SOME ASPECTS OF FREEDOM OF SPEECH WITHIN DIGITAL SPACE IN THE MODERN WORLD

Authors

  • Danara Bagdatovna Abdildina
  • Mira Zhumagazyevna Kulikpaeva

DOI:

https://doi.org/10.52026/1994-408X_2020_62_4_112

Keywords:

freedom of speech, digitalization, the Internet, human and civil rights, access to information

Abstract

The article is devoted to the transformation of freedom of speech within the digital space. With the development of communication platforms on the Internet, from small forums to social networks and news portals with millions of users and readers, freedom of speech, has obtained an unprecedented scope of distribution and thus has faced a number of problematic aspects in the last decade.

The authors methodically consider the main aspects of this freedom, such as its content and the subject structure of legal relations. Taking into account the fact that freedom of speech is not absolute, i.e. it may be subject to restrictions, authors will pay special attention to the grounds and the methods of its restriction.

Nowadays state authorities in order to prevent distribution of illegal and inappropriate content apply such measures as blocking of website, search engine filtering and content removal from website. As universal practice shows the application of these measures requires compliance with certain rules: the imposed restrictions must be based on the law, be proportionate and necessary in a democratic society. The authors consider the main aspects of application of protection measures and also provide examples from Kazakhstani practice. At the same time, the article notes that a certain role in the appointment of one of these measures is played by the extraterritorial nature of the Internet. Experience of foreign countries defines that states extend their jurisdiction even in cases when servers of website located abroad or when a person who posted the illegal content is a foreign citizen.

Thus, the authors made an attempt to analyze the characteristic features of freedom of speech on the Internet and make a forecast of its further development.

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Published

30.09.2020

How to Cite

Abdildina, D. B., & Kulikpaeva, M. Z. (2020). SOME ASPECTS OF FREEDOM OF SPEECH WITHIN DIGITAL SPACE IN THE MODERN WORLD. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(62). https://doi.org/10.52026/1994-408X_2020_62_4_112