Wikiversity enwikiversity https://en.wikiversity.org/wiki/Wikiversity:Main_Page MediaWiki 1.47.0-wmf.2 first-letter Media Special Talk User User talk Wikiversity Wikiversity talk File File talk MediaWiki MediaWiki talk Template Template talk Help Help talk Category Category talk School School talk Portal Portal talk Topic Topic talk Collection Collection talk Draft Draft talk TimedText TimedText talk Module Module talk Event Event talk Wikiversity:Colloquium 4 28 2809230 2809135 2026-05-14T16:36:47Z Codename Noreste 2969951 /* Wikiversity:Artificial intelligence to become an official policy */ archive to [[Wikiversity:Colloquium/archives/March 2026#Wikiversity:Artificial intelligence to become an official policy]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809230 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) :: Someone wanted to discuss about using the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:40, 12 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) 0i6oj85jgiji0s2783eydh5q9qurgqp 2809321 2809230 2026-05-14T21:35:21Z Jtneill 10242 /* Proposal to rehost Wikinews here */ Update link (page moved again) 2809321 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) :: Someone wanted to discuss about using the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:40, 12 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) r27yfr3an0hl7rpyvn7nv1fzuxb5ama 2809327 2809321 2026-05-14T21:41:45Z IanVG 2918363 /* Votes */ 2809327 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) :: Someone wanted to discuss about using the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:40, 12 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) 0cylfzjbcid6im3uu8i3cd7pep7j7sw 2809355 2809327 2026-05-14T23:19:34Z Codename Noreste 2969951 /* MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025 */ reply ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809355 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) :: Someone wanted to discuss about using the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:40, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) 8f6gpvpfn2n1dyos4mslgcxsn25ptbc 2809356 2809355 2026-05-14T23:19:45Z Codename Noreste 2969951 /* MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025 */ delete reply to Koavf ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809356 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) 79v2pryj1jxzkhgcft2jwngam7e0b7t 2809426 2809356 2026-05-15T04:13:46Z Jtneill 10242 /* MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025 */ Reply 2809426 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) f8wng2y9q818cmcck3kia00p2kwqrhw 2809427 2809426 2026-05-15T04:19:49Z Jtneill 10242 /* Create a pseudo-bot user group? */ Reply 2809427 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) c1c62wlm2qvpma4a5pt9vvyovqzgf88 2809428 2809427 2026-05-15T04:21:06Z Jtneill 10242 /* Inactivity policy for Curators */ Reply 2809428 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) :::::Ah, I see. Yes, that makes sense. Thankyou. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:21, 15 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) 3tii8t8ynhtbu4mvjwtpikme9xlkr4z 2809429 2809428 2026-05-15T04:25:31Z PieWriter 3039865 /* Create a pseudo-bot user group? */ Reply 2809429 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) :::::Ah, I see. Yes, that makes sense. Thankyou. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:21, 15 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) ::@[[User:Jtneill|Jtneill]] Wikiquote has a similar group: [[:wikiquote:Special:ListGroupRights]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 04:25, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) dbq4556imta9j9pgrzd115aitlfcwif 2809436 2809429 2026-05-15T06:30:12Z Bert Niehaus 2387134 /* WikiEducator has closed */ Reply 2809436 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) :::::Ah, I see. Yes, that makes sense. Thankyou. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:21, 15 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) ::::A matching accound makes sense to give credits to the original authors and keep a clean change of versions. The initial commit into wikiversity could have a "marker with timestamp" similar to signature with a reference where the content's source or a Web archive. This would allow authors to continue there work on wikiversity if they wish. [[User:Bert Niehaus|Bert Niehaus]] ([[User talk:Bert Niehaus|discuss]] • [[Special:Contributions/Bert Niehaus|contribs]]) 06:30, 15 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) ::@[[User:Jtneill|Jtneill]] Wikiquote has a similar group: [[:wikiquote:Special:ListGroupRights]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 04:25, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) 66g053kyx3uaxpgmoi2km0clgugw8se 2809437 2809436 2026-05-15T06:33:14Z Bert Niehaus 2387134 /* WikiEducator has closed */ 2809437 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) :::::Ah, I see. Yes, that makes sense. Thankyou. