to be resolved in this instance through the completion of this paper is: what can be done with a view to properly balancing the achievement of informational privacy with the recognition of the freedom of expression in the EU moving forward as a result of the ECJs decision in Costeja Case? Literature Review When it comes to considering the literature to have arisen in this area, there has long been a significant amount of controversy regarding the practicality involved recognising a right to be forgotten as a human right internationally regarding access to information in view of current rulings vagueness for the purpose of looking to implement this kind of right (McNealy, 2012). The reason for this is that there has been some significant uneasiness about the effect of the recognition of the right to be forgotten upon freedom of expression as a right (Craig and de Bà ºrca, 2015). In addition, the same is also arguably true of the way in which the right to be interacts with the right to privacy. In order to discuss this problem, the RTBF must be defined. McNealy (2012) and Koops (2012) are agreed that the RTBF means the right to have information deleted after a certain time, the right to have a clean slate, and the right to be connected only to present information. Based on this definition, the RTBF is an optional right that individuals could benefit from it to delete their personal information. However, from data protection and internet quality perspective, it has been claimed if the RTBF would serve to reduce the internets quality effectively through a combination of censorship and the rewriting of history to suit individuals (McNealy, 2012). A supporting view of what has been mentioned, Gattuso (2015) believed that although the RTBF is seems to be a way of protecting individuals privacy, it is a new phase of censorship upon internet world and it has been established only to justify the censorship. Moreover, linked to McNealy point of view, Lee (2015), argued that one of the main reasons for the clash between freedom of expression and the RTBF is based on individuals right to ask search engines to delete specific information which will lead to reduce search controllers data. In other words, it could be said that there is a wide held assumptio n assume that the RTBF is been recognized not to protect privacy but to breach the freedom of expression and to control web pages and limit it access. However, it has been argued that there is a need to consider the right to be forgotten in this regard is in view of the fact that the reality is that there are few other protections that have been made available against the harm that, for example, the sharing of revenge porn can do in practice to individuals reputations in public (McNealy, 2012). In other words, it could be argued that the RTBF is one way of protecting individuals privet life, and, as an optional right, it might play a significant role in terms of reduce the negative impacts of technology by helping people, who found their personal information exposed, to live without being stigmatized (Wright,2015). Which means that the main aim pf this right is to encourage individuals to live within their societies without the harmful effect of the new Yellow Press on their personal life (Hughes and Richards, 2015). In regards to freedom of expression, both freedom of expression and the privacy are fundamental human rights, and none of these rights suppresses the other. However, it has been assumed that although there are numerous benefits associated with the ECJs decision with a view to safeguarding individuals interests regarding both their personal information and their image publicly, there are also several important detriments to be accounted for (Franztziou, 2014). For example, it has been claimed that the decision of the ECJ in Mario Costejas case will contribute to minimizethe exercise of freedom of expression as one of the most important fundamental human right. Moreover, ECJ decision could be utilised to then suit individuals personal interests regarding freedom of informations recognition along with what is deemed in the public interest where the decision of the Court is applied strictly in this area of concern moving forward and it will reduce the full expression right (Franztziou, 2 014). Therefore, Rushdie (2015) stressed that the freedom of expression must be absolute and protected, otherwise, it will