cearta.ie – Page 19 – the Irish for rights

Pictured left is Alexander Skarsgård (imdb | wikipedia) in the new Duncan Jones (imdb | wikipedia | blog) movie Mute (imdb | Netflix).

Skarsgård plays Leo, a mute bartender searching for girlfriend who has inexplicably disappeared in Berlin in 2052. In an interview in last Sunday’s Observer, he takes up the story:

… [Leo’s] search takes him deep into a neon-saturated underworld, populated by gangsters and a pair of anarchic American field surgeons (Paul Rudd and Justin Theroux) … “It’s very dystopian, but not that far-fetched unfortunately, because it’s a society run by corporations,” says Skarsgård. “You subscribe to a corporation and then they will provide everything for you – housing, healthcare, food – but they basically own you. …”. …

So we could be looking at the future then? Skarsgård looks a little traumatised and then sighs: “Hopefully not.”

I’m looking forward to the movie; but I’m not sure I agree that the best adjective to describe it is “dystopian”. It is entirely appropriate when a state goes bad; but it is not a good adjective to describe “a society run by corporations”. In fact, we don’t have a word for when a corporate society goes bad, so I’ve suggested “dysaguria”, as a noun meaning “frightening company”, and “dysagurian” as the adjective to describe that frightening company and the associated society run by frightening companies (see here | here | here).…

Legal reforms and practical responses are necessary to protect freedom of speech

13 November, 201724 November, 2017

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| Freedom of Expression

Yesterday’s Sunday Independent (front page pictured left) was something of a bumper issue for freedom of speech. The Editorial argued that it’s time to level the media playing field, and called on the Joint Oireachtas Committee on Communications, Climate Action and Environment to take into account the challenges facing all of the media, not just radio and tv stations, in its deliberations on the future of the television licence fee. And there were three other interesting columns in the print edition that were published online last night. Fergal Quinn argued that, with a referendum looming, the media should champion free speech, and we must learn to tolerate open debate. Eilish O’Hanlon argued that no-one should need to beg the Government’s permission to express an unpopular opinion. And Ruth Dudley Edwards praised Conor Cruise O’Brien as a revisionist who cared about truth and as a patriot who kept free speech alive.

Last week, the Long Room Hub in Trinity College Dublin and the Heyman Center for the Humanities in Columbia University, New York co-hosted a series of events in Dublin and New York on the challenges fake news poses to modern society. In yesterday’s Sunday Independent, Breda Heffernan reported on one of the Dublin events that fake news is a dark menace to truth, democracy and discourse.…

Consultation on the Status, Treatment and Use of the National Anthem

3 November, 20175 January, 2018

| 1 Comment

| National Anthem

The Seanad Public Consultation Committee was established “to facilitate direct engagement and consultation between members of the public and Seanad Éireann” (pdf).

It has just undertaken a Consultation on the Status, Treatment and Use of the National Anthem (pdf):

The purpose of this consultation is to invite submissions from interested parties or citizens to consider the most appropriate way the State should treat the National Anthem. This consultation process is being considered in the context of the music and English and Irish lyrics of the National Anthem no longer being in copyright. Legislative proposals have been made to address this issue. Seanad Éireann would like to consult with citizens on their views on this issue.

I have already commented at length on this blog about the issue, so I made a short submission to the Committee in which I referred to those posts, and answered some of the questions posed in the Consultation. In my view, the anthem should be treated with respect and dignity, and there is a good case to be made for legislation to protect it from inappropriate commercialisation. However, I do not think that copyright is a suitable means to this end. Instead, I think that it is a matter for a specialist piece of legislation, specifically directed to the issue.…

Digital resource lifespan, via xkcd; or why copyright law must permit digital deposit

2 November, 201730 April, 2020

| 1 Comment

| Copyright, Digital deposit

The description for this picture provides:

I spent a long time thinking about how to design a system for long-term organization and storage of subject-specific informational resources without needing ongoing work from the experts who created them, only to realized I'd just reinvented libraries.

