On Liberty: Liberty of Thought

On Liberty - Chapter 2. Of the Liberty of Thought Discussion

• Explores the importance of free thought and open discourse in society.

The Necessity of Free Thought

• Freedom of thought and expression are critical for safeguarding against tyranny from governments or public opinion.
• Even governments aligned with the people's will should not suppress dissenting views, because that assumes infallibility, a dangerous and arrogant presumption.

The Harm of Silencing Opinions

• Suppressing opinions harms both the individual whose voice is silenced and society as a whole.
• Silencing a correct opinion robs humanity of truth.
• Confronting an incorrect opinion with truth sharpens understanding and solidifies beliefs.

Fallibility and Open Debate

• No individual or society can claim absolute certainty about their beliefs due to human fallibility.
• Open discussion is essential for testing ideas, uncovering errors, and validating truths.
• Assuming some opinions are too dangerous to discuss implies current opinions are unquestionably correct, which history has proven false.

The Role of Controversy in Truth

• Truths lose their vitality if they are not actively debated.
• Passively inherited beliefs become mere dogmas, disconnected from understanding or personal conviction.
• One must know the opposing arguments and be able to refute them to truly understand an idea. Hearing only one side limits intellectual growth and weakens the defense of beliefs.

Historical Examples of Suppression

• Historical figures like Socrates and Jesus were persecuted for their beliefs.
• Society's suppression of ideas often leads to regret and recognition of their value in hindsight.
• Silencing dissent today could lead to the loss of future truths that could benefit humanity.

Social and Legal Intolerance

• Social intolerance can be equally as oppressive as legal persecution of dissenters.
• Social stigma discourages individuals from expressing unpopular opinions, stifling innovation and intellectual diversity.

Practical Benefits of Free Discussion

• Debate strengthens beliefs, ensuring they are held with conviction and clarity.
• Without dissent, beliefs stagnate, leading to a lack of progress in thought and society.
• Intellectual flourishing such as the Renaissance and Reformation were driven by the questioning of authority and established norms.

The Consequences of Passive Belief

• When beliefs are not questioned, their deeper meanings are often lost, reducing them to empty slogans or rituals disconnected from practical application or emotional resonance.
• Society must embrace free thought and discussion, not only to protect individual rights but also to foster collective intellectual and moral growth. This requires allowing all ideas, even controversial or unpopular ones, to be expressed and debated openly.

Universal Declaration of Human Rights

• Outlines the fundamental human rights that are universally protected.
• Serves as a guiding framework for international human rights law.

Preamble of the UDHR

• Establishes the purpose and importance of the declaration.
• Emphasizes the inherent dignity and equal rights of all humans as the foundation of freedom, justice, and peace.
• Acknowledges the atrocities caused by the disregard for human rights, urging the protection of these rights to prevent tyranny and oppression.
• Highlights the commitment of United Nations Member States to promote respect for and observance of human rights universally.

Article 1: Equality and Brotherhood

• All humans are born free and equal in dignity and rights.
• All humans are endowed with reason and conscience and should treat each other with a spirit of brotherhood.

Article 2: Non-Discrimination

• Everyone is entitled to the rights in the declaration without discrimination based on race, color, sex, language, religion, political opinions, or other statuses.

Article 3: Right to Life and Liberty

• Everyone has the right to life, liberty, and personal security.

Article 4: Freedom from Slavery

• Slavery and the slave trade are prohibited in all forms.

Article 5: Freedom from Torture

• No one shall be subjected to torture or cruel, inhuman, or degrading treatment.

Civil and Political Rights (Articles 6-21)

• Ensures individuals' participation in legal, political, and public life.
• Recognition Before the Law (Article 6): Everyone is a person under the law everywhere.
• Equality Before the Law (Article 7): Equal protection against discrimination.
• Right to a Fair Trial (Article 10): Guarantees impartial hearings for rights and criminal charges.
• Presumption of Innocence (Article 11): No one is guilty until proven so in a fair trial.
• Freedom of Movement (Article 13): Right to move and reside within and outside their country.
• Right to Nationality (Article 15): Protection against arbitrary deprivation of nationality.
• Freedom of Thought and Expression (Articles 18-19): Rights to religion, belief, and opinion.

