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Home arrow newsitems arrow Plenel to Eurofora on attempts for State/Big Corporation monitoring on Web NewsMedias + Free Speech

Plenel to Eurofora on attempts for State/Big Corporation monitoring on Web NewsMedias + Free Speech

Written by ACM
Monday, 08 January 2018
edwy_plenel_reply_to_agg_question_eurofora_400


*Strasbourg/International Kleber Library/Angelo Marcopolo/- Independently of a recent Controversy around "Charlie Hebdo" horrible Massacre by Deadly Islamist Terrorists cowardly Targetting Journalists and other Civilian People for Expressing a Critical point of view in public, (and/or of Mr Ramadan's wrongdoings, etc), "Eurofora" finds that the opinion of an Experienced Journalist, former Long-Time Newspaper Editor, and co-Founder of a Web NewsMedia outlet, as Edwy Plenel from France (f. "Le Monde", now "MediaPart"), on current Attempts to Monitor Free Speech at the Inrernet and/or Web NewsMedias by States and/or Big Corporations, as it results from the Reply that he gave to "Eurofora"s relevant Question, deserves to be published and become Part of a Wider Discussion, Nowadays in Europe, the USA and the rest of the World, which has just Started.


--------------------------------

 - "Eurofora" asked Plenel, in substance, about his reaction, from the point of view of Press Freedom and Freedom of Expression, to various recent attempts, anounced both in France and some Other Countries in Europe and elsewhere in the World, sometimes even by European/PanEuropean Organisations, etc., to take certain Measures for Monitoring by Governments and/or Big Corporations of various Publications at the Internet, from Social Networks up to Web NewsMedias, etc.


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   - Concerning that "Question about Freedoms", (as he resumed the above mentioned "Eurofora"s Query), Plenel noted, inter alia, that, f.ex., recently in France, "there is an anouncement about a Draft Law on <<Fake News>>, by the President of the Republic".


 - "My position is very Simple, on that", he went on to Reply, adopting, for the rest, "Eurofora"s approach, from a General point of view, (Comp. Supra) :


 - "I wait to see, First", before judging, he Carefully said, as a matter of Principle.


 >>> -  "But I Always feel a DisTrust whenever a Political Power, an Executive Power, pretends to Control Freedom by itself a priori", the Experienced Journalist/Web Editor Warned from the outset, as a matter of General Principle.


 - Because, "in a Regime of Freedom, we are Accountable of what we say, we write, a Posteriori", he pointed out.


- "It's not a regime of prior autorisation or prohibition".


 - "Even if I observe that a Fight is necessary against saying anything, by anyone,  in a Democracy of Social Networks", Plenel found.


 - In fact, "for me, the Real Battle is to make obligatory to be able to Identify the Persons, In order to be Accountable of what they have said, if they have Hurt some. As, f.ex., in case of Slandering, or in order to Identify the Author of an Article", etc., he went on to add.

=> - "But, once again, I feel Distrust ("I find it Suspicious") when a Political Power - even for the Best Arguments in the World -  starts claiming that it wants to Decide by itself on what Can be Said, or canNot be Said", he concluded.

 

edwy_plenel__international_library_kleber_eurofora_400


    I.e., a fortiori, when some Public Authorities empower a few Big private Multinational Corporations to exerce Censorship on the Web, even withOut Any Judicial and/or other Legal Guarantee against possible Abuse, mosty using, for that purpose, various Anonymous Individuals, often briefly Hired by Low-cost Intermediary Businesses, accross the World, withOut any serious Knowledge of Law and Ethics, Neither any Fair Legal Redress process clearly available to the possible Victims, (as several recent Blunders have recently Revealed in various Shocking Scandals, from Europe to North America, etc., including, f.ex., even a Parliamentary Group vice-President at the German Bundesrat, and the new US President Don Trump himself, with his Famous and Popular "Twitter" Account being Blocked by an obscure Turkish Migrant who had briefly come from Abroad, and left immediately afterwards !... Cf.: ...+ ..., etc).

 ----------------------

    + As for Plenel's (and others') recent Pressure to "Identify" the "Persons" of any Publication at the Internet, i.e. not just for Journalists' WebMedia NewsArticles, but Even for Simple Citizens' Publications at Social Networks, Web Forums, etc., apparently, it seems quite Dangerous, and Contrary to the Free Internet's principles since the Founding Fathers of the Web, to eventually Expose to Anybody the Personal Identity of any Net-Citizen who might Express a Political Opinion or Social View in a Public Debate at an Internet Forum.


    It's not for nothing, f.ex., that, in Democracy, every Political Vote is "Secret", as far as the Link with the Person who Voted is concerned... And how could, f.ex., a Civil Servant, dare Express any of his/her Political/Social Views at an Internet Forum, if he/she was always Obliged to Expose his/her Personal Identity to Anybody ? Obviously, he/she would Risk his/her own Professional Career, may be lose his/her Lob by Political/Social Hostility and/or Discrimination, etc., in real Practice. Last, but not least, even Simple Citizens might be Afraid to Freely Express their Socio-Political Opinions at Internet Forums or Social Networks, particularly on some "Hot" and Controversial Topical Issues, mainly Because of Fear of more or less Brutal Aggressions that they might Suffer from some Violent Socio-Political "Adversaries", among those who don't hesitate to abuse of Gross Insults and/or Various other Forms of Intolerance and Aggression against those who Think Differently : F.ex., even during a Public Debate held by Edwy Plenel himself, on anOther Issue, Today in Strasbourg's "International Library Kleber", a Young Person and/or others who dared Express some Critical, Dissident Socio-Political Views, were Brutaly and Repeatedly Bullied, facing even Loud gross Insults as, f.ex., among others, also : - "Bastard !" or "Corrupted  !" ("Pourriture !" in the original in French), "Sick Mind(s) !", "Red-Brown" (i.e. Communist-NAZI), etc...         

 

=> In order to Prevent such and/or even various Worse Aggressions which may Follow after a "Hot" Political/Social Debate on Topical Issues of Importance for the Society, it seems obviously much Better to Continue to Protect the Private Identity of each Participant at a Web Forum or Network, (Respecting a Founding Principle of the Internet), withOut Exposing it to Anybody.


    Otherwise, the Horrible Massacre of "Charlie Hebdo" isn't enough to Warn about various possible Dangers against Freedom of Speech nowadays ?


    However, on the Contrary, in case of Clear Abuse and/or Illegality, Slandering, etc., the Competent and Responsible Public Authorities should have the Legal Means to UnMask any eventual Wrong-Doer, in order to be able to use the traditional, adequate Legal Procedures if he/she really Aggressed someone else in an unjustifiable, Brutal and/or Damaging way. But, in Fact, it seems that this can Already be done, essentially, by the available Legal and Technical Instruments...



    However, on the Contrary, in case of Clear Abuse and/or Illegality, Slandering, etc., the Competent and Responsible Public Authorities should have the Legal Means to UnMask any eventual Wrong-Doer, in order to be able to use the traditional, adequate Legal Procedures if he/she really Aggressed someone else in an unjustifiable, Brutal and/or Damaging way. But, in Fact, it seems that this can Already be done, essentially, by the Available Legal and Technical Instruments...

 

    - So, why that Rush ?

 

 

(../..)

 

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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

imag0335_400


      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
-------------------------------

ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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