Yaman Akdeniz

The INTERNET: Legal Implications for Free Speech and Privacy

MA by Research in Law. (Centre for Criminal Justice Studies)

November, 1996.

This thesis deals with a new communications system, the Internet. Although it has similarities with traditional communication systems such as the print media, television and the telephone, the Internet has an interactive feature which enables its listeners to participate in dialogues and convey their views.

This new interactive multi-national environment has raised both freedom of speech and privacy issues related to it. My thesis will describe mainly the UK law with respect to freedom of speech, privacy, and defamation on the Internet but comparisons will be made with the US law where there has been recent developments. The thesis will identify from this description what is so different about the Internet and every chapter will include a critique of the existing law with respect to the Internet based on the values of free speech and privacy for the individual.

Chapter 1 is an introduction to the Internet and the services available through the use of the Internet.
Chapter 2 primarily examines freedom of speech theories with their relation to the Internet.
Chapter 3 examines the problem of pornography on the Internet. It looks at pornography from the perspective of free speech theories before moving into the UK and US legislation dealing with computer pornography. The chapter also examines the problem of child pornography and the recent attempts to regulate obscenity on the Internet both in the UK and the US.
Chapter 4 deals with privacy issues related to the Internet. It mainly concentrates on the use of cryptography but also deals with other issues such as data protection and interception of electronic communications.
Chapter 5 examines the law of defamation with relation to the Internet. The chapter’s main focus is the recent UK Defamation Act 1996 and the liability of Internet Service Providers but conflicts of laws issues related to the law of defamation are also discussed.
Chapter 6 is the conclusion to this research.