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:21, 15 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) ::::A matching accound makes sense to give credits to the original authors and keep a clean chain of versions. The initial commit into wikiversity could have a "marker with timestamp" similar to signature with a reference where the content's source or a Web archive. This would allow authors to continue there work on wikiversity if they wish. [[User:Bert Niehaus|Bert Niehaus]] ([[User talk:Bert Niehaus|discuss]] • [[Special:Contributions/Bert Niehaus|contribs]]) 06:30, 15 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) ::@[[User:Jtneill|Jtneill]] Wikiquote has a similar group: [[:wikiquote:Special:ListGroupRights]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 04:25, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) l68aty3pqmi7jxh34yk6czaujowfthi 2809471 2809437 2026-05-15T11:39:13Z Jtneill 10242 /* Comments and questions */ Further comment explaining support 2809471 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) :::::Ah, I see. Yes, that makes sense. Thankyou. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:21, 15 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) ::::A matching accound makes sense to give credits to the original authors and keep a clean chain of versions. The initial commit into wikiversity could have a "marker with timestamp" similar to signature with a reference where the content's source or a Web archive. This would allow authors to continue there work on wikiversity if they wish. [[User:Bert Niehaus|Bert Niehaus]] ([[User talk:Bert Niehaus|discuss]] • [[Special:Contributions/Bert Niehaus|contribs]]) 06:30, 15 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) ::@[[User:Jtneill|Jtneill]] Wikiquote has a similar group: [[:wikiquote:Special:ListGroupRights]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 04:25, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) :::*Having given it some thought, in principle, I support hosting [[citizen journalism]] on Wikiversity where it is clearly connected to a learning project and/or constitutes original research, both of which align strongly with [[Wikiversity:Mission|Wikiversity’s educational mission]]. :::*My chief concern is the potential for news content that is not clearly linked to the purpose of Wikiversity. To avoid this, some community-agreed guidelines would be prudent. These need not be overly restrictive; they should support boldness and experimentation while helping ensure alignment with Wikiversity's purpose. :::*Given the reported low and declining activity on Wikinews, it seems unlikely that English Wikiversity would be overwhelmed by an influx of news-related editing. My impression is that English Wikinews was the most active edition, but even so, many contributors are likely to disperse to other projects or cease editing altogether. A modest migration of interested editors to Wikiversity seems manageable. :::*At this stage, I do not think a dedicated namespace is necessary. Subpages under [[Wikinews]] or nested pages under relevant learning or research projects, or user-space draft pages should be suitable. I agree that [[Wikijournal]] offers a useful model, as do several existing course structures on Wikiversity. :::*I support [[User:Koavf]]’s suggestions about framing Wikinews activity explicitly around learning. This would create a distinctive space for experimenting with collaborative news production in ways that are pedagogically meaningful. I agree that the [[journalism studies and Wikinews]] project developed by David and Leigh Blackall through the University of Wollongong is an excellent example of the intersection between Wikiversity and Wikinews. The [[Wikinews]] page could evolve into a hub for such projects. :::*I've tidied the [[:Category:Wikinews|Wikinews category]] and merged some content into the [[Wikinews]] page. As part of a reinvigoration effort, please review these and related resources such as [[:Category:Journalism]] and [[School:Journalism]]. :::*A further argument in favour of this initiative is that Wikipedia explicitly excludes both news reporting and original research. So, there is value in maintaining spaces within the Wikimedia ecosystem where these forms of knowledge production can be openly developed and curated. Such work can, in turn, generate valuable evidence and source material that may later inform Wikipedia articles. :::*The closure of WMF-hosted Wikinews does not imply that open wiki-based news curation lacks value. Indeed, the closure documentation appears supportive of experimentation with alternative news models across Wikimedia projects, including through Wikipedia and Wikidata. In that context, Wikiversity seems a natural home for a Wikinews experiment, provided it is clearly grounded in learning and/or research. