Week 7 - Freedom of Expression/Information Flashcards
What is meant by Freedom of Expression?
The right to express one’s ideas freely through speech, writing and other forms of communication
Give UK Legislation that constrains Freedom of Expression
Obscene Publications Act, 1959 and 1964
Protection of Children Act, 1978 and 1999
Official Secrets Act, 1989
Computer Misuse Act, 1990
Criminal Justice And Public Order Act, 1994
Defamation Act, 2013
What is defamation?
“the publication of a statement which reflects on a person’s reputation and tends to lower him in the estimation of right thinking members of society generally or tends to make them shun or avoid him.”
Rogers, 1998
What makes Libel different from Slander?
Libel is written, Slander is spoken
Give key points about the defamation act 2013
- Have to show serious harm before suing
- Removes presumption in favour of jury trial
- Introduces defence of ‘responsible publication on matters of public interest’ or privileged publicaitons
- Increased protection to operators of websites hosting user generated content, providing they comply with procedures to resolve disputes.
Give other legislation relevant to FoE for computing professionals
The Malicious Communications Act, 1998
• The Trade Marks Act, 1994
• The Copyright, Designs and Patents Act, 1988
• The Regulation of Investigatory Powers Act, 2000
• The Telecommunications (Lawful Business Practice) Regulations,
2000
• Counter-Terrorism and Security Act, 2015
Give the measures to regulate internet access, use and content
- Technical
- Metadata
_ Acceptable Use Policies - User education
- Disclaimers
- Self regulatory initiatives
What are the general principles of the Freedom of Information Act 2000
- Openness and transparency
- Financial accountability of public sector
- Public right of access to ‘recorded’ information held by the government and public authorities
- The public interest
- Exemptions but subject to appeal
Key benefits of the FoI Act 2000
- Improved admin and decision making
- Accountabiltiy in spending of public moneu
- ALlowing the public to understand decisions about them
- Promoting public health and safety
Pedley p.107
Who’s covered in FoI requests?
Gov
NHS
Public bodies
Public Services
Facts revealed by the FoI 2000
Ministers claimed thousands on taxis.
Foreign diplomats were accused of serious crimes while working in britain
The prince of wales routinely has full access to Cabinet papers
Role of the Information Commissioner
- Enforce compliance with the act
- Promote good practice
- Approve and advise on schemes
- Advise the public on their rights
- Report to parliament
ICO
Three codes of practices in FoI
Responding to requests
Records Management
Obligations of public authorities under Environmental Information Regulations 2004
In response to requests public authorities..(Freedom of Info requests)
- Must respond promptly
- May charge a fee
- Must tell the requester whether the info is held
- Must give reasons for refusal
- Must tell the applicant of their right to complain
Exemptions to Freedom of Info requests
- Info regarding national security, law enforcement, commercial interests or personal data
- Test of prejudice, ie release would prejudice crime
- Public interest test - public interest in withholdding info
- Information that is already available
- Intended for further publication
- Info that would prejudice UK relations
- Info that would prejudice UK economic or financial interests
- Ongoing criminal investigations
- Vexatious or repeated requests