Economic, Social, and Cultural Rights (Articles 22-27)

• Affirms the right to:
• Social Security and Adequate Living Standards (Article 25): Ensuring access to food, housing, and healthcare.
• Education (Article 26): Compulsory and free elementary education.
• Participation in Culture (Article 27): Engage in cultural life and benefit from scientific advancements.

Collective and General Provisions (Articles 28-30)

• Social and International Order (Article 28): Rights are fully realizable only in a just global system.
• Community Duties (Article 29): Rights come with responsibilities to uphold public order and morality.
• Prohibition of Destructive Interpretation (Article 30): No one can use the declaration to destroy others' rights.
• Serves as a global standard, aiming to ensure every individual's freedom, dignity, and equality while promoting global peace and cooperation.

European Convention on Human Rights

• Also know as ECHR, is a foundational treaty created to protect human rights and fundamental freedoms in Europe

Introduction to ECHR

• Purpose: The Council of Europe adopted the ECHR in 1950, it came into force in 1953, aiming to secure universal recognition and protection of human rights.
• Amendments: Protocols supplement and amend the convention, streamlining procedures and enhancing effectiveness. Protocols Nos. 11, 14, and 15 are notable amendments.

Fundamental Rights and Freedoms

• The core rights protected under the convention are listed in Section I:
• Article 1: Obligation to Respect Human Rights. States must secure the rights and freedoms outlined in the convention to everyone within their jurisdiction.
• Article 2: Right to Life. Everyone's right to life is protected by law, with exceptions for lawful acts, such as defending oneself or during lawful arrests.
• Article 3: Prohibition of Torture. No one shall be subjected to torture or inhuman or degrading treatment or punishment.
• Article 4: Prohibition of Slavery and Forced Labor. Slavery, servitude, and forced labor are prohibited, with exceptions for lawful detention, military service, or civic obligations.
• Article 5: Right to Liberty and Security. Protects individuals from arbitrary arrest or detention. States must follow lawful procedures for detaining individuals and ensure judicial review.
• Article 6: Right to a Fair Trial. Guarantees a fair and public hearing within a reasonable time by an impartial tribunal. This includes presumption of innocence and the right to legal representation.
• Article 8: Right to Respect for Private and Family Life. Protects privacy, family, home, and correspondence. Interference is only allowed in specific circumstances prescribed by law.
• Article 9: Freedom of Thought, Conscience, and Religion. Includes the right to practice, teach, and observe religion, subject to limitations for public safety and rights of others.
• Article 10: Freedom of Expression. Protects freedom of speech and information but allows restrictions for national security, public order, or protecting reputations.
• Article 11: Freedom of Assembly and Association. Individuals have the right to peaceful assembly and to form or join associations, including trade unions.
• Article 14: Prohibition of Discrimination. The rights and freedoms in the convention must be secured without discrimination on any ground.

The European Court of Human Rights

• Role: The court interprets and enforces the ECHR, allowing individuals, organizations, or states to file complaints against alleged human rights violations.
• Judges: The court is composed of judges from all member states, who act in their individual capacities.
• Procedure: Complaints must meet criteria, such as exhausting all domestic remedies, before being heard.

Protocols relating to ECHR

• Expand on or add new rights, including:
• Protocol No. 1: Protects property rights, education rights, and the right to free elections.
• Protocol No. 6 and 13: Concern the abolition of the death penalty.
• Protocol No. 12: Provides a general prohibition against discrimination.

State Obligations and Enforcement

• States must abide by the court's rulings, which are legally binding.
• The Committee of Ministers supervises the implementation of judgments.
• The convention is a cornerstone of human rights law in Europe, influencing national legislation and providing a legal mechanism for individuals to seek justice against rights violations.

Charter of Fundamental Rights of the European Union

• It is a document that outlines the fundamental rights and freedoms guaranteed to individuals within the EU

Preamble

• Emphasizes the shared values of human dignity, freedom, equality, and solidarity among the peoples of Europe.
• Highlights the EU's commitment to democracy, rule of law, and respect for diverse cultures and traditions.
• The Charter aims to make fundamental rights more visible in light of societal changes, ensuring protection and promoting balanced, sustainable development.

Chapter I - Dignity

• Asserts the inviolability of human dignity and the right to life.
• Prohibits the death penalty, torture, slavery, and forced labor.
• Affirms the right to physical and mental integrity.