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 15 May 2026 (UTC) 76qkzwjzcunatw2kl2y6g3mlide4v14 2809472 2809471 2026-05-15T11:48:28Z Jtneill 10242 /* Votes */ + Support conditional on development of guidelines and clear organisational structure 2809472 wikitext text/x-wiki {{Wikiversity:Colloquium/Header}} <!-- MESSAGES GO BELOW --> == Inactivity policy for Curators == I was wondering if there is a specific inactivity polity for curators (semi-admins) as I am pretty sure the global policy does not apply to them as they are not ''fully'' sysops. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:20, 15 February 2026 (UTC) :Unfortunately, I don't see an inactivity policy, but if we were to create such a new policy for curators, it should be the same for custodians (administrators). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:45, 15 February 2026 (UTC) ::@[[User:Codename Noreste|Codename Noreste]] There is currently none, that I could find, for custodians either. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:47, 17 February 2026 (UTC) :::I think we should propose a local inactivity policy for custodians (and by extension, curators), which should be at least one year without any edits ''and'' logged actions. However, I don't know which page should it be when the inactivity removal procedure starts. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:53, 17 February 2026 (UTC) ::::@[[User:Codename Noreste|Codename Noreste]] In theory, there should be a section added at [[WV:Candidates for custodianship]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:55, 17 February 2026 (UTC) ::::: To be consistent with the [[meta:Admin activity review|global period of 2 years inactivity]] for en.wv [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship#How are bureaucrats removed?|Bureaucrats]] we could add something like this to [[Wikiversity:Curators]]: ::::::The maximum time period of inactivity <u>without community review</u> for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). After that time a custodian will remove the rights. ::::: -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:51, 27 March 2026 (UTC) :::::Yup, I agree with Jtneill, there is a policy proposal for Wikiversity:Curators, where it should be logically deployed. The question is if we are ready to aprove the policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:43, 17 April 2026 (UTC) :::::: I agree, but we should notify the colloquium about inactive curators, just like a steward would do for inactive custodians and bureaucrats per [[:m:Admin activity review|AAR]]. What is the minimum timeframe an inactive curator should receive so they can respond they would keep their rights? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 17:49, 17 April 2026 (UTC) :I incorporated these suggestions into the proposed curators policy. Please review/comment/improve. Summary: 2 years, notify curator's user page, then remove rights after 1 month: [[Wikiversity:Curators#Inactivity]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:59, 24 April 2026 (UTC) :: @[[User:Jtneill|Jtneill]] I created [[Template:Inactive curator]] for this. Feel free to make any changes or improvements. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:29, 24 April 2026 (UTC) :::Wondering, should we also have: :::* {{tl|Inactive custodian}} :::* {{tl|Inactive bureaucrat}} :::or perhaps just a single template with a parameter(s) for the user right(s)/role(s)? e.g., :::* if a custodian is inactive for 2 years, then custodian and curator rights are to be removed and :::* if a bureaucrat is inactive for 2 years, then bureaucrat, custodian, and curator rights are to to be removed. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 09:58, 13 May 2026 (UTC) :::: I would probably modify that template when we actually develop our own inactivity policy, because we're currently under the AAR (a steward notifies the colloquium with [[m:Admin activity review/Notice to communities]], and inactive advanced right holders with [[m:Admin activity review/Notice to inactive right holders]]). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:16, 13 May 2026 (UTC) :::::Ah, I see. Yes, that makes sense. Thankyou. