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#373 Erkenningsnummer P708816

march 25, 2015 \ newsweekly - € 0,75 \ rEad morE at www.flandErstoday.Eu currEnt affairs \ P2

Builders for the national side

A consortium has been selected to build the new national football stadium

Politics \ P4

BusinEss \ P6

innovation \ P7

on the down-low

The amount of sugar hidden in food we eat may surprise you, but the industry says the sweet stuff is being unfairly vilified

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Education \ P9

art & living \ P10

Between life and death

A simple and poignant exhibition in Bruges couples portraits of those in hospice care with their feelings and advice \ 14

© Zumapress

members of protest group anonymous demonstrate against censorship outside Brussels’ Beurs

Policing the internet

the delicate balance between censorship and protection in a brave new digital world senne starckx more articles by senne \ flanderstoday.eu

From China’s hard-line stance on freedom of expression to Belgian service providers blocking Pirate Bay and Facebook’s lack of transparency, censorship is a real issue in our increasingly digital society.

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few years ago, a federal judge in Belgium ruled that internet service providers had to block Pirate Bay – a website famous for its peer-to-peer system that allows users to download movies, TV series, music and books without any permission from or payment to the rightful claimants. Operators like Belgacom and Telenet did as they were told. They made the website inaccessible by a simple technique called DNS blocking, meaning that the domain, thepirate-

bay.be, was no longer linked to the website’s IP address. But they didn’t have the authority to remove the content of the website. Soon after, the Swedish owners of the Pirate Bay registered a new domain, depiraatbaai.be, to get around the ban. This is a textbook example of how difficult it is for governments to take action against online content in the “grey area” of cyber jurisdiction. “In the case of child pornography, for example, it’s clear: Whether you put material online or you only watch it, you’re guilty according to criminal law,” says Eva Lievens, researcher at the Interdisciplinary Centre for Law & ICT at the University of Leuven and guest professor at Ghent University. “But in other cases, seemingly conflicting rights must be

balanced against each other when information is made inaccessible,” she continues. “This cannot happen arbitrarily. The right to freedom of expression, which is laid down in the European Convention of Human Rights (ECHR), must be taken into account when making this decision.” The ECHR has stipulated precise criteria for online censorship by governments. First, there must be a solid legal basis for blocking or filtering content. Second, there has to be a general interest in doing so: the fight against child abuse, for example, the protection of authors, or national security. And third, the censorship has to be “necessary in a democratic society” and occur “proportionally”. According to Lievens, that demand for proportionality can be sometimes be difficult, as it is open to interpretation. continued on page 5


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