lose its sacredness. However, ECJs decision in Case of Mario Costeja has proved particularly important regarding the internets operation along with online governances future in line with the tension between freedom of expression and the RTBF (Harvard Law Review, 2014). The court clearly stated specific conditions to allow individuals to ask search engines to delete their personal information, the information must be inadequate, irrelevant or no longer relevant which aim to reduce the exploitation of the RTBF (the ECJs). To conclude, when it comes to balancing the achievement of informational privacy with the recognition of the freedom of expression in the EU moving forward as a result of the ECJs decision in the Costeja Case, it is arguable the ECJs balancing approach to have been taken in this case could be considered to be little more than an incremental move (Lytras, 2015). Moreover, it could be state that the RTBF is not an absolute right, this is because it is also to be noted that there have also been certain limitations with regard to the application of the right to be forgotten in a jurisdiction, including the lack of ability to be able to require the removal of information that is held by companies beyond the remit of the EU (Horspool and Humphreys, 2016). The reason for this is that there is a need to understand that there is not currently a universal framework in place so as to permit individuals to then exert control over the way in which their image is presented publicly online(ibid). O n the other words, although the privacy right is an important human right, the RTBF is not an idol right which seeks to suppression other fundamental human right, in particular, freedom of expression. (Factsheet on the Right to be forgotten ruling, 2014). Based on what has been presented it could notice that there is no direct relation between the RTBF and freedom of expression (Steinbart et al, 2015). Moreover, it could be argued that both rights are important and been balanced, and the tension between two rights could be solved by rising individuals awareness and search companies that both rights are complementary, not opposite. List of references Bert-Jaap Koops, Forgetting footprints, shunning shadows: A critical analysis of the right Case C-131/12 Google Spain SL, Google Inc. v. Agencia Espaà ±ola de Proteccià ³n de Datos, Mario Costeja Gonzà ¡lez [2014] All ER (EC) 717 Craig, P. and de Bà ºrca, G. (2015) EU Law: Text, Cases and Materials. 6th Edition, Oxford University Press. European Commission (2014) Factsheet on the Right to be forgotten ruling [online] available from >http://ec.europa.eu/justice/data-protection/files/factsheets/factsheet_data_protection_en.pdf< [20 February 2017]. European Convention on Human Rights 1950 European Union Charter of Fundamental Rights 2000 European Union Data Protection Directive 95/46/EC Franztziou, E. (2014) Further Developments in the Right to be Forgotten: The European Court of Justices Judgment in Case C-131/12, Google Spain, SL, Google Inc v Agencia Espanola de Proteccion de Datos Human Rights Law Review, 14(4), 761. Gattuso, J.L. (2015) Europes latest export: Internet censorship [online] available from [20 February 2017] Harvard Law Review. (2014) Case Comment: Google Spain SL, Google Inc. v. Agencia Espaà ±ola de Proteccià ³n de Datos Harvard Law Review, 128, 735. Horspool, M. and Humphreys, M (2016) European Union Law. Oxford: 9th Edition, Oxford University Press. Lee, E. (2015) The right to be forgotten v. Free speech [online] available from: [20 February 2017]. Lytras, C. (2015) Right to be Forgotten: Europes cutting edge weapon to fight Google? European Public Law: EU eJournal, 12(106). McNealy, J. (2012) The Emerging Conflict Between Newsworthiness and the Right to be Forgotten, North Kentucky Law Review, 39(2), 119. Richards, Neil M. and Hughes, Kirsty, The Atlantic Divide on Privacy and Speech (2015). Andrew T Kenyon (ed), Comparative Defamation and Privacy Law (Cambridge Press 2015) Available at SSRN: https://ssrn.com/abstract=2648307. Salman Rushdie, Salman Rushdie on Charlie Hebdo: Freedom of speech must be absolute (Mashable, 15 Jan 2015) [20 February 2017] Steinbart, P.J., Truog, D., Keith, M.J. and Babb, J. (2015) The right to be forgotten: Exploring consumer privacy attitudes about the final stage of the information life cycle. to be forgotten in big data practice, 8 SCRIPTED 229, 236 (2012).