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:21, 15 May 2026 (UTC) == New titles for user right nominations == <div class="cd-moveMark">''Moved from [[Wikiversity talk:Candidates for Custodianship#New titles for user right nominations]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:20, 17 April 2026 (UTC)''</div> I would like to propose the following retitles should a user be nominated for any of the following user rights: * Curator: Candidates for Curatorship * Bureaucrat: Candidates for Bureaucratship The reason is that many curator (and probably bureaucrat) requests have run solely under {{tq|Candidates for Custodianship}}, but that title might sound misleading (especially in regards to the permission a user is requesting). CheckUser and Oversight (suppressor) are not included above since no user was nominated for these sensitive permissions, probably. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 01:30, 19 March 2026 (UTC) :And it's not that when someone at the beginning misplaced the request, no one thought to move it and the others copied it. Even today, it would be possible to simply take it all and move it. Otherwise, for me, the more fundamental problem is that there is [[Wikiversity:Curators|no approved policy for curators]] than where the requests are based. Curators then operate in a certain vacuum and if one of them "breaks out of the chain", the average user doesn't have many transparent tools to deal with it, because there is no policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:02, 19 March 2026 (UTC) ::I am not talking about the curator page (policy proposal). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:08, 21 March 2026 (UTC) : @[[User:Juandev|Juandev]] I'll see if I can do an overhaul of [[Wikiversity:Candidates for Custodianship]], just like I recently did with the Requests for adminship page on English Wikiquote. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:17, 18 April 2026 (UTC) :Yes, great idea - ideally there will be separate "Candidates for ..." pages for each user right group. The most important for now is to separate curator and custodian pages as CN suggests. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 1 May 2026 (UTC) :So maybe I previously misunderstood. Are you proposing separated pages for nominations (i.e. [[Wikiversity:Candidates for Curatorship]], [[Wikiversity:Candidates for Bureaucratship]], [[Wikiversity:Candidates for Custodianship]])? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:30, 5 May 2026 (UTC) :: Yes. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:33, 5 May 2026 (UTC) :::I see, then I am fine with that @[[User:Codename Noreste|Codename Noreste]]. Sorry for misunderstanding. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 9 May 2026 (UTC) I've split the user rights nomination pages into: * [[Wikiversity:Candidates for CheckUser]] * [[Wikiversity:Candidates for Curatorship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:Candidates for Bureaucratship]] Please review. There are likely several links to update, text to adjust, categories to manage, short-cuts to fix etc. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:22, 10 May 2026 (UTC) :Thanks, great job @[[User:Jtneill|Jtneill]]. I am wondering if we need to move archived nominations too, or if we are OK with the actual state. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:08, 10 May 2026 (UTC) ::Yes, I think that would be helpful. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:46, 10 May 2026 (UTC) :::I can do it @[[User:Jtneill|Jtneill]], I am just looking what system is there. I can see [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] which is a good complementary overview to the subpages with full history. The name of the pages is probably stably, but I would consider to create more specific redirect like [[Wikiversity:Candidates for Custodianship/Overview of staff nominations]], which would link to the above one. Then there is a [[Wikiversity:Candidates for Custodianship/Archived]], which are probably incomplete nominations, right? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 08:37, 11 May 2026 (UTC) ::::Tx @[[User:Juandev|Juandev]]. Yes, this makes sense. And maybe we move: ::::* archived '''curator''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship]] to e.g., [[Wikiversity:Candidates for Curatorship/Archive of nominations]] ::::* archived '''bureaucrat''' nominations from [[Wikiversity:Candidates for Custodianship/Archive of nominations for full custodianship ]] to e.g., [[Wikiversity:Candidates for Bureaucratship/Archive of nominations]] ::::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:12, 11 May 2026 (UTC) :::::OK. That sounds good. