The Limitations of Freedom of Expression in Electronic Media

Many mistakenly believe that there are multiple limitations to the freedom of expression when using electronic media. However, there is essentially only one significant constraint: the legal framework governing the royalties and privacy concerns related to the input and dissemination of content.

Legal Constraints and Privacy Concerns

One of the primary limitations is the legal barrier regarding royalties. The extent to which you are able to collect royalties due to your input is limited, and this can vary significantly among jurisdictions. For instance, the High Court of Appeals in the USA ruled that ISPs could not sell user data without consent, reflecting a move against the privacy invasion of collecting user information without purpose.

This issue gained significant attention during the Obama-era when the Open Internet Order was overturned, allowing ISPs to sell user data. Proponents argued that this move would enhance economic benefits by allowing data to be sold for marketing and other purposes. However, critics warned that it could lead to increased stalking, cybercrime, and identity theft.

While privacy concerns are contentious, legal avenues to address these issues often require proving harm. For instance, if you can sue an ISP for using your data, you would typically need to demonstrate actual harm or damage caused by the unauthorized collection and use of your personal information.

The Role of Social Media Platforms

Another limitation often highlighted is the control exerted by social media platforms over user-generated content. Platforms such as Facebook and Twitter can maximize their revenue by encouraging users to engage in heated debates and arguments. While this can often lead to polarized discourse, it does not necessarily represent a legal barrier to freedom of expression.

These social media companies are not legally obligated to protect or allow user speech under most jurisdictions. By signing up for these services, users agree to the terms and conditions, which means they are bound by the platform’s policies even if they did not fully read them. This limitation is often a point of contention but does not directly restrict freedom of expression.

Geographical and Jurisdictional Differences

Freedom of expression is heavily influenced by the legal and cultural context of each country. For example, in Germany, it is illegal to glorify Nazism, while in the United States, certain forms of criticism of the LGBTQ community may be subject to censorship. Similarly, in Russia, it is illegal to criticize the army, and in Ukraine, criticizing Nazi soldiers and Zelensky’s policies is similarly restricted.

However, if you wish to run your own servers and publish content on your own network, you may face fewer legal constraints. While you might still need to comply with laws on topics like child pornography, you have the freedom to express yourself as you see fit. During the era of Bulletin Board Systems (BBS), companies like CompuServe and Delphi provided such platforms, allowing users to freely exchange information and share content.

Conclusion

The freedom of expression in electronic media is indeed constrained by legal frameworks, primarily around royalties and privacy. However, the extent of these constraints varies widely depending on the country and the platform involved. Understanding these limitations is crucial for individuals and organizations to navigate the digital landscape effectively and responsibly.