Social Time In The Life Of A Man And Society :: Philosophy Philosophical Essays Sociology

Social Time In The Life Of A Man And Society ABSTRACT: The subject of this paper is social time-the peculiarities of the Past-Present-Future in social processes, and their unbreakable connection. I also focus on the necessity of taking stock of time in human activities and in the societal development. The Past in progress of society signifies the Already-happened which has become the possession of history. This Past exerts an enormous influence on the Present, determining it both directionally and functionally. The Present includes the Present itself, a part of the Past, and some elements of the Future. It represents the only reality for human beings as life is lived in the Present only. The Present creates the material and spiritual preconditions for the Future. Resolution of contemporary global problems is crucial for our Future which runs sequentially in three stages: immediate Future, visible Future and distant Future. All three exert influence on the Present by providing ideological and informational images. Time disciplin es our minds and wills, organizes our actions and promotes our cognitions of the Past, the Present and the Future. All the scientific philosophical systems, worked out in the history of mankind, have a big methodological and educational meaning. Separate categories, like social time, having attributive qualities are not an exception. Everyone: a scientist, a politician, an ordinary person, the whole mankind can't help taking into account the factor of time in their life and activities. We can say that they need it like the air to breath. That is why time was investigated in the theoretical systematized form by well-known philosophers and scientists of the past centuries - Aristotle, Augustine, Kant, Newton, Hegel, Marx, and ones of the Modern Age - Einstein, Russell, Heiddeger, Spirkin, etc. Each of them contributed to the understanding of time and its qualities. The most important issues of the past can be summarized in the following statements. Time is an attribute of the matter, its integral quality; time is indissolubly connected with space and motion; there is no "absolute" time in the material world. Time in the form of category, being abstract, can exist only in the theory and be used in scientific purposes. Time has important qualities: objectivity, that is it exists as the matter irrespective of our will and consciousness; it is characterized by the eternity of its duration - it has neither begging nor end; and it is contradictory. The latter means: from the one hand, time is eternal, on the other hand, all objects and processes exist for a certain time and have an end.

Amazing Grace Essay -- essays research papers

Jonathan Kozol's Amazing Grace is a book about the trials and tribulations of everyday life for a group of children who live in the poorest congressional district of the United States, the South Bronx. Their lives may seem extraordinary to us, but to them, they are just as normal as everyone else. What is normal? For the children of the South Bronx, living with the pollution, the sickness, the drugs, and the violence is the only way of life many of them have ever known. In this book, the children speak openly and honestly about feeling 'abandoned', 'hidden' or 'forgotten' by our nation, one that is blind to their problems. Studying the people themselves would only get us so far in understanding what their community is really like and why they feel this way. Jonathan Kozol really got to know the people individually. We can take his knowledge and stories to try for a better understanding of the environment in which they live. By doing this, we can explore the many reasons why the people have problems, what some levels of intervention could be, and possibly find some solutions to making the South Bronx a healthier and safer place for these children and others to live. Problem Identification The environment in which we study these people can only be defined by first taking a look at possible reasons why the people have problems. Some of the problems discussed in Amazing Grace have festered throughout the United States for some time now. The high numbers of drug users in the community, the high amounts of gang-related violence, and the numerous cases of people who have contracted the AIDS virus are just some of the problems that have arisen in this ghetto. There are many differences between this community and others in the United States, one of which is that the government has grouped these people all together and made a ghetto of the lowest income families. This has ostracized them from the rest of the nation. It has given them many abandonment issues to deal with, while also telling them they are not worthy of living among the wealthier population. Environmental factors are involved in the problems arising in the South Bronx. Pollution, for example, could be the biggest source of the high number of children in the community who have asthma. Asthma is a condition in which one has trouble breathing. Without clean ... ...s for the people in these neighborhoods have gotten to be that of violence and drugs. These are not healthy norms. To change them, the communities could use more education on social issues in the schools and communities to help the people learn to live healthier lifestyles, to get the word out that violence and disruptance are not all right, and to help the people obtain some community unity. Getting some of the well known community members involved in politics is another way they could get their voices heard and let the government know their needs and desires. Support groups held for people with AIDS, for people who have lost loved ones, and also for people who just need a place to talk about their emotions and get their frustrations out, would help the community as a whole and get more people involved in the healing process of that community. If the people in the South Bronx would act as a community bound together to help themselves and each other, there would be less tolerance for deviant behavior among it's members. Then the ones who act defiantly could be out-numbered, and the good citizens of the South Bronx could reclaim their homes and their lives.