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:25, 12 May 2026 (UTC) :An svg icon for [[Wikiversity:Curatorship|curators]] would also be helpful. We have them for other user rights: [[c:Category:Wikiversity user rights icons]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:54, 10 May 2026 (UTC) ::Done: [[Wikiversity:Curators]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 01:44, 11 May 2026 (UTC) == Technical Request: Courtesy link.. == [[Template_talk:Information#Background_must_have_color_defined_as_well]] [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) : I can't edit the template directly as it need an sysop/interface admin to do it. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :: Also if the Template field of - https://en.wikiversity.org/wiki/Special:LintErrors/night-mode-unaware-background-color is examined, there is poential for an admin to clear a substantial proportion of these by implmenting a simmilar fix to the indciated templates (and underlying stylesheets). It would be nice to clear things like Project box and others, as many other templates (and thus pages depend on them.) :) [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 11:43, 20 March 2026 (UTC) :I think it would be best to grant you interface admin rights for a short period of time to make these changes. However, I still have doubts about the suitability of this solution, which may cause other problems and no one has explained to me why dark mode has to be implemented this way @[[User:ShakespeareFan00|ShakespeareFan00]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:43, 20 March 2026 (UTC) : I would have reservations about holding such rights, which is why I was trying to do what I could without needing them. However if it is the only way to get the required changes made, I would suggest asking on Wikipedia to find technical editors, willing to undertake the changes needed. [[User:ShakespeareFan00|ShakespeareFan00]] ([[User talk:ShakespeareFan00|discuss]] • [[Special:Contributions/ShakespeareFan00|contribs]]) 09:32, 21 March 2026 (UTC) == WikiEducator has closed == Some of you may know of a similar project to Wikiversity, called [https://wikieducator.org/Main_Page WikiEducator], championed by [https://oerfoundation.org/about/staff/wayne-mackintosh/ Wayne Mackintosh][https://www.linkedin.com/posts/waynemackintosh_important-notice-about-the-oer-foundation-activity-7405113051688931329-Nhm9/][https://openeducation.nz/killed-not-starved/]. It seems [https://openeducation.nz/terminating-oer-foundation their foundation has closed] and they are no longer operating. They had done quite a bit of outreach (e.g., in the Pacific and Africa) to get educators using wiki. The WikiEducator content is still available in MediaWiki - and potentially could be imported to Wikiversity ([https://wikieducator.org/WikiEducator:Copyrights CC-BY-SA] is the default license). The closing of WikiEducator arguably makes the nurturing of Wikiversity even more important. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:09, 1 April 2026 (UTC) :I was never active there. If anyone has an account or is otherwise in contact, we may want to copy relevant information here or even at [[:outreach:]]. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 04:46, 1 April 2026 (UTC) :: I reached out to [[User:Mackiwg~enwikiversity|Wayne]] in January, and he responded briefly but positively (while travelling). I wrote to the low-traffic wikieducator mailing list today and got a nice [https://groups.google.com/g/wikieducator/c/r_yIyUw6ZIA reply] from [[user:SteveFoerster|Steve Foerster]] who's interested in helping. If we can figure out a migration path it would be great to adopt at least the main namespace pages here. :: A few questions that come to mind: :: - would people want to create matching user accounts :: - are there any namespaces (user/talk?) that should not be moved over :: We could look at how this was done for the [[m:Wikivoyage/Migration]] wikivoyage migration. <span style="padding:0 2px 0 2px;background-color:white;color:#bbb;">&ndash;[[User:Sj|SJ]][[User Talk:Sj|<span style="color:#ff9900;">+</span>]]</span> 04:27, 1 May 2026 (UTC) :::That's fantastic, SJ, that you've reached out and that Wayne, Steve, and Jim are receptive—and that you can help! -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:52, 1 May 2026 (UTC) ::::A matching accound makes sense to give credits to the original authors and keep a clean chain of versions. The initial commit into wikiversity could have a "marker with timestamp" similar to signature with a reference where the content's source or a Web archive. This would allow authors to continue there work on wikiversity if they wish. [[User:Bert Niehaus|Bert Niehaus]] ([[User talk:Bert Niehaus|discuss]] • [[Special:Contributions/Bert Niehaus|contribs]]) 06:30, 15 May 2026 (UTC) == Wikinews is ending == Apparently mainly due to low editorial activity, low public interest, but also failure to achieve the goals from the proposal for the creation of the project, the Wikinews project is ending after years of discussions ([[Meta:Proposal for Closing Wikinews|some reading]]). And I would be interested to see how Wikiversity is doing in the monitored metrics. We probably have more editors than Wikinews had, but what about consumers and achieving the goals? