Censored links: Linking as a crime The World Wide Web is constituted by documents linked with other documents, thus allowing access to referred documents. Censorship affects hyperlinks as well. Say, you publish an essay on racist propaganda on the Net and make link references to neo-nazi web sites. It goes without saying that you do not endorse neo-nazi pamphlets. By linking to these web sites you want your readers to get an idea of what you are writing about. Linking does not necessarily mean approving. Is this not evident? According to Swiss and German prosecuting attorneys you may have committed a crime without having illegal intentions. From his web site Thomas Stricker, director of the Institute of Computer Systems at the ETH Zurich, has linked to an anti-racist web site with links to racist content in order to draw the attention to the difficulties legal regulation of the Net has to face. Neglecting his intentions, Swiss authorities instituted a criminal action against Stricker. Another case, reported by the Global Internet Liberty Campaign, proves that not just links to racist resources or to resources with links to such resources are under prosecution. The Motion Picture Association of America sued to prevent Internet users from linking to websites that have DeCSS, a program helping Linux users play DVDs on their computers. The trial is scheduled for December. References: Global Internet Liberty Campaign, Hollywood wants end to links, in: GILC Alert 4,4, April 24, 2000, http://www.gilc.org/alert/alert44.html Wolfgang Näser, Allgemeines zum Thema "Homepage", Florian Rötzer, Ab wann ist ein externer Link auf strafrechtlich relevante Inhalte selbst strafbar?, in: Florian Rötzer, Strafverfahren gegen ETH-Professor wegen Links zu rassistischen Websites, in: Florian Rötzer, Ab wievielen Zwischenschritten ist ein Link auf eine rechtswidrige Website strafbar, in: |
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Censorship and Free Speech There is no society - in the past or in the present - free of censorship, the enforced restriction of speech. It is not restricted to authoritarian regimes. Democratic societies too aim at the control of the publication and distribution of information in order to prevent unwanted expressions. In every society some expressions, ideas or opinions are feared. Censored are books, magazines, films and videos, and computer games, e.g. In defence of its monopoly of truth, the Catholic Church published a blacklist of books not allowed to be read: the Index librorum prohibitorum. As indicated by the fact that every declaration of human rights - including the United Nations' Declaration of Human Rights and the To a high degree the Protestant Reformation was made possible by the invention of the printing press. Now those who were capable of writing and reading no longer needed to rely on the priests to know what is written in the Bible. They could compare the Bible with the sermons of the priests. This may be one of the reasons why especially in countries with a strong Protestant or otherwise anti-catholic tradition (with the exception of Germany), free speech is held in such high esteem. There seems to be no alternative: free speech without restriction or censorship. But censorship is not the only kind of restriction of speech. Speech codes as politically correct speech are restrictions, sometimes similar to censorship; copyright, accessibility and affordability of means of communication are other ones. Because of such restrictions different to censorship, we cannot think coherently about free speech independently of issues about social justice. Many campaigns for free speech, the right of free expression are backed by the concept of free speech as unconstrained speech. That is perfectly well understood under the auspices of regimes prominently, which try to silence their critics and restrict access to their publications. But the concept of free speech should not solely focus on such constrains. Thinking of free speech as unconstrained speech, we tend to forget to take into account - to campaign against - these other restrictions. Additionally, free expression understood in that way offers no clue how to practice this freedom of expression and what free speech is good for. In liberal democratic societies censorship is not justified by recurring to absolute truth. Its necessity is argued by referring to personal integrity. Some kind of expression might do harm to individuals, especially to children, by traumatize them or by disintegrating personal morality. Some published information, such as the names of rape victims, might infringe some people's right on privacy or some, as others say, such as pornographic images or literature, e.g., infringes some people's right on equality (how?). For more information on the history of censorship see |
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1996 WIPO Copyright Treaty (WCT) The 1996 |
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Hieroglyphs Hieroglyphs are pictures, used for writing in ancient Egypt. First of all those pictures were used for the names of kings, later more and more signs were added, until a number of 750 pictures |
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