Lost Time Is Never Found Again

It was Ben Franklin who said: â€Å"lost time is never found again. † Mr. Benjamin Franklin  also said: â€Å"Remember that time is money. † Each of us has exactly 24 hours per day. Neither more nor less minute. Those of us that maintain a full time job know very well that we trade our time weekly in exchange for money. Some of us earn more money for less time and of course the opposite is true. Nowadays there are two categories of people. People from the first group work hard in order to make enough for a living, to satisfy their basic needs.While the others consider money as a way to win more power and better social position, sometimes – even friends. They say â€Å"Money makes the world go round† and time represents only money for them. In my opinion, there cannot exist any statement that is undoubtedly true. And in this way, we are not able to say whether time is money or not. Some people will always believe that time is only money but nothing else; others will defend the opposite thesis.All of us should realize that the material world around us makes time money. I confess that all of us should be realists. No one can lead normal life without enough money. People constantly work in order to earn. And they need time. It is mainly money for them. Their credo is â€Å"Don’t lose time, make money! † Certainly, interests, requests, opinions of other people can and should be considered by you at definition of how you spend yours of time. But nevertheless, the final decision always for you.

How does administrative law change bureaucratic behaviour

The Committee presented a plan for an entirely new system of administrative law that rested upon a fresh vision of the role that external review agencies should play in safeguarding the rights of the public regarding executive decision-making. Three Acts were implemented by the Parliament. The Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) established two bodies – an Administrative Appeals Tribunal to undertake merit review of a general range ofCommonwealth decisions, and an Administrative Review Council to perform a research, advisory and coordination function. The Ombudsman Act 1976 (Cth) established an Ombudsman to investigate complaints of maladministration by Commonwealth government agencies. The Administrative Decisions Oudicial Review) Act 1977 (Cth) conferred upon the newly-created Federal Court a reformed Jurisdiction to undertake Judicial review of Commonwealth decision-making. Purpose of Administrative Law Administrative Law concerns the relationship betwe en the government and the public.It refers to a wide range of controls exercisable by the law over the powers nd procedures of government decision-makers and administrators. It constitutes a means of protecting the rights of the public by making the government decision- makers accountable. With the growth of technology, financial institutions and globalization, society is becoming more complex, the role of government has expanded in terms of regulation and intervention. This has led to a growth in the number of bureaucratic decision makers which in turn led to an expansion in controls over administrative actions to counter balance the power of the decision makers.The Kerr and Bland Committees saw that the purpose of Administrative Law was to rotect citizens against government, when government was growing in size and exercising more administrative authority and discretionary power. It pointed to a posed threats to the rights and liberties of citizens . The view from the Kerr and Blan d Committees is compatible with that of Professor Cane that the Administrative Law can be used to regulate the way the administrators make decisions so that the power will not be misused. How to measure success of the Administrative Law?There are two views about the measurement of success of Administrative Law: (i) The instrumentalist believes the success lies in its impact on behaviour and outcomes, ence the law should bring behaviour and outcomes into conformity with specified value. (it) The non-instrumentalist believes its success lies in its rules and practices. The law could be counted as a success if it clearly, consistently and coherently expressed specified values. The supporters of regulatory approach to Administrative Law are instrumentalists whereas the supporters of legal approach are non-instrumentalists.What are the regulatory and legal approaches to Administrative Law? A regulatory system has three components (i) a set of standards that announce how eople ought to be have; (it) a mechanism for monitoring compliance with those standards; (iii) a mechanism for promoting future compliance. Administrative Law consists of a set of rules and principles about how decisions ought to be made. Individuals affected by the administrative decisions can utilize various tribunals and ombudsmen to review decisions and in turn provide incentive for the decision makers to comply with Administrative Law in future.The regulatory approach focuses on the future rather than the way decision makers behaved in the past. It aims to prevent potential issues by making the decision akers responsible for it. On the contrary, the legal approach presents administrative law to be used by complainants a means to redress past breaches so that decision makers can be held accountable for such breaches. It looks at the success of