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 19:14, 1 April 2026 (UTC) :Wikiversity's biggest issue in recent times was the hosting of low-quality, trash content. Thankfully we've done a great job in removing pseudoscience and other embarrassingly trash content (Wikidebates, for example), but the biggest concern moving forward is proper maintenance IMO. I've caught several pseudoscience pages being created within the last few months that could easily have flown under the radar (ex, [[The Kelemen Dilemma: Causal Collapse and Axiomatic Instability]]), so I'd urge our custodians/curators to be on the lookout for this type of content. Usually an AI-overview can point this type of content out relatively well. :In terms of visibility, I believe Wikiversity is a high-traffic project. I remember my [[Mathematical Properties]] showing up on the first page of Google when searching up "math properties" for the longest time (and is still showing up in the first page 'till this day!). Besides, Wikinews hosted a lot of short-term content (the nature of news articles), while Wikiversity hosts content that can still be useful a decade later (ex, [[A Reader's Guide to Annotation]]). :I think we are on a better path than we were a few months ago, and I do want to thank everyone here who has been helping out with maintaining our website! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:48, 1 April 2026 (UTC) :For what it's worth, the group that did that study has since disbanded, so no one is monitoring the other sister projects in the same way. Additionally, Wikinews had some catastrophic server issues due to the maintenance of [[:m:Extension:DynamicPageList]] which don't apply here. Your questions are still worth addressing, but I just wanted to cut off any concern at the pass about Wikiversity being in the same precarious situation. Wikiversity is definitely the biggest "lagging behind" or "failure" project now that Wikinews is being shuttered, but I don't see any near- or medium-term pathway to closing Wikiversity. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 00:46, 2 April 2026 (UTC) :[[w:en:Wikipedia:Wikipedia Signpost/2026-03-31/News and notes|Entirety of Wikinews to be shut down]] (Wikipedia Signpost) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:03, 11 April 2026 (UTC) == Action Required: Update templates/modules for electoral maps (Migrating from P1846 to P14226) == Hello everyone, This is a notice regarding an ongoing data migration on Wikidata that may affect your election-related templates and Lua modules (such as <code>Module:Itemgroup/list</code>). '''The Change:'''<br /> Currently, many templates pull electoral maps from Wikidata using the property [[:d:Property:P1846|P1846]], combined with the qualifier [[:d:Property:P180|P180]]: [[:d:Q19571328|Q19571328]]. We are migrating this data (across roughly 4,000 items) to a newly created, dedicated property: '''[[:d:Property:P14226|P14226]]'''. '''What You Need To Do:'''<br /> To ensure your templates and infoboxes do not break or lose their maps, please update your local code to fetch data from [[:d:Property:P14226|P14226]] instead of the old [[:d:Property:P1846|P1846]] + [[:d:Property:P180|P180]] structure. A [[m:Wikidata/Property Migration: P1846 to P14226/List|list of pages]] was generated using Wikimedia Global Search. '''Deadline:'''<br /> We are temporarily retaining the old data on [[:d:Property:P1846|P1846]] to allow for a smooth transition. However, to complete the data cleanup on Wikidata, the old [[:d:Property:P1846|P1846]] statements will be removed after '''May 1, 2026'''. Please update your modules and templates before this date to prevent any disruption to your wiki's election articles. Let us know if you have any questions or need assistance with the query logic. Thank you for your help! [[User:ZI Jony|ZI Jony]] using [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 17:11, 3 April 2026 (UTC) <!-- Message sent by User:ZI Jony@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Non-Technical_Village_Pumps_distribution_list&oldid=29941252 --> :I didnt find such properties, so we are probably fine. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:00, 12 April 2026 (UTC) :: +1 (agreed). [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:19, 12 April 2026 (UTC) == Enable the abuse filter block action? == In light of [[Special:AbuseLog/80178]] (coupon spam), I would like to propose enabling the block action for the abuse filter. Only custodians will be able to enable and disable that action on an abuse filter, and it is useful to block ongoing vandalism. