"Commercial speech" being protected by free speech laws anywhere is abhorrent. The advertising industry, in and of itself, seems abhorrent to me. It's one of the worst things humans have come up with, ever.
Could one not categorize material published in a book, magazine, or on television as 'commercial speech', liable to restrictive licensing and censorship? This seems like a slippery slope which the USA is on the correct side of.
99.9% of businesses in the US are considered small businesses. If we look at all the businesses in the world small businesses make up an even larger percentage. In most parts of the world these are people with 0-5 employees; meaning they're just families and individuals trying to make ends meet.
If you remove the ability for these people to advertise there goes their livelihood. I understand the desire to want to punish big evil corporations but all this will do is strengthen them because they're the ones who have enough capital to survive something like this and scoop up the marketshare left behind by the millions of small businesses that will fail when this is implemented.
True, you can't separate ads vs sponsored content quite easily.
but you can help this by banning all forms of active tracking.
Static ads only, no click tracking, and complete ban on profiling clients and especially on adjusting prices based on client/possible client behavior patterns.
To become a member of the EU, you have to first join the Council of Europe and its European Convention on Human Rights – article 10 of which guarantees the right to free expression. The EU also has its own Charter of Fundamental Rights which says the same thing. And the plan is for the EU to become a party to the Convention in its own right, although that's got bogged down in technical legal disputes and still hasn't happened, despite the 2009 Lisbon Treaty mandating it.
The US First Amendment has no exceptions as worded, but the US Supreme Court has read some into it. The Convention has exceptions listed in the text, although they are vaguely defined – but like the US, the European Court of Human Rights has developed extensive case law on the scope of those exceptions.
The big difference in practice is the US exceptions end up being significantly more narrow than those in Europe. However, given in both, the details of the exceptions are in case law – courts can and do change their mind, so this difference could potentially change (either by narrowing or broadening) in the decades to come.
> "Article 10 of the Human Rights Act: Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
Outside of US free speech isn't the carte blanche it is stateside. There are guardrails, there are limitations pretty much everywhere else. Even in the US This militant application is fairly recent, post 1980s.
>How will you ban that without infringing on free speech
You don't, but the EU doesn't need to care about American ideas of free speech. This is actually in some sense the biggest hurdle to all of this, the psychologically defensive posture that somehow assumes that on European territory this should even be a concern. Also as a sidenote this is even within America a kind of revisionist history, the 20th century had plenty of broadcasting and licensing rules. This unfettered, deregulated commercial environment is even in the US a creature of the last ~40-50 years, and those unchained companies, not unironically, then went on to convince everyone to defend that state of affairs given each opportunity.
>Also as a sidenote this is even within America a kind of revisionist history, the 20th century had plenty of broadcasting and licensing rules.
The FCC regulates airwaves (and thus broadcast stations/networks), because the broadcast spectrum is a shared resource with bandwidth limits. The FCC similarly regulates cable television systems. The FCC does not regulate cable-only television networks.
Suppose a company wants to write some product documentation so customers and prospective customers know what features their product has and how to use them. They hire someone to write the documentation and then someone else to distribute it. Is there a good way to distinguish this from advertising?
The most plausible way would be if the one you're paying to distribute it has some kind of exclusive control or market power over the distribution channel so that you're paying them a premium over competing distributors. But then wouldn't the best way to prevent them from extracting that premium to be to make it so nobody has exclusive control over distribution channels, e.g. by breaking up concentrated markets or requiring federated protocols?
You don't need to ban advertising, you just need to ban paying for advertising. That doesn't harm free speech. When there's no money to be made the problem will sort itself out.
Ok, then I don't pay you for advertising. On an entirely unrelated note, could I buy a spot on your website(e.g. at the top) to put a piece of my own website on it? You have a news website, right? And I also have some news to share.
I'm not following the relationship - because you'd have to pay, thus it's not "free" speech? It's hard to argue that having to pay a minimal fee (of let's say $1 per month) would be something against free speech. But the payment shall remain anonymous obviously.
What are you on about? Who’s speech? The speech of a massive multinational corporation? No thanks. I want the freedom to browse without getting pointless products shoved down my throat.
Funes-|16 days ago
nickff|16 days ago
AnthonyMouse|16 days ago
BurningFrog|16 days ago
That won't convince anyone.
phyzix5761|16 days ago
If you remove the ability for these people to advertise there goes their livelihood. I understand the desire to want to punish big evil corporations but all this will do is strengthen them because they're the ones who have enough capital to survive something like this and scoop up the marketshare left behind by the millions of small businesses that will fail when this is implemented.
Xelbair|16 days ago
but you can help this by banning all forms of active tracking.
Static ads only, no click tracking, and complete ban on profiling clients and especially on adjusting prices based on client/possible client behavior patterns.
MBCook|16 days ago
Websites can too.
If you know the kind of articles your readers like, you can find ads that your readers will like.
skissane|16 days ago
To become a member of the EU, you have to first join the Council of Europe and its European Convention on Human Rights – article 10 of which guarantees the right to free expression. The EU also has its own Charter of Fundamental Rights which says the same thing. And the plan is for the EU to become a party to the Convention in its own right, although that's got bogged down in technical legal disputes and still hasn't happened, despite the 2009 Lisbon Treaty mandating it.
The US First Amendment has no exceptions as worded, but the US Supreme Court has read some into it. The Convention has exceptions listed in the text, although they are vaguely defined – but like the US, the European Court of Human Rights has developed extensive case law on the scope of those exceptions.
The big difference in practice is the US exceptions end up being significantly more narrow than those in Europe. However, given in both, the details of the exceptions are in case law – courts can and do change their mind, so this difference could potentially change (either by narrowing or broadening) in the decades to come.
nickff|16 days ago
> "Article 10 of the Human Rights Act: Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
Seems to be about as strong as the Soviet Constitution's protections: https://www.departments.bucknell.edu/russian/const/77cons02....
nxm|16 days ago
admadguy|16 days ago
Barrin92|16 days ago
You don't, but the EU doesn't need to care about American ideas of free speech. This is actually in some sense the biggest hurdle to all of this, the psychologically defensive posture that somehow assumes that on European territory this should even be a concern. Also as a sidenote this is even within America a kind of revisionist history, the 20th century had plenty of broadcasting and licensing rules. This unfettered, deregulated commercial environment is even in the US a creature of the last ~40-50 years, and those unchained companies, not unironically, then went on to convince everyone to defend that state of affairs given each opportunity.
TMWNN|15 days ago
The FCC regulates airwaves (and thus broadcast stations/networks), because the broadcast spectrum is a shared resource with bandwidth limits. The FCC similarly regulates cable television systems. The FCC does not regulate cable-only television networks.
coldtea|16 days ago
Conflating advertising with free speech is like conflating sex work with reproductive rights.
terminalshort|16 days ago
layer8|16 days ago
AnthonyMouse|16 days ago
The most plausible way would be if the one you're paying to distribute it has some kind of exclusive control or market power over the distribution channel so that you're paying them a premium over competing distributors. But then wouldn't the best way to prevent them from extracting that premium to be to make it so nobody has exclusive control over distribution channels, e.g. by breaking up concentrated markets or requiring federated protocols?
terminalshort|16 days ago
mrob|16 days ago
initramfs2|16 days ago
mqus|15 days ago
WinstonSmith84|16 days ago
whackernews|16 days ago
BrenBarn|16 days ago
initramfs2|16 days ago
whackernews|16 days ago