administrative law on its ability to provide redress to those adversely affected by unlawful decisions.The regulatory approach focuses accountability based on the institutional design and interaction between different organs of the system such as ombudsmen, parliamentary committee and internal review. The legal approach focuses more on the accountability of the government to the public. In constitutional terms, the regulatory approach addresses it with separation of power whereas the legal approach focuses on the concept of rule of law. Administrative law focuses on the accountability of government.By demanding compliance with administrative law principles, and by valuing review mechanisms for rectifying human error, it impacts upon the decision-making processes in order to ensure that the wrongful exercise of administrative power is curbed. The Australian tax system is an example of how administrative law impacts on bureaucratic behaviour. The tax system, being a self assessment system, encourages ne to voluntarily comply with the tax legislation. Tax compliance officers review the tax returns to identity potential risk to revenue.Wh ere the risks being identified in a review are significant, the tax office will escalate the case to an audit. During an audit, there will be an information request followed by the issuance of a position paper. If the taxpayers realize any errors in their tax returns, they can make voluntary disclosure in order to reduce any shortfall liability and penalty interests. Alternatively they can express their views if there is any contentious issue about the application of law. The taxpayers will be given an opportunity to comment on the position paper before an amended assessment is issued.The taxpayers can object to the amended assessment which is normally handled by the objection team that is independent from the compliance team. If the decision stays, an application can be lodged to the Administrative Appeals Tribunal to review the decision. The tax office has internal guidelines such as Practice Statement Law Administration for the staff to follow before any administrative decision i s made. This ensures the taxpayers would be fairly treated. Before a decision is reached, taxpayers will be iven opportunities to be heard and supply information to support their claim.The process demonstrates how the Administrative Law influences the bureaucratic behaviour. The decision-makers need to supply proper reasoning before issuing an amended assessment. What are the positive and negative changes on bureaucratic behaviour? On the positive side, more senior public servants are required to be legally trained as they are expected to make decisions based on strong legal grounds so that their decisions will be less likely to be challenged in future. The decisions being made would also be based on fairness with properly established facts.However, onerous review systems may cause potentially adverse bureaucratic behaviour. The onerous review system may sometimes lead to ‘No further action' on many potential tax evasion cases. The following explains the negative bureaucratic behaviour that is undesirable to the society goal. review the taxpayers' tax return and amend the assessments. The review period could be two or four years depending on the size of the business and the nature of entity. Once the ‘period of review expires, the tax office cannot amend the assessment unless there is fraud or evasion for which intention needs to be established.Knowing this system, some taxpayers may simply delay in supplying information or supplying irrelevant information to make the cases difficult to pursue. By contrast with the private sector for which financial target is the prime objective, the public bureaucrats may not have such incentive to pursue difficult cases that may eventually lead to tribunal review. Further to that, the tax officers need to follow strict guideline when dealing with fraud cases where intention needs to be established. As all elements need to be established before a case can be referred to prosecution, some fraud cases end up being à ¢â‚¬ËœNo further action'.This is undesirable to the societal goal as it means people who dodge the system may not be penalized. Can we Judge the success of Administrative Law as a regulatory tool primarily by its effect on bureaucratic behaviour? As mentioned above, the purpose of the Administrative Law is to make government decision-makers accountable. It promotes the fair procedures and compliance by decisions-makers with legal limitations on their powers. The public can use the merit review system to review the administrative decision of the government. The merit review allows the facts and legal aspects of the decision to be considered afresh.Based on the merits, the tribunal can affirm, vary or set aside the original decision. From a regulatory point of view, an independent body has stepped in to review the government decisions and therefore it limits the power of the bureaucrats. Therefore, the bureaucrats must obtain sufficient evidence and provide sound reasons to support th eir decisions. Furthermore, it encourages government bureaucrats to ensure they act consistently with relevant legal requirements. Based on the above, it appears that one can assert that Administrative Law has achieved its purpose as a regulatory tool that impacts on bureaucratic behaviour.

