NATION

PASSWORD

[PASSED] Protecting Free Expression

A carefully preserved record of the most notable World Assembly debates.
User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

[PASSED] Protecting Free Expression

Postby United Massachusetts » Fri Jun 15, 2018 8:05 pm

Image
Protecting Free Expression
Category: Human Rights | Strength: Significant | Proposed by: United Massachusetts

Asserting that the most fundamental liberty of sapient individuals, freedom of thought, is rendered toothless without protecting also the outward ability to express said thought,

Contending, therefore, that freedom of expression, it being the manifestation of free thought, also stands among the foremost human rights, entitled unto all sapient creatures from birth,

Concerned especially for political dissidents, whose calls for justice and change have been cracked down on by certain, more sinister regimes,

Noting, however, that there do exist legitimate reasons to curtail free expression in situations where it infringes on other rights, such as the freedom from fraud or defamation, or hinders the peace and good order necessary for the preservation of civil society,

Bemoaning the dictatorial tendencies of those nations who would seek to include harsh limits on peaceful dissent under the banner of legitimate regulation,

Yearning, therefore, to strike a reasonable balance between protecting the right of free expression and permitting member nations to enact rational and well-meaning restrictions thereon,

This most august General Assembly, in the name of asserting the most natural rights of sapient individuals:

  1. Defines, for the sake of this resolution, the following terms:
    1. "free expression" as the ability to outwardly demonstrate, articulate, or otherwise express a political, cultural, social, moral, religious, ideological or other belief without fear of state punishment or reprisal,
    2. "defamation" as any exercise of expression which seeks to maliciously injure the reputation of another individual, group, or organisation, on the basis of false information, excluding satire and the critique of public servants in matters pertaining to their role,
  2. Permits member nations to enact reasonable restrictions on peaceful free expression in those cases where the expression constitutes:
    1. defamation, as defined in section 1b,
    2. blatant and explicit pornographic material,
    3. an incitement to violence or widespread lawlessness,
    4. a threat to civilian or military health or safety,
    5. perjury or any other threat to the functioning of judicial proceedings,
    6. the leaking of classified information, or other information obtained in confidence, except where the information constitutes evidence of serious wrongdoing and disclosure thereof is clearly in the public interest,
    7. an infringement on private or intellectual property rights,
    8. a violation of prior, unrepealed international legislation,

  3. Prohibits member states from hindering the right of individuals to free expression, excepting the restrictions established in section 2, and restrictions required to fulfill the mandates of WA legislation, or restrictions permitted in future, unrepealed WA legislation,

  4. Permits member states to enact reasonable restrictions in educational settings in order to better advance the functionality, safety, and effectiveness of the learning environment, presuming said restrictions are the least restrictive means by which to advance that goal,

  5. Clarifies that nothing hereinabove shall be interpreted as preventing member nations from reasonably regulating campaign finance,

  6. Permits member states to enact reasonable restrictions on the consumption of expression for minors.

"Name forthcoming. Also, The longest list in GA history, I'm pretty sure. Have at it, folks."
Last edited by Mallorea and Riva on Thu Aug 02, 2018 11:21 am, edited 34 times in total.
Reason: passed
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Fri Jun 15, 2018 8:10 pm

"Let it be known that the first edit is the addition of precisely one comma. No Kenmoria required."
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
Imperium Anglorum
Powerbroker
 
Posts: 8429
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Fri Jun 15, 2018 8:45 pm

Come on. Keeping adding exceptions into this thing, we'll get past the new character limit.

Author: 1 SC and 26 GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
Delegate for Europe
Out-of-character unless marked otherwise
Ideological Bulwark 285, WALL delegate

User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Fri Jun 15, 2018 9:05 pm

Imperium Anglorum wrote:Come on. Keeping adding exceptions into this thing, we'll get past the new character limit.