Chapter II - Freedoms

• Includes the right to liberty, privacy, protection of personal data, freedom of thought, religion, expression, assembly, and the right to education and work.
• Guarantees the right to asylum and protection against unjustified removal or extradition.

Chapter III - Equality

• Equality before the law is central.
• Prohibits discrimination based on sex, race, religion, or sexual orientation.
• Promotes equality between men and women, the rights of children and the elderly, and the integration of persons with disabilities.

Chapter IV - Solidarity

• Covers workers' rights, such as fair working conditions, protection from unjustified dismissal, and access to social security.
• Includes protections for family life, health care, environmental protection, and consumer rights.

Chapter V - Citizens' Rights

• Focuses on political rights, including the right to vote and stand in elections, the right to good administration, access to documents, and the right to petition.
• Covers freedom of movement and residence within the EU and diplomatic protection.

Chapter VI - Justice

• Justice-related rights include the right to an effective remedy, a fair trial, presumption of innocence, and protection from being tried or punished twice for the same offense.

Chapter VII - General Provisions

• Outlines the scope of the Charter, emphasizing that it applies to EU institutions and Member States when implementing EU law.
• Ensures that any limitations on rights must respect their essence and only occur under conditions necessary to meet general interests recognized by the EU or to protect the rights of others.
• The Charter provides a comprehensive framework for protecting individual rights within the EU, integrating international standards and ensuring these rights are upheld across all Member States.

A Muli-National Approach to Disinformation

• Disinformation is false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit.

• "Disinformation" is preferred over "fake news" to avoid the political misuse of the latter.

• Fake News is too simplistic and does not capture the complexity of the issue, it has been misused by politicians and public figures to discredit legitimate news outlets.

• The rise of digital media and social platforms has allowed disinformation to be produced and amplified on an unprecedented scale on approach and the issue is multi-faceted and cannot be solved with one approach.

• Misinformation is misleading or inaccurate information shared by people who do not recognize it as such.

Key Concerns and Challenges regarding disinformation

• Threat to Democracy: Disinformation campaigns undermine democratic processes, by misleading voters and they exploit digital tools to spread false narratives on a massive scale. Impact on Public Trust: Erosion of trust in credible sources due to the spread of misleading content. amplified by social media prioritizing engagement over accuracy.
• Manipulation of Online Platforms: Use of bots, fake accounts, and algorithmic manipulation to spread and amplify false information. Monetized, incentivizing the creation of misleading content.
• Need for Multi-Stakeholder Solutions: Platforms, media, governments, civil society, and fact-checkers must work together. No single entity should control the regulation of truth, as it risks censorship and infringes on free speech.

Recommendations: A Multi-Dimensional Approach to disinformation

• Enhancing Transparency: Online platforms should provide clear information about the sources of news, disclosure of political and issue-based advertising funding should be mandatory, algorithms and data used for content ranking should be transparent.
• Promoting Media and Information Literacy: Citizens need to be educated on how to critically assess online content and it all needs ti be integrated into school curricula across EU Member States, fact-checking initiatives should be supported and made widely available.
• Empowering Users and Journalists: Fact-checking tools should be easily accessible, journalists should be provided with better tools and training to verify sources, digital media platforms should offer ways for users to identify and report false information.
• Safeguarding News Media Diversity and Sustainability: Independent journalism must be supported financially to counteract the economic incentives of disinformation, public service media and investigative journalism should receive funding to promote high-quality reporting, cross-border cooperation among newsrooms should be encouraged
• Furthering Research and Continuous Evaluation: Disinformation tactics are constantly evolving, necessitating ongoing research. The EU should provide independent research and regular testing.

Implementations for combating disinformation

• Short-Term: Establish a self-regulatory Code of Practice for online platforms and media organizations, encourage immediate transparency measures for digital advertising and news distribution and forming a coalition of stakeholders to oversee initial progress.
• Long-Term: Assessing the effectiveness of short-term measures and adjust strategies accordingly, consider legal and policy interventions if self-regulation proves ineffective, ensure sustained funding and research efforts for combating disinformation.