This picture is worth many thousand of my words:

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The Irish Constitution at 80 – Property Rights, Proportionate Restrictions, and Media Pluralism

1 November, 20171 November, 2017

| 1 Comment

| Conferences, Lectures, Papers and Workshops

A conference to mark 80 years of Bunreacht na hÉireann, the Irish Constitution, will be hosted by the School of Law, University of Limerick on 11 November 2017 in the Irish World Academy of Music and Dance. The conference will bring together judges, scholars, practitioners, and those with experience of constitutional governance to reflect upon and discuss the past, present and future of Ireland’s constitutional order at this important milestone. Keynote presentations will be delivered by Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission, and Mr Justice Donal O’Donnell, Judge of the Irish Supreme Court. I will be delivering a paper in the following panel:

PROPERTY, SOCIAL ECONOMIC RIGHTS AND INJUSTICIABILITY

Dr Eoin O’Dell: Property Rights, Proportionate Restrictions, and Media Pluralism

Dr Claire M Smyth: Social and Economic Rights, Irish Constitution and International Obligations

James Rooney: The Injusticiable Constitution and the Common Good: The Preamble and Directive Principles in Contrast

This is the abstract of my paper:

A Report on the Concentration of Media Ownership in Ireland (2016) raised “grave concerns about the high concentration of media ownership in the Irish market”, and the Irish report for the EU’s Media Pluralism Monitor recommended that legislative limits on levels of media concentration should be applied retrospectively.

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Making headlines defending speech

26 October, 20171 November, 2017

| 1 Comment

| Freedom of Expression, Irish Society

In Trinity College Dublin, where I work, the Long Room Hub is the College’s Arts & Humanities Research Institute. It hosts over 250 events each year, including a discussion series entitled Behind the Headlines, which offers background analyses to current issues by experts drawing on the long-term perspectives of Arts & Humanities research. In particular, the series “aims to provide a forum that deepens understanding, combats simplification and polarization and thus creates space for informed and respectful public discourse.”

In the recent past, the series has featured discussions on artificial intelligence, Trump’s America, Syria, and Brexit (not once but twice). The next event in this series will be on Monday 6 November 2017, 6:30pm to 8:00pm, on

Freedom of Speech: Where Journalism and the Law Collide at the Boundary of 21st Century Debate

In a world where truth is under siege, freedom of speech has never been more important. But, as outrage and offense in public debate become a commodity for social media technology giants, the future of professional journalism in educating public opinion while challenging authority and power is increasingly under attack. …

This discussion is part of the ‘Fears, Factions and Fake News’ symposium held in conjunction with Columbia University and in partnership with Independent News and Media.

…

The Irish Supreme Court begins to enter the television age

24 October, 201724 October, 2017

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| Irish Supreme Court, Open Justice

When the UK Supreme Court was established in 2009, with the capacity to broadcast its proceedings, I wondered when the Irish Supreme Court would follow suit, and televise its proceedings too. Today, I have the beginnings of an answer. This morning, the Supreme Court televised its proceedings for the first time, when it broadcast the delivery of two judgments. That broadcast should be available, for the next few days at least, via the RTE Player.

Chief Justice Clarke said that the move was aimed at “demystifying” the courts process, and allowing people to “see how their highest court operates”. He also described the move as a “baby step” which could lead to wider filming of the courts in the future. I hope that it will not be long before the Supreme Court routinely broadcasts its proceedings as its UK counterpart does, and there is certainly potential for the broadcast of proceedings of other courts too. The Irish Times said:

The live broadcasting of court proceedings has been discussed for years but the impetus for it has been attributed to a meeting five years ago between Ms Denham and then RTÉ deputy director general Kevin Bakhurst. Since his appointment as Chief Justice last July, Mr Justice Clarke has been keen to advance the project, and his involvement and support was a crucial factor.

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The copyright implications of a publicly curated online archive of Oireachtas debates

2 October, 201730 April, 2020

| 3 Comments

| Copyright, Digital deposit

From a twitter thread by Philip Boucher-Hayes last week, I learned that Ken Foxe had reported in the Irish Mail on Sunday that nearly ten years of video footage of Oireachtas debates and hearings had been taken offline. A spokesperson for the Houses of the Oireachtas said that the videos were removed because they had little traffic and were in an obsolete format. However, after an outcry online, the footage was restored, though with limited functionality. To overcome first the takedown, and then the limitations, various concerned netizens – including, I understand, Gerard Cunningham, Emerald De Leeuw, Elaine Edwards, and Sterling Plisken – have begun work on a publicly curated online archive of Oireachtas debates and hearings.

This is not the first time that civil society has had to step up when public functions have stepped back (see the story of the demise and return of KildareStreet.com, with various backups here and here). So, I think that a publicly curated online archive of Oireachtas debates is a fantastic idea, and I hope it prospers. It also provides a context in which I can discuss an important issue relating to Oireachtas copyright and digital deposit.…