"Do you have a better idea? At least I added in a general thing for moral reprehensibility, intended as a catch all."
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
Attempted Socialism
Diplomat
 
Posts: 538
Founded: Feb 21, 2011
Ex-Nation

Postby Attempted Socialism » Fri Jun 15, 2018 10:15 pm

"If leaking sensitive government documents can be restricted, at least specify that if leaked to a journalist, that journalist can't be punished for putting the documents out in the open. Only the official originally leaking the government ought to risk any sort of punishment."
Represented in the World Assembly by
Ambassador and Chairperson of the Executive International Relations Committee
Marcie Elizabeth 'MacBeth' Illum
Ivory Tower Critical-Realistic Sardonic Marxist Curmudgeon
Danish Political Scientist Seeks True Love Tenure
Specialities: State development; corruption; IR theory; Vodka
Experiences: Office-running; political campaigns; navigating byzantine academia politics
Cui Bono, quod seipsos custodes custodiunt?

User avatar
Araraukar
Postmaster-General
 
Posts: 12326
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Sat Jun 16, 2018 12:59 am

United Massachusetts wrote:other explicit, blatant, and morally reprehensible forms of expression,

OOC: ...so how exactly is this an improvement to the one we have now? Except that this would be even more easily loopholed and walked over by every following resolution?
"I've come to appreciate boring bureaucracy much more after my official execution..." - Johan Milkus, acting ambassador in the absence of miss Leveret
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.

User avatar
Kenmoria
Senator
 
Posts: 3766
Founded: Jul 03, 2017
Corporate Bordello

Postby Kenmoria » Sat Jun 16, 2018 2:54 am

"Clause l seems vague in that is doesn't say what constitutes “good order”."
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

User avatar
Uan aa Boa
Diplomat
 
Posts: 617
Founded: Apr 23, 2017
Democratic Socialists

Postby Uan aa Boa » Sat Jun 16, 2018 6:04 am

If you don't exclude true statements supported by evidence and argument, your definition of defamation is likely to permit nations to ban political criticism, investigative journalism and whistle blowing.

User avatar
Kenmoria
Senator
 
Posts: 3766
Founded: Jul 03, 2017
Corporate Bordello

Postby Kenmoria » Sat Jun 16, 2018 6:07 am

"The “and” in clause g should be an “or”, otherwise member states could only prohibit people from releasing medical documents if they also released other sensitive information at the same time."
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

User avatar
Uan aa Boa
Diplomat
 
Posts: 617
Founded: Apr 23, 2017
Democratic Socialists

Postby Uan aa Boa » Sat Jun 16, 2018 6:12 am

Also, in your final catch-all category, morally reprehensible according to who? What do explicit and blatant mean? Is it not problematic to be morally reprehensible in an implicit and subtle way?

I understand the appeal of a miscellaneous category, but this one seems likely to be used to cover almost anything an ideologically motivated state doesn't like.

User avatar
Attempted Socialism
Diplomat
 
Posts: 538
Founded: Feb 21, 2011
Ex-Nation

Postby Attempted Socialism » Sat Jun 16, 2018 6:25 am

Uan aa Boa wrote:Also, in your final catch-all category, morally reprehensible according to who? What do explicit and blatant mean? Is it not problematic to be morally reprehensible in an implicit and subtle way?

I understand the appeal of a miscellaneous category, but this one seems likely to be used to cover almost anything an ideologically motivated state doesn't like.
"I asked our FoE expert to draft a mockup of a national bill banning religious speech based on the last exemption, to motivate the Ambassador of United Massachusetts to rework the draft here. I was told just before returning to the Chamber that the jurist found my practical joke to be explicitly and blatantly cruel and reprehensible. I have here on my desk three copies of the mockup for anyone who cares, with a fourth reserved for the delegation of United Massachusetts."
Represented in the World Assembly by
Ambassador and Chairperson of the Executive International Relations Committee
Marcie Elizabeth 'MacBeth' Illum
Ivory Tower Critical-Realistic Sardonic Marxist Curmudgeon
Danish Political Scientist Seeks True Love Tenure
Specialities: State development; corruption; IR theory; Vodka
Experiences: Office-running; political campaigns; navigating byzantine academia politics
Cui Bono, quod seipsos custodes custodiunt?

