The regulation of new media : a necessity or an obstacle to free speech?

Abstract

The internet has quickly emerged as one of the main media for human expression. It has opened new avenues for dialogue not only for professional journalists but also for bloggers, and citizen journalists. While this process has facilitated communication worldwide and the access of information for all, it is becoming even harder to control the type of information that is spread worldwide. While there is no common law for the internet, there is an increasing move towards even more regularisation, with individual countries choosing their own regime. New principles and declarations are also being made by major international institutions, each advocating that 'what is protected offline must also be protected online.' On the other hand, regularisation has also often come into conflict with freedom of expression. Various laws are being enacted which have a severe effect on an individual's right not only to express his opinion but also to access information. In the war on various illegalities that happen as a side-effect of the open web phenomenon, important human rights principles are often caught in the crossfire. While there is no question as to whether governments should interfere on illegalities, disputes arise when it comes to the extent of such interference. The answer to such conflict is the recognition of New Media into existing law, as well as the incorporation of protective measures for the journalist. Defences for the journalists and authors include not only the recognition of Digital Rights in the Constitution of Malta, but also other protective measures via Anti-SLAPP Law.