A Vietnam Country Review History Essay

A Vietnam Country Review History Essay Vietnam as we know is approximately 331,688 km ² in area but it does not include the Hoang Sa and Truong Sa islands, it is larger than Italy and almost the same size as Germany. Vietnam is located in South East Asia, bordered to the north near China, to the west near Laos and Cambodia and to the east, by the Pacific Ocean. The capital of Vietnam is Hanoi, it is located in the north and is the second largest city in Vietnam, as the capital of Vietnam for almost a thousand years now, and Hanoi is considered to be one of the cultural centres of Vietnam, where most of the Vietnamese dynasties had left behind their imprint. After that I will summarize some culture of Vietnam. First of all, the Culture of Vietnam, or in particular the culture of the Kinh ethnic origin in the northern Vietnam, is one of the oldest cultures in the Pacific region. Although so, the major influence is China, Vietnam’s culture had created a lot of features, quite similar to the other people of East Asi a and other countries in the Pacific Ocean (such as Cambodia , Laos and Thailand) that have suffered a major cultural influence by India. Nowadays, the culture of Vietnam has changed from time to time, it is a special blend of the many ancient cultures with the indigenous culture of the Vietnamese. Other than the influence of China, the cultures of the Vietnamese people are also influenced by the Western culture. Some examples of the Vietnamese culture are: food, apparel, religion, and the cultural territory. Body Climate First of all I will talk about the climate in the south of Vietnam, it is located in the tropical monsoon equatorial so it has a very high temperature throughout the year and it only has two seasons, which are rainy and dry. The rainy season begins from the month of May to November and dry season will begin from the month of December to April the following year. Because the south rainy season is longer than the dry season, so this has some sort of influence in the change of culture I ways of food to the culture in the south, the central, and the north of Vietnam. As we know the cuisine of Vietnam is very famous around the world, Ho Chi Minh City’s cuisine is also partly reflected by the cultural life and natural minerals, its cuisine is influenced by the French cuisine, Cambodian cuisine and the Thai cuisine. Today, the specialties are easily found at Ho Chi Minh, it is a combination of the food from the North, Middle, South and international cuisines, for example: sour soup is a combination of the sour salty of the north, spicy peppers of the central, and sweet fresh of the south. Another example is the beef steaks which are thinner and more mature and it is also spicier vegetables served with it compared to France. By contract, the nature of the part middle of Vietnam is it has a very hard climate, it is influenced by the sea breezes as well as the mountain winds. The people living here are austere and rich energetic. The Central Foo d has food that are very spicy, very spicy-hot, as positive (for the cold when it comes to soaking in water and odor resistant nature of the seafood capital nature-sound welding) and it is very salty. The food materials are often simple, but if you ever have the opportunity to really enjoy, it will be an experience that will never be forgotten.

Health care Essay Example | Topics and Well Written Essays - 250 words - 12

Health care - Essay Example Moreover, there are trademarks and trade dress infringement in the field of health care services, and the intellectual property group deals with claims that are made by organizations for the liability that are arising out of intellectual property. 2. Various business models are becoming powerful, though others that are not effective thus, a manager should focus on models that develop customer loyalty or barrier to entry. Therefore, the things that are renewed automatically offer a way of facilitating customer loyalty, whereby they work to alter the providers. In this case, managers are motivated to manage their accounts online thus difficult to discontinue the relationship with the customers. Nevertheless, these unique models have become a source of barrier for nontraditional entry, due to the high level of sophistication. In the current business environment, organizations are seeking to develop a unique business model to mitigate the threat of entry by the others to reduce