User avatar
A Bright Future
Spokesperson
 
Posts: 109
Founded: May 30, 2018
Left-Leaning College State

Postby A Bright Future » Sat Jun 16, 2018 6:35 am

I would say that I am as before opposed to this approach on the whole. We have a decent FoE. A repeal was proposed on the basis of one issue: misrepresentation. I disagreed that that could not be dealt with via a new resolution. This proposal is clearly aimed at providing a replacement for if the FoE is repealed. I disagree with this approach also as it tries to cover too much in one resolution. Can we not put in restrictions and protections in a series of targeted resolutions complementing FoE such as we did with FoR, as opposed to a wholesale repeal and replace?

User avatar
Liberimery
Envoy
 
Posts: 272
Founded: May 27, 2018
Anarchy

Postby Liberimery » Sat Jun 16, 2018 7:52 am

A Bright Future wrote:I would say that I am as before opposed to this approach on the whole. We have a decent FoE. A repeal was proposed on the basis of one issue: misrepresentation. I disagreed that that could not be dealt with via a new resolution. This proposal is clearly aimed at providing a replacement for if the FoE is repealed. I disagree with this approach also as it tries to cover too much in one resolution. Can we not put in restrictions and protections in a series of targeted resolutions complementing FoE such as we did with FoR, as opposed to a wholesale repeal and replace?


I concur and was afraid such a fix would be proposed on the heels of full repeal of freedom of expression. If free expression is to be protected, then the government may take no moral stance on any expression and must view it as either an exercise of protected speech OR an exercise of non-protected free speech. The moral nature of the speech may not influence this decision.

We hold extreme reservations with many of the provisions of this bill, including section 2e, section 2h, section 2i, section 2k, section 2l, section 2m, and section 4 in totality..

Any one of these sections could be used by a government body to restrict the freedom of expression of their citizens

In section 2e, suppose the ruling majority of a protected class of people use this exception to silence the voice of a minority protected class that are accusing them of biased actions. Or suppose advocacy of policy is not disparaging of any protected class but contains elements that are discussing issues of protected class status that are disagreed upon?

Section 2h is improperly defined and many a great work of art would be prohibited along with the less reputable. Shall we ban Michelangelo’s David along with Babes on Break part 16?

Section 2i again is too broad. Shall we ban ads for soft drinks as to much sugar does have health side effects? There is a condition known as water poisoning so shall we permit ads for bottled water brands? What about the possible threat of a Rollercoaster in an amusement park advertisement?

Section 2k, 2l, 2m all seem to open up wide holes in the resolution that any nation could use to invalidate the protections this article attempts to enact? If these three clauses persist, then it is better to never pass the resolution than to pass in same motion it's implementation and destruction.

User avatar
Kenmoria
Senator
 
Posts: 3766
Founded: Jul 03, 2017
Corporate Bordello

Postby Kenmoria » Sat Jun 16, 2018 8:32 am

a. defamation, as defined in section 1a,
b. plagiarism or academic dishonesty,
c. fraud: academic, corporate, or otherwise,
d. an attempt to incite civil disorder, chaos, or the violent overthrow of the state,
e. deliberate, malicious hate speech targeted at a group of individuals on the basis of attributes such as: race, sex, disability, religion, or nationality,
f. the unauthorised leaking of classified governmental materials,
g. the unauthorised leaking of patient medical records or other highly sensitive information of a similar nature,
h. pornographic material, when not artistic or critical in nature,
g. advertisements for tobacco, drugs, and/or other very harmful substances,
i. misleading advertisement,
j. other material whose existence poses a grave threat of causing physical harm to (an) individual(s),
k. material which poses a threat to health, safety, or the lawful conduct of society
l. other explicit, blatant, and morally reprehensible forms of expression, [strucken out to avoid loopholing]

