حرية الرأي والتعبير في ظل المتغيرات الجزائية
Date
2020-06-04
Authors
يارا هشام علي أبو صبيح
yara hisham ali abu sbeih
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة القدس
Abstract
Freedom of speech and expression is considered one of the most prevalent arguments around the world, since its forms are not confined to specific cases or even specific images, so the recruitment of freedom of speech and expression took many ways from the new and emerging means in the world according to the increase of crimes that violate it and express the world's contempt for bullying and violating laws regarding this freedom.
Although local criminal legislations in Palestine have settled on dealing with ordinary crimes that is subject to restrictions on the freedom of speech and expression, it has not kept pace with the current improvement in dealing with the developments of this era. It is suitable for normal life, which means using old techniques to express the opinion, without expanding the perspectives, until these laws are good or fit the future. Then we will find that immediate and time were predominant in the legislator’s point of view of legalizing the laws.
The criminal legislator has addressed the reactionary theory to use the integral laws that was emerged to append with everything that is new in the human life and what it had in it, in its modernization, so it was declared by the private law on the synchronized ways to develop freedom of expression and expression regarding vital communication through publishing and publications, so he devoted his research on the parts The deficiencies and the gaps left to the individual in their manipulation of this universal freedom, and eagerness to threaten the absolute freedom of others in their prejudice by respecting the private life of the legal or normal individuals in order to avoid prejudice to their personal dignity and honor, and to consider everyone who threatens the means of freedom of speech and expression. Here, the legislator has signed a limitation in the legal view, but it was characterized by specialization in a certain scope, which is publication and printing.
As for the last aspect of freedom of speech and expression at the present time, it has been expanded, centered and characterized as an infinite expression of idea, and the harsh opinion in the means that was provided by the current development through social media and the emerging of the internet in the individual’s life and making the world a small world. These advantages from this method are great and invaluable, but the negativity of this system has collapsed to take new crimes in an unprecedented manner and at a high speed that makes it difficult for the competent authorities to keep pace with.
Thus, this study focuses on answering the questions raised through a plan consisting of the preliminary research and two chapters. The first chapter talks about the limits of restricting freedom of speech and expression in the communication forms such
as the form of criminalization, prosecution and punishment, while the second chapter was devoted to study the restriction of freedom of speech and expression under the of penalties’ features through narratives in the restrictions on freedom of copyright, freedom of expression in the visual and audible framework, then extract the results and issuing recommendations for this study in order to address the imbalance that occurred in the legislator, in addition to develop new suggestions for the legislator to amend the law so it can be consistent with of the human life.