Chilling effect
The from the Anglo-American-Canadian-speaking native English term chilling effect (dt. Cooling, discouraging effect , even deterrent effect ) originally describes the legal sense one - controversial - self-regulating balance of interests primarily in the Internet , which, ideally, after considering all legal interests in a particular case both Can offer protection as well as withdraw it.
Critics see less of a legal ideal case in the chilling effect , but above all the possibility of self-restraint ( self-censorship , anticipatory obedience ), especially of online services , in order to reduce or avoid the risk of unpleasant legal disputes: This would often result in the perception and protection of the Fundamental rights , e.g. B. the right to informational self-determination , undermined.
In connection with the cause-free total surveillance of the Internet and the associated data processing as well as the possibility of creating personal user profiles (" data shadows ") by z. The term also comes into play, for example the American National Security Agency (NSA) and related and friendly secret services , but also through providers of ( commercial ) social networks such as Facebook or Internet search engine providers such as Google , who collect unmanageable amounts of user data in an uncontrolled manner . One study confirmed the assumption of a de-individualization effect triggered by surveillance: the increasing attempt to "hide in the herd". In addition, there was more aggression and displeasure as well as less interest in the study and the executors.
In the discussion about the conclusion of the Transatlantic Free Trade Agreement “TTIP”, the term is associated with the fear that politicians might be threatened by the fear of claims for damages before transnational independent arbitration courts for e.g. B. lost profits (“ expropriation ”, “ investor-state lawsuits ”) become more cautious; one speaks of a feared “cooling of democracies”.
history
The term was used in the United States even before 1950. There is evidence that William J. Brennan, US Supreme Court Justice, used the term in a May 1965 judgment. He ruled unconstitutional the US Federal Post Office , which prohibits the delivery of " communist political propaganda" from the recipient's prior express written consent became addicted within twenty days. The specific case concerned the delivery of an edition of the Peking Rundschau .
On the psychological level, the effect was again demonstrated in the USA for the first time in 1975: In a study The Chilling Effects of Surveillance: Deindividuation and Reactance (Eng., German about The Chilling Effects of Surveillance: De-individualization and Defense Reaction [by perceived influence] ) for the legalization of marijuana were the test subjects, the sooner they felt monitors, the less for legalization: they were compliant .
Chilling Effects in European Law
The term chilling effects is also well known in Europe . For example, the European Court of Human Rights regularly uses the term chilling effects, for example in the case of state interference with the freedom of the press. The German Federal Constitutional Court also recognizes chilling effects on the merits, but does not use standardized terminology. For example, the court speaks of “intimidating” or “deterrent” effects on fundamental rights, of “self-censorship” or “intimidation effects”.
American arbitration board
In order to conduct research in the natural tension between conflicting interests on the Internet and to issue general guidelines, various law schools at American universities have come together to form the Chilling Effects Clearinghouse , a kind of ethics council and arbitration body.
Web links
- Simon Assion, telemedicus.info: Chilling Effects and Monitoring , November 26, 2014
- Series of articles in: telemedicus.info: Proceedings of the Telemedicus Summer Conference 2014 Surveillance and Law , November 26, 2014, last accessed on January 3, 2014
Individual evidence
- ^ A b Walter Kälin, Andreas Lienhard, Pierre Tschannen : The constitutional case law of the Federal Supreme Court in 2008 and 2009 . Ed .: ZBJV. tape 145 , p. 752 ( PDF [accessed February 16, 2016]).
- ^ A b Friedemann Karig, deutschlandfunk.de: Affected by the surveillance virus . Deutschlandfunk , essay and discourse , NetzKultur series! 1/5: search for vaccine against surveillance virus ; 4th January 2015
- ^ Sarah Anderson, Institute for Policy Studies , USA , in: Peter Kreysler : deutschlandfunk.de: TTIP - Transatlantic Dream or the Sellout of Democracy . Deutschlandfunk , Das Feature , December 9, 2014; Manuscript , p. 23.
- ↑ Guest commentary on the hearing in the American Senate Committee on the restriction of the protection of informants in journalism at www.cfif.org (English)
- ↑ Decision of the United States Supreme Court , May 24, 1965
- ^ ECHR on March 27, 1996, app. no. 17488/90 Rn. 39 - Goodwin
- ↑ Assion, What Does Case Law Say About Chilling Effects? - Telemedicus on May 9, 2014.
- ↑ About. In: lumens. Retrieved February 19, 2016 .
