Freedom of Expression and The Intermediary Liability in Palestine
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Internet is an important tool for developing and exercising human rights these include the promotion, protection and enjoyment of human rights on the Internet and the right to freedom of expression (FoE). FoE is essential in any society; it is the cornerstone of all human rights and social needs. The paper objective is to identify to what extent the Right of FoE on the Internet is respected and practiced in Palestine. The aim of protecting FoE is to create an enabling environment for innovation, which balances the needs of governments and other stakeholders around the world based on international human rights instruments and other international legal frameworks. In this paper we explore the reality and the perceptions of FoE on the Internet in Palestine FoE. In this research we studied the Palestinian legal framework of FoE on the Internet in comparison with the International conventions that Palestine State acceded to, the practices of FoE on the Internet in Palestine and the access to the Internet and its infringements in Palestine. This research adopted an exploratory methodology, two methods used to achieve the research objective, first method; a qualitative approach is used in which national and international laws, formal reports and interviewee’s opinion were gathered. The sample was three ISPs, a group of Palestinian legal advisory and Palestinian key persons. The second method was a quantitative method in which online data questionnaire was used to collect responses from different subjects. The questionnaire sample was postgraduate from Al-Quds University; the retrieved forms were 169 form. As a result of the research, it was concluded that that theoretically the Palestinian legal framework guarantees FoE though in practice there is a gap between realities and prospective, moreover Palestinian does not have sufficient legal awareness.