The governance of artificial intelligence and the governance of artificial intelligence: interim report:

• Al has rapidly developed, with tools like ChatGPT becoming widely used
• The report explores Al's governance, focusing on regulatory frameworks, ethical considerations, and societal impacts.
• The committee lunched it inquiry in order to collect written submissions, with an interim report.
• Als broad appilcations may mirror pat technological revolutions, which requires policy makers to translate potential into responsible implementation.

Al as a General-Purpose Technology

• Al is not new, but recent breakthroughs, such as generative Al have accelerated development.
• Foundation models serve as the backbone for many Al tools, allowing for fine-tuning across various applications.
• Al should not be viewed as autonomous or self-improving and is tool to be guided by human input.

Benefits of Al

• Healthcare: Al enhances diagnostics and automates routine tasks, and accelerates drug development and personalized medicine by analyzing vast datasets.
• Education - Al helps teachers prepare lesson plans and personalize student learning, with academic integrity concerns regarding coursework.

Twelve Challenges of Al Governance

• The report identifies 12 key challenges that Al governance must address:
• Existential Threat: Potential risks from Artificial General Intelligence (AGI).
• Bias & Fairness: Al can reinforce societal biases if not properly managed.
• Privacy: Al's data reliance raises significant concerns about personal privacy.
• Accountability: Determining responsibility for Al-driven decisions.
• Transparency: Al's decision-making processes must be understandable.
• Regulatory Adaptability: Governance must keep pace with Al's rapid development.
• Employment: Al-driven automation could reshape labor markets.
• International Coordination: Effective Al regulation requires global collaboration.
• National Security: Al can be weaponized or misused.
• Misinformation: Al-generated content poses risks for democracy and public trust.
• Competition & Market Power: A few tech companies dominate Al development.
• Al in Critical Infrastructure: Al's impact on vital services like energy and finance.

The UK Government's Approach to Al

• Government favor's a "pro-innovation", with outlined regulatory prices
  • Safety, security, and robustness
  • Transparency and explainability
  • Fairness
  • Accountability and governance
  • Contestability and redress
• A central regulatory function is proposed to oversee Al governance and the Foundation Model Taskforce was created.

International Al Governance

• Comparison of governance models:
• UK: Context-specific, flexible approach..
• EU: Risk-based Al Act, categorizing Al into high, medium, and low-risk systems.
• US: Non-binding "Al Bill of Rights,” focusing on fairness and transparency

Conclusions on AI

• Al governance is urgent but remains fragmented across jurisdictions.
• The UK has an opportunity to lead, but time is limited.
• Instead, the committees urges governmetn to focus on AL regulation.

SOCIAL MEDIA ALGORITHMS: WHY YOU SEE WHAT YOU SEE

• Social media platforms heavily rely on algorithms to determine what users see in their feeds and it is step-by-step processes used to select and organize content.
• Understanding the motives of social media companies helps explain why algorithms play such a central role in these platforms.

Social Media as a Business

• Platforms like Facebook, Twitter, Instagram, and Yelp function as businesses despite being "free" to use.
• Their main source of revenue is advertising, which depends on user engagement.
• More engagement leads to higher ad impressions, increasing profitability.

Maximizing Engagement

• Social media companies work to keep users engaged for as long as possible.
• They collect vast amounts of user data to predict what content will interest each user with Data collection is extensive as algorithms are essential for analyzing this unstructured data.

The Search for Perfect Feed and Steps in Content Selection:

• Data Collection: Gathering user interactions, Content Prediction: Algorithms analyze user behavior to estimate what content will be most engaging, feed Population: Posts are ranked based on engagement likelihood, prioritizing the most interesting ones.

Key Factors Affecting Content Ranking:

• With challenges in measurement, algorithms track how long a user spends viewing a post rather than just interactions in light of engagement, time spent, activity.

Humans Still Matter

• Despite the power of algorithms, human oversight is still necessary.
• Moral and ethical considerations: Algorithms may lack judgment in sensitive matters, such as detecting inappropriate or harmful content and there are issues of algorithmic bias.

Social Media Accountability on fake news

• Platforms face increasing pressure to combat misinformation from bots and trolls.
• Some experts propose an Al watchdog to oversee algorithmic decision-making and critics argue that as long as algorithms are written by humans, bias will always exist.

Conclusion on Social Media ALgorithms

• Social media algorithms are powerful tools for curating content but come with ethical challenges. As users become more dependent on these platforms,transparency and accountability will be critical.

