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Record W4393142157 · doi:10.1080/17577632.2024.2326278

States' positive obligation to create a favourable environment for participation in public debate: a principle in search of a practical effect?

2024· article· en· W4393142157 on OpenAlexaff
Katie Pentney

Bibliographic record

VenueJournal of Media Law · 2024
Typearticle
Languageen
FieldSocial Sciences
TopicWorld Trade Organization Law
Canadian institutionsMcGill University
Fundersnot available
KeywordsObligationPolitical scienceLaw and economicsLawSociology

Abstract

fetched live from OpenAlex

In its seminal decision in <i>Dink v Turkey</i>, the European Court of Human Rights recognised that States have a positive obligation, under Article 10, to create a favourable environment for participation in public debate by all persons, enabling them to express their opinions without fear. In the more than decade since, the Court has yet to clarify what the obligation is, what it <i>requires</i>, and when and how it <i>applies</i>. This article traces the recognition and development of the <i>Dink</i> principle, critiques the Court's approach to date, and explores the real-world impacts of an unfavourable information environment. It concludes with a concrete recommendation which would ensure greater cohesion within the Council of Europe and give practical effect to the <i>Dink</i> principle, while addressing polarisation, disinformation and threats against journalists: media and information literacy initiatives.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.828
Threshold uncertainty score0.220

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.034
GPT teacher head0.375
Teacher spread0.341 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2024
Admission routes1
Has abstractyes

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