"I've added some changes, additions and removals in blue pen, based upon this delegation's feelings."
Last edited by Kenmoria on Sat Jun 16, 2018 8:32 am, edited 1 time in total.
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Sat Jun 16, 2018 10:00 am

"Aaaah....so much. Will edit. Will respond. Maybe."
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Thu Jun 21, 2018 5:28 pm

"I have updated this resolution to deal with the criticism. In my present opinion, this resolution is the best alternative to FoE available. Name still forthcoming."
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
Liberimery
Envoy
 
Posts: 272
Founded: May 27, 2018
Anarchy

Postby Liberimery » Thu Jun 21, 2018 6:47 pm

You forgot perjury (lying under oath or during official proceedings).

User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Thu Jun 21, 2018 6:51 pm

Liberimery wrote:You forgot perjury (lying under oath or during official proceedings).

"What? It's in there."

OOC: Thank you. Fixed. :p
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Fri Jun 22, 2018 6:04 am

Thoughts?
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
Imperium Anglorum
Powerbroker
 
Posts: 8429
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Fri Jun 22, 2018 6:09 am

2(g) remove highly

Author: 1 SC and 26 GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
Delegate for Europe
Out-of-character unless marked otherwise
Ideological Bulwark 285, WALL delegate

User avatar
United Massachusetts
Minister
 
Posts: 2147
Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Fri Jun 22, 2018 6:11 am

"Done."
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


User avatar
Uan aa Boa
Diplomat
 
Posts: 617
Founded: Apr 23, 2017
Democratic Socialists

Postby Uan aa Boa » Fri Jun 22, 2018 6:23 am

I think I'll use clause 7 to restrict anything the government doesn't like the look of to people aged at least 300.

User avatar
A Bright Future
Spokesperson
 
Posts: 109
Founded: May 30, 2018
Left-Leaning College State

Postby A Bright Future » Fri Jun 22, 2018 6:41 am

I like this a lot more now.

"Prohibits member states from charging, detaining, or punishing journalists that publish information leaked to them," What is the relationship between this clause and the restrictions? I would allow that state sanctions to enforce restrictions include journalists. Plenty of times journos get info they cannot publish. Its a great way to enforce legitimate restrictions on expression.

I'm not so big on explicit references to natural law. I would leave them out. Including: "inherent within the natural world itself, and entitled unto all sapient creatures from birth," and "what the natural law of the universe has already proven true".

I have not heard about the "freedom from fraud" before. I would leave that out.

Have you considered including psychological harm in "other material whose existence poses a grave threat of causing physical harm to (an) individual(s),". I expect this would be tricky.

"the unauthorised leaking of classified governmental materials, patient medical records, or other sensitive information of a similar nature," Are patient records already protected by privacy laws? I think the two examples are very different and that means that other sensitive information of a similar nature is a little too loose. Also, maybe in this part, a restriction on information relevant to ongoing legal proceedings?

For hate speech, maybe include beliefs more broadly (not just religious), sexual orientation, and species?

So is this now in competition with the other proposal?

User avatar
Imperium Anglorum
Powerbroker
 
Posts: 8429
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Fri Jun 22, 2018 6:48 am

You’ll also have to et your age of majority that high, Boa, so you’ll suffer a great number of other problems.

Author: 1 SC and 26 GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
Delegate for Europe
Out-of-character unless marked otherwise
Ideological Bulwark 285, WALL delegate

User avatar
Uan aa Boa
Diplomat
 
Posts: 617
Founded: Apr 23, 2017
Democratic Socialists

Postby Uan aa Boa » Fri Jun 22, 2018 7:09 am

Imperium Anglorum wrote:You’ll also have to et your age of majority that high, Boa, so you’ll suffer a great number of other problems.

I think the insertion of the word "reasonable" should do the trick.

Next

Advertisement

Remove ads

Return to WA Archives

Who is online

Users browsing this forum: No registered users

Advertisement

Remove ads