NationStates Jolt Archive


Freedom of Expression

Plutoni
18-04-2008, 23:10
OOC: It has been suggested (http://forums.jolt.co.uk/showpost.php?p=13579251&postcount=26) that the Universal Bill of Rights, if resubmitted, be done through separate sections. I'd like to concentrate on Article II: "Article 2 -- All human beings have the right to express themselves through speech and through the media without any interference." I understand that this is an ambitious project for a comparatively inexperienced player, and am opening this up to the community for suggestions.

Starting from the beginning, we should probably have something better than "human beings"-I'd like "sentient", if it wouldn't be too problematic to let each nation make its own definition? I'm reluctant to use the word "citizens" because of the possibility of countries where many inhabitants are not considered citizens.

Just having the right to express oneself is probably not enough, though. Drawing ideas from the US constitution first amendment makes it seem like there should be some sort of check on the power of governments to prohibit free expression. Without getting into blocker resolutions, something about "The World Assembly and its member nations shall not prosecute/punish..."...something?

We also might want a loophole for slander or libel.

I'm not familiar enough with World Assembly workings to say how far we can go without infringing on the right to be an absolute autocrat, though, so any help would be greatly appreciated. I figure it's best to keep it simple: the original was only one line. But throwing this together in an incredibly rough first draft, I get something like this...


Freedom of Expression
Category: Human Rights
Strength: Significant*

The World Assembly affirms the right of freedom of expression to sentient occupants of its member nations. Member nations are prohibited from denying this right to their inhabitants and prohibited** from classifying types of communication in ways neither slanderous nor libelous as criminal activities.


*Probably human rights I figure, as Resolution 26 was and it's not explicitly political-otherwise, Furtherment of Democracy? Strength is also a guess.

**This sounds awkward however I try to phrase it. "And"? "Or"?

Thanks in advance for any suggestions.
Omigodtheykilledkenny
19-04-2008, 00:06
Yeah, that was the subject of my last proposal (http://forums.jolt.co.uk/showthread.php?t=546272). This would be filed under Furtherment of Democracy, actually, not Human Rights.

The problem with covering something like freedom of expression is that governments need the latitude to regulate not only defamation, which you reference, but also provocative speech, privacy, pornography and publicizing classified materials, which you don't. And when all these exceptions were listed in the last resolution, it turned people off, because in their mind it was only a proposal to protect governments, not speech. This needs to be done in a way that gives governments authority to prevent abuse, but also "softens the blow" in a stylistic sense, so it doesn't offend paranoid WA members.

I've been considering a revision of my former proposal, but haven't gotten very far with it.