YSEC Yearbook of Socio-Economic Constitutions 2021: Triangulating Freedom of Speech

This volume discusses the challenges of upholding freedom of speech in the modern world, where it conflicts with social rights such as respect for private and family life and economic rights such as the freedom to conduct business or the right to free movement. The authors argue that while technology has empowered individuals to share their thoughts and participate in public debate, it has also led to the rise of "fake news" and echo chambers. They suggest that a fair balance must be struck between protecting freedom of speech and ensuring social and economic rights, and that this requires a shift in our constitutional compass to account for the changing nature of communication.

Format: Hardback
Length: 264 pages
Publication date: 13 July 2022
Publisher: Springer International Publishing AG

This comprehensive volume delves into the pressing challenges of the modern era, fueled by cutting-edge technology, that arise in the realm of upholding freedom of speech while balancing it with social rights, such as respect for private and family life, and economic rights, such as the freedom to conduct business or the right to free movement. In the ever-evolving digital landscape, technological advancements occur at a rapid pace, often surpassing the grasp of the average individual. However, some of these developments have bestowed upon us remarkable power, particularly in the realm of media. Traditionally, we relied on newspapers and television screens as our primary sources of information, with a limited number of authoritative voices shaping our understanding of the world. Today, however, the advent of the Internet, social media, and Web 2.0 has transformed the way we communicate and engage with the outside world. We now possess the ability to share our thoughts, ideas, and perspectives with a global audience, fostering a sense of self-determination and participation in public discourse. While the Internet has undoubtedly democratized communication, it is important to recognize that it does not serve as a direct challenge to the established power structures of the past. The gains in communicative self-determination are threatened by the prevalence of algorithmization, platformization, and the extraction of value from self-created private markets. At the same time, the empowerment of the individual poses a challenge to the traditional "grand speakers" who have historically held a dominant position in shaping public opinion. The rise of "fake news," copyright infringement, and the implementation of "upload filters" has highlighted the complexities and uncertainties surrounding Internet-based speech. The current debate over these issues demonstrates our need for a comprehensive and adaptable approach to address the evolving phenomena of online communication. However, our constitutional framework, rooted in the past, may not fully equip us to navigate the rapidly changing landscape of digital discourse. Constitutions, being the bedrock of legal systems, tend to change at a slower pace than technologies. This mismatch creates a gap in our understanding and ability to adapt to the rapidly evolving nature of communication. To bridge this gap, it is crucial to engage in ongoing discussions and reforms that prioritize the protection of freedom of speech while also ensuring the well-being and rights of individuals and communities. This requires a nuanced and balanced approach that considers the potential benefits and risks associated with technology, as well as the values and principles that guide our society. In conclusion, the interplay between technology, freedom of speech, and social rights in the modern world presents a complex and multifaceted challenge. While the Internet has opened up new avenues for communication and empowerment, it is essential to address the potential threats and uncertainties that arise from its rapid evolution. By fostering dialogue, promoting education, and advocating for reforms that balance the interests of all stakeholders, we can create a digital landscape that upholds the values of freedom, equality, and democracy.

Weight: 576g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031085130
Edition number: 1st ed. 2022