Freedom of Opinion and Expression

• Report by the Office of the United Nations High Commissioner for Human Rights, which examines best practices for laws that ensure access to information. Is emphasizes the human's right's to information.

Intro to Foe Article 19

• The Human Rights Council (HRC) has requested OHCHR to analyze global best practices in ensuring the public's right to access government-held information.
• The report legally draws guidelines based on regional and international laws
• Legal foundations are protected under Article 19 of the Universal Declaration of Human Rights, and everyone has the right to see governmental inforamtion.

Restrictions of Article 19

• Restrictions need to be legal, nesscary and proportional for legitimacy. With examples such as; government using national secrutuy claims and claims regarding human right violations.

International and Regional Treaties on Access to Information

• Including global teatire suchs as: Aarhus Convention (Environmental Matters) and latin america and caribbean treaties such as: Escazú Agreement
• And regional treaties such as African Charter on Human and Peoples' Rights and European Convention on Human Rights

Current Situation and Good Practices

• Clear Features of Effective Access to Information Law in law.

• 1. Recognition in Law: Countries should legally guarantee access to government information through freedom of information (FOI) laws. Over 127 countries have these.
• 2. The Rule of Max disclosure, clear and justifiable reasons for restriction.
• 3. Proactive Publication: Goveremnts actively publish key info
• 4. Simple request, affordable and digitally
• 5. Independent Oversight:
• 6. Govs should have independent information comission. Internet access is a tool for Transparency: ensure internet access to all

• Gov offices train transparency, UN provdes training, and devleop manual

• Strength journalism with accss laws

COVID-19 and Access to Information

• Proactive transperency for trust, for misinformation combat, and inclusive communication.

Concluding Article 19 and right to information

• This report highlights best practices and challenges in ensuring access to public information and frameworks. Proactive disclosure, support civil society, and expand digital access to fulfill their obligations under international human rights law.

Historical development of secularism

• Explores the relationship between religious and political power, the role of individual freedom, and how secularism has evolved to protect personal and societal liberties. Focuses on the struggle between religon and politics with temporal (state) and spitural (church) powers.

The Unending Power of Struggle in politics

• A truly secular society exists when these two powers are independent and history shows that this balance was rarely maintained
• Individuals had no freedom, leading to shifts in reformations and the rise of individual freedom.

16th Century Shifts in Reformation

• With leaders like martin luthur creating third forces in authority.

• Indivudals created more sourves of authority, and the rise in secularism.

• Enlightenment expander that seperated religion from laws.

Three Realms of Modern Democracy

• Three separate realms: Personal, Legal, and public

• Dangerious when mixed in totalitarian gov. and state religions.

20th Century's new forms of Religious Control:

• Including communism and nazim, as well as the dangers when politicla religions over lap with totalitarianism.

Modern Threats to Secularism with women

• In religous extremisim and woman's lack of certain liberties

Misinterrpetaion of secularlism and the cases discussed in the document - New York Times CO v. VS united Stated, Case

Case relating to media law: Why Times VS U.s and Brendnburge

• A strong precendent of whistle blowers. with the goal to balance freedon and transparency.

Brandenburg VS Ohio - a landmark Supreme Court case that significantly reshaped the interpretation of the First Amendment's free speech protections. Ohio law made it illegal to advocate for violence, and Brandenburg arranged a rally and then faced a supreme court ruling. Ohio was in contradiction. This established the Brendbrug test. And significant impaction on hate speech.

Important freedom test

• Case relating to speech of the presss - and the imminent lwswless action.

Impact of Brendb and its limits

• With Jersild V Denmark, a press freedom cases which included a journalist and a story about racist groups.

The jounaltists were accused of sharing hate speech - but later acquitted under court's of human rights. With emphasis on freedom and journalistic intergirty

Jursild limits

• the media must remain free regardless.

MGM Limited VS The United Kingdom Case

• Case revolving around a legal battle between The Daily Mirror and Naomi Campbell, a world-famous supermodel- and drug addication with the aim to balance freedom and expression within law. There was a dispute over photos taken covertly with consideration regarding defamation and free speech.

General Data Protection Regulation (GDP)

• The goal of the GDPR is to ensure that individuals are in control of their data - with the focus on how compenies hand data and protect it. Data must be ethical with global implaications.