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Discourses on Truth and Censorship in Plato's Politeia Compared with Today's Internet Regulation.

Presentation at the Conference on Freedom of Expression, 8-9 May 2014 University of Helsinki

13 Pages Posted: 19 May 2014  

Jaanika Erne

University of Tartu Faculty of Law

Date Written: April 9, 2014

Abstract

Deriving from the inherent controversy in Article 10 of the ECHR containing in its first section a fundamental freedom but at the same time in its second section justifications for restricting and limiting that freedom, the research addresses the discourses in Plato’s "Politeia" on truth and censorship as they also represent sides of ethics and politics together. In the end, the research attempts at categorizing from the given basis the today's arguments against and for internet regulation.

Because of the "more" Socratic ideas in Plato’s "Politeia" of truth -- the idea of naturally superior people with love of the truth, difference between the philosopher (who discusses) and a rhetorician and his trainees (who deceive), also that the people who are better able to know the truth are to rule -- the discourse of truth is deemed comparable with the first section of Article 10 of the ECHR.

The ideas of censorship in Plato’s "Politeia" have been understood to include censorship as given in the hands of these superior people with love of the truth, and to include justifications of censorship, which justifications serve different aims -- one may agree with the conclusion that the overall purpose is to make life and accommodation to life cycles and societal processes easier for common people, creating for them better image of afterlife so that they would not be afraid of death; picking for them noble and modest people as examples to follow, so that they (as their governors or idols) would not lament, be modest, self-disciplined and obedient - thus telling lies is allowed for the good of the city, to maintain good behaviour, for traditionality in educational process, to avoid astray, for unity of rulers, political stability, creation of image of just State for citizens – the lies are thus noble and they purposefully aim at maintaining social harmony. The discourse of censorship can be deemed comparable with the second section of Article 10 of the ECHR.

Understood that way, censorship in Plato’s "Politeia" constrains truth because it contains lying and Plato’s "Politeia" has been understood as containing both ethics and politics at the same time. The idea of censorship has been deemed political because censorship would be impossible without the group of rulers of a political community determining for other people the community's content and application. On the other hand, Plato has forwarded the importance of just order for getting the best rulers to satisfy moral expectations, thus one could argue that truth and censorship together in Plato’s "Politeia" would serve as basis of justness, just society.

Based on such understandings an attempt has been made to categorize contemporary arguments in academic research and case law against internet regulation (purposes of education and academic activities, freedom of expression, antidemocratic nature of surveillance and isolation, human dignity, privacy, dataprotection, protection of public interest, internet as a powerful basis for shaping public opinion and social relations having direct access into consciousness of millions of people thus an important tool for political activity, absence of a clear border between just censorship and politically persecuting censorship, free market rules, dynamic competition, encouragement of private investment, public access, access to services, equal opportunities of citizens, maintenance of cultural and linguistic plurality, global cooperation instead of global competition, (and less related: internet has still unregulated areas being still under development, impossibility to govern speedy and multilayered unpredictable development of internet, absence of the ultimate owner of internet due to polarity of actors, absence of legal personality of internet – the latter arguments are rather technical than substantial)); and for internet regulation (public interest, defamation, slander, other infringes on human dignity, data protection, pornography, internet fraud, money laundering, drug trafficking, racial hatred, consumer protection, trademark rights, other intellectual property rights, need to provide clear and exact tax system, consequent need for responsibility, spread of global governance (some arguments are simultaneously used both for and against internet censorship, and most of the arguments are frequently used for justifying both -- State-level and global control).

Keywords: freedom of expression, controversy in Article 10 ECHR, ethics and politics, truth and censorship in Plato's Politeia, internet censorship

JEL Classification: K33, H11, B30, B31

Suggested Citation

Erne, Jaanika, Discourses on Truth and Censorship in Plato's Politeia Compared with Today's Internet Regulation. (April 9, 2014). Presentation at the Conference on Freedom of Expression, 8-9 May 2014 University of Helsinki. Available at SSRN: https://ssrn.com/abstract=2438244 or http://dx.doi.org/10.2139/ssrn.2438244

Jaanika Erne (Contact Author)

University of Tartu Faculty of Law ( email )

Näituse 20
Tartu, 50409
Estonia

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