Freedom of Expression Introduction & Overview Lecture 1 Jour4330 Sarah Chiumbu- 10 October 2007

1. Freedom of ExpressionIntroduction & OverviewLecture 1Jour4330Sarah Chiumbu- 10 October 2007

2. This Lecture • The course - practical issues • The lectures - what they will cover • Introducing Freedom of Expression: concepts & definitions

3. Welcome!! • The teaching of the course is made up of: • Sarah Chiumbu - Phd student: Lectures • Carol Azungi -Phd student: Seminars and one lecture Guest Lecturers: • Nkosi Ndlela -Lecturer Hedmark Høgskole • Kenneth Andreasen- Lecturer Mediehøgsoklen Gimlekollen

4. Web page for the course • The course description: • http://www.uio.no/studier/emner/hf/imk/JOUR4330/h07/

5. Lectures & Seminars • Lectures: these will take place on Wednesdays at 10h15 to 12h00 in room 205- From 10 October to 21 November. • Seminars: these will take place on Fridays at 10h15 to 12h00 in room 207 - From 19 October to 30 November.

6. Teaching & Learning Forms • LECTURES: • Overview, theoretical and empirical analysis, explaining issues and concepts • Key thematic areas and examples. Lectures will not cover everything • SEMINARS: • More focused discussion on selected topics and questions • INDIVIDUAL STUDY

7. Learning Goals • The students shall develop a critical understanding of the key features concerning freedom of expression as a democratic right, and the role it plays in modern media. • The seminars will develop the oral and the written skills of the students in both discourse and presentation.

8. Aim of the Course • To address the principles of freedom of expression within a historical perspective • To discuss the changing conditions and new challenges for free speech in complex modern societies. Special attention will be directed towards: • The role of journalistic media in a context of social and technological change • Exploring themes such as ethical challenges deriving from new forms of communications and censorship • Discussions of challenges derived from censorship and control in digital media

9. The Final Test & Curriculum • A Home Exam ( 3 to 6 Dec) - 10 credits • Students need to buy the 2 major books on the reading list • The course also has a compendium, which students also need to buy.

10. Key Lectures • Overview and Introduction (this lecture and the last one- Sarah Chiumbu) • Theoretical Approach: • Free Speech & Freedom of Expression: Theoretical Foundations: Sarah Chiumbu • Case studies • Freedom of Expression in Africa - Nkosi Ndlela • Freedom of Expression in Transnational democracies - Kenneth Andreasen • Freedom of Expression in the Digital Era: • Online Media: Threat or opportunity for Freedom of Expression – Carol Azungi Dralega

11. Freedom of Expression • This section of the lecture will cover: • Concepts and Definitions • Freedom of Expression Principles (International and Regional human rights instruments).

12. Concepts & Definitions • Freedom of speech: this means being able to speak freely without censorship. An integral concept in liberal democracies • Freedom of expression: Related to freedom of speech, but not confined to verbal speech, but is understood to protect any act of seeking, receiving and imparting information or ideas, regardless of medium used • Liberty of expression and of the press: These became concepts for political and philosophical inquiry from the 17th century and there were connected to the development of other theories of the state (popularised by John Milton´s Areopagitica, John Mill´s On Liberty - we will discuss these philosophers in more detail next lecture.

13. Concepts & Definitions • Freedom of the press / media: Bound up with freedom of expression, but refers specifically to the media. Important to note that some constitutions do not specifically refer to this right, and assume that a guarantee of freedom of expression covers this. This loophole has been abused by many states, especially in countries where the media is not free. • Freedom of Information: Closely related to freedom of expression, but this is a right to “seek” and to “receive” information. It is stated alongside the right to express and disseminate information. This right has only gained recognition in the last 30 years, but has been in existence in Swedish law for more than 200 years (Toby Mendel in “Freedom of Information: An Internationally protected Human Right”, Comparative Media Law Journal, 2003

14. Concepts & Definitions • Media Pluralism: the notion of media pluralism is much broader than media ownership; it covers access to varied information so citizens can form opinions without being influenced by one dominant source. • Maintaining media pluralism is an essential condition for preserving the right to information and freedom of expression that underpins the democratic process.

15. Concepts & Definitions • Censorship: suppression of publications considered obscene, politically unacceptable, etc. • Hate speech: views which incite to intolerance or hatred between groups * We will discuss all these concepts in theoretical and empirical contexts in the upcoming lectures and seminars

16. Reflection • Need to think of these concepts in relation to situation in your own country. • Need to ask questions: • Should there be limitations to freedom of expression? • Should the right to freedom of expression be universal? What about cultural differences? • How does the rise of political Islam impact on freedom of expression? • Are transnational media companies limiting freedom of expression? • Are free speech & freedom of expression impossible ideals?

17. Freedom of Expression Principles • Universal Declaration of Human Rights- Article 19 (1948) • The International Covenant on Civil & Political Rights- Article 19 (created in 1966 and entered into force in 1976). • The European Convention on Human Rights- Article 10 (1950) • The American Convention on Human Rights- Article 13 (1969) • The African Charter on Human Rights - Article 9 (1981). Article 9 strengthened in the Declaration of Principles on Freedom of Expression in 2002. • The Arab Charter on Human Rights- Article 32 (2004)

18. Restrictions on Freedom of Expression • Blasphemy • Obscenity • Indecency offences • Racial hatred • National security • Criminal defamation

19. A good introductory book… • John Keane: Media and Democracy • Re-examines the relationship between media and democracy • Traces the modern ideals of freedom of expression & liberty of the press • Lays out the theoretical foundations of freedom of expression • Discusses different forms of state censorship in the 20th century • Examines the emergence of transnational media conglomerates and their threat to new media * Although the books is old (1991), it is still a very valuable book and tackles important issues of freedom of expression, media and democracy. Provides a good introduction to historical debates on freedom of expression.

20. Upcoming… • Next week lecture to focus on “Freedom Speech and Freedom of Expression: Theoretical Foundations: • John Keane (1991) • Dickerson & Tranger (1999) • Barendt- Chapter 1 (2005) • First seminar next week on Frid 19 Oct is compulsory. Register to be taken.