Re: [gtld-council] Update on new TLDs discussion: small group work on "morality and public order"
- To: Liz Williams <liz.williams@xxxxxxxxx>
- Subject: Re: [gtld-council] Update on new TLDs discussion: small group work on "morality and public order"
- From: Robin Gross <robin@xxxxxxxxxxxxx>
- Date: Sat, 07 Jul 2007 06:44:23 -0700
I understand the desire to find definitions for these terms.
But we need to keep in mind their context.
We may be using these terms to define what expression can be prevented.
/Sub-para 2 says that expression "shall not be subject to prior
Article 13 (cited) expressly forbids prior censorship -- so we could
using the definitions, in order to achieve what the Article explicitly
prohibits: prior restraints on speech.
Liz Williams wrote:
In light of yesterday's discussion about the inclusion of the phrases
"morality and public order" in the text, I have excerpted below a
footnote from Wolfgang Sakhalin's paper (submitted by the NCUC as
expert advice) which is available
You'll see in Section 2 Paragraph 2 that the wording about public
order and morals is included (as a limiting test on how to apply the
/American Convention on Human Rights, 1144 U.N.T.S. 123, Article 13
/“Freedom of Thought and Expression/
/1.Everyone has the right to freedom of thought and expression. This
right includes freedom to seek, receive, and impart information and
ideas of all/
/kinds, regardless of frontiers, either orally, in writing, in print,
in the form of art, or through any other medium of one's choice./
/2.The exercise of the right provided for in the foregoing paragraph
shall not be subject to prior censorship but shall be subject to
/imposition of liability, which shall be expressly established by law
to the extent necessary to ensure:/
/1.respect for the rights or reputations of others; or/
/2.the protection of national security, public order, or public health
/3.The right of expression may not be restricted by indirect methods
or means, such as the abuse of government or private controls over
/radio broadcasting frequencies, or equipment used in the
dissemination of information, or by any other means tending to impede the/
/communication and circulation of ideas and opinions./
/4.Notwithstanding the provisions of paragraph 2 above, public
entertainments may be subject by law to prior censorship for the sole
/regulating access to them for the moral protection of childhood and
/5.Any propaganda for war and any advocacy of national, racial, or
religious hatred that constitute incitements to lawless violence or to
/similar action against any person or group of persons on any grounds
including those of race, color, religion, language, or national origin
/considered as offenses punishable by law.”/
If the small group that is discussing this particular issue could
refer to this as an example and to other examples in different
jurisdictions it would be very helpful.
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob