Written by KNZ
By virtue of our nature as human beings, we are endowed with inalienable rights which throughout time, have been granted to us in the form of constitutions and universal human rights declarations. As these are our rights, it should be up to governments to protect them and ensure that everyone has the freedom to enjoy them. That being said, it is just as important for us to be aware of what our rights are, what we deserve in a democratic society, and what we’ve earned as citizens of this country. However, it must also be remembered that along with the rights which we possess, we are also shouldered with corresponding responsibilities and duties. To this end, the Malta National Youth Council (KNŻ – Kunsill Nazzjonali taż-Żgħażagħ) has been conducting an awareness campaign concerning the state of human rights in Malta in addition to the duties and responsibilities which accompany such rights.
As part of this campaign, KNŻ organised a panel discussion in commemoration of Human Rights Day, on the 10th of December 2021, with the event being titled ‘Freedom and Abuse in an Online World: Where do our rights end and responsibilities begin?’. The panel consisted of Athlete and Social Media Influencer Sarah Chouhal, Police Inspector John Spiteri, lawyer, activist and PL electoral candidate Naomi Cachia, and lawyer, activist and PN electoral candidate Emma Portelli Bonnici. Together, the panellists disseminated several topics emerging from the campaign’s main theme, whilst also providing their own insight into the Maltese context in relation to hate speech and online abuse on social media. Furthermore, the panellists also spoke up about their own personal experiences and views with regards to the issues being discussed, ranging from the role of social media companies in combatting online abuse, and the dichotomy between our duties as citizens, and the freedoms chosen by KNŻ as the focal point of this campaign.
Specifically, KNŻ has chosen to focus on freedom of expression particularly, freedom of the press and freedom of speech, with an emphasis on these rights as exercised in a modern setting, particularly via the use of social media, online platforms and technology as a whole. Prior to delving deeper, we must begin by defining these freedoms, and asses exactly what they entail. In so far as definitions are concerned, freedom of speech and freedom of the press stem from freedom of expression, as we see laid out in the European Convention of Human Rights (ECHR), and which is described as follows:
“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. ”
Having laid out the background, one can now conceptualise the theory behind such fundamental freedoms and how they are executed in practice. The campaign sought to draw attention towards the various means in which these rights may operate. Whilst we still make use of more traditional avenues in which we can express ourselves as individuals, particularly by putting pen to paper in order to publish our thoughts, there are several modern methods which can also be used, thus transforming the way in which these rights are perceived by society at large, and the platforms through which they are exercised.
As we have moved from print to a more digital press, so have we adopted a more virtual means of expressing ourselves, and of communicating with one another, beyond purely verbal and physical methods. Amongst the virtual means which we utilise nowadays, one of the most commonly used is undoubtedly social media, with this manifesting itself in the form of several online platforms and outlets, such as Facebook, Twitter, Instagram, and TikTok amongst others. Now it goes without saying that these platforms have proven to be tools for good and have unleashed a great deal of potential. Nevertheless, social media has also caused exposure to a good amount of harm, with this damage being inflicted through hate speech, harassment, and online abuse. Malta is certainly no stranger to all this, with the comment sections of several news outlets and online platforms often being riddled with mean-spirited remarks, with some also hiding behind the appearance of a fake profile.
It’s easy for people sitting in the comfort of their own homes to hide behind a screen and spew such vile comments. What’s even more important to remember is that such actions have consequences, including legal ones, for those committing these acts, but these consequences can also have considerable ramifications for whoever’s on the receiving end of them. Our rights and freedoms as individuals do not stand in isolation, as they ought to never be absent from the duties and responsibilities which accompany them, and which must never be forgotten. To this end, KNŻ is currently working on issuing a report consisting of recommendations which had emerged from throughout the panel discussion, and this campaign as a whole.