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:12, 13 April 2026 (UTC) :Seems like a good idea, almost all of the users which create such pages are spambots so this shouldn’t be a problem. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:41, 13 April 2026 (UTC) :Can you explain some more (I am new to abuse filters)? It looks like the attempted edit was prevented? Which abuse filter? :Note on your suggestion, have also reactivated Antispam Filter 12 - see [[WV:RCA]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:45, 15 April 2026 (UTC) :: I am proposing that we activate the abuse filter block action, which if a user triggers an abuse filter, it would actually block the user in question - the same mechanism that a custodian would use to block users. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:11, 15 April 2026 (UTC) :::OK, thankyou, that makes sense. And, reviewing the abuse filter 12 log, it would be helpful because it would prevent the need for manual blocking. But I don't see a setting for autoblocking? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 23:14, 15 April 2026 (UTC) :::: I think it probably adds an autoblock. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:43, 16 April 2026 (UTC) : [[User:Jtneill|Jtneill]] and [[User:PieWriter|PieWriter]], given that a little bit more than a week has passed and there is minimal consensus to activate the abuse filter block action, I filed [[phab:T424053]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:05, 21 April 2026 (UTC) ::Thank-you for doing this. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:03, 24 April 2026 (UTC) == Advice needed: A Neurodiversity-inspired Idea/observation == If I want the greatest participation of others to "provide constructive criticism to my idea" or to "shoot down my idea" or "idea". What I've called it so far is "The Neurodiversity-inspired Idea". At other times I used more sensationalist wording but here on Wikiversity I don't dare do that. I actually woke up with thinking about putting this into my userspace draft: "Personal Observations Made By Meeting Autistic and Non-Autistic Adults". My ultimate goal is to stop blathering about my "idea" to friend and family without feeling my "methodology" is going into any progressive direction whatsoever. My latest encounter was somewhat constructive though. A friend of a friend who worked with people presenting ideas in attempting to getting grants. I don't want a grant. I just want to figure out how I can express my "idea" in a way so that I can more clearly figure out what flaws it got. At the same time I tend to overthink. If anyone thinks etherpad might be a good place and considering Wikimedia already got an etherpad at https://etherpad.wikimedia.org/ if anyone feels like they know me better in the future feel free to suggest a "session" on etherpad. '''If I don't receive a reply to this in 1 week's time I will begin to explore this "idea" into my userspace''' unless you replied and refrained me from doing so, of course. Then maybe after "developing it there" I might reference it to you another future time here in the Colloquium, with my "idea" still in my userspace draft. This "idea" is sort of a burden, I'm happy I've made the choice to get rid of it and hopefully move on with my life, unless there is something to this "idea". My failure is probably evident: I feel I haven't told you anything. Same happened to when I talked to friends and family. In danger of overthinking it further I'll publish this right now. I need to "keep it together" [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:36, 16 April 2026 (UTC) :Good on you putting it out there ... and hitting publish :). I'd say go for it (no need to wait), give birth to your idea and share about it here and elsewhere. Let it take shape and see where it might go. In many ways, this is exactly what an open collaborative learning community should be doing. Others might not know well how to respond, so perhaps consider creating some questions to accompany the idea. Sincerely, James -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:21, 16 April 2026 (UTC) ::Thank you for encouraging me in developing the idea. ::I have created a "questions" section in the draft which is visible in the table of contents now. My brain was "frozen" today metaphorically speaking in that I felt I had like a "writer's block" so the draft has more "AI/LLM" content than before. I used the LLM for generating questions. The answers are so far human-only. ::I've also created a subsection where I could add the prompts that made the LLM generate the questions. That could help people make better prompts perhaps. I've described what it is about inside of it and there are some chaotically written notes. ::[[Draft:The_Neurodiversity-inspired_Idea#Questions_that_might_encourage_the_development_of_this_idea_and_its_methodology]] ::My draft is missing stuff. Any questions that you contribute to my draft will probably help me and if I don't understand the questions I'll probably notify you and also at the same time "feed them" to an LLM and ask in my input like "explain in simple words what this question means, what is it searching for?" etc. while I wait for an answer. If you have any more feedback please give it to me here or on the Draft page, its talk page or my user talk page. Thank you for helping me! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 21:20, 18 April 2026 (UTC) ::Today I woke up with not only thinking about supplying questions along with the "idea" but also answers. ie. Is it possible to "test" this idea? Is it possible to create one or multiple hypotheses based on this "idea"?(etc.) I've thought about this before in this "idea" but since I'm beginning to add to Wikiversity what was previously 'locked in my mind' it's also easier for me to see what I've done so far. Thank you for this comment! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 09:11, 23 April 2026 (UTC) :May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish. Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet. Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible. Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents. -- [[User:Eric.LEWIN|Eric.LEWIN]] ([[User talk:Eric.LEWIN|discussion]] • [[Special:Contributions/Eric.LEWIN|contributions]]) 10:06, 17 April 2026 (UTC) ::Sorry about the false positive on the profanity filter - I've fixed it. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:26, 17 April 2026 (UTC) :::"May I think that you should not add deadlines ; being read, and rising interest for collaboration, or even simply for exchange of thoughts, such an effective meeting event loads a huge bunch of unprobability, which time can help to… somehow diminish." ::Thank you Eric for this comment. Trust in time is how I interpret it. I should not feel like I need to be in a hurry. I'll try to give this time. Thank you! :::"Maybe, I would advice you having a central place for developping your ideas, your needs, your advances, maybe a page in your own user zone, and from time to time, depending your feeling, it could be every trimester or so, or more frequently, you could write a short account of progress (or even of no progress), or a call for participation, in such a place as this present one ; I think that will increase much exposure of your projet." ::A central place for developing or making "project notes" regarding the Neurodiversity idea on my userspace, I might need that, like a diary or "project notes" of the Neurodiversity idea similar to my course notes regarding my experience with Coursera. ::Any actions I take are going to be related to my Userspace from now on but I'll also update the draft when necessary. Now in the beginning I might be working daily to once every 3 days on both the draft and the daily notes I plan to make. :::"Maybe also, if you can find a project name, not necessarily very meaningfull by itseilf (at least it will gain signification with time, as your project develops), that will serve as a kind-of hook, and make your announcement titles more visible." ::Thank you for the advice. I was brainstorming yesterday about it. I concluded that since I've not yet developed a methodology that adheres to "Do no harm" and this is my first time working my "idea" into a way that is compatible with how projects develop on English Wikiversity this is new to me. My methodology isn't developed and therefore trying to get attention to my project through a name can wait. Yesterday I figured out a silly title that has nothing to do with the project: "Planetary Awareness Potato Cabbage Rolls" or something like that. Google output read that no such thing exists so I wanted it mainly to be unique. I don't want to raise attention that I'm unsure whether I'll actually be capable of developing a methodology for but project notes is my best bet so far in tracking my progress. Every day I think about this "idea" but I need to improve the important parts. :::"Best regards (and my excuses for my poor command of English, which seems to be unplease an anti-abuse filter, "Questionable Language (profanity)", which I don't understand…). My few cents." ::You added great points and I felt that I was helped by you! I encourage you to post again and I can understand that interacting with any kind of automated filter can be discouraging and can be for me too! Thank you for giving me feedback! [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 16:01, 18 April 2026 (UTC) == Add some user rights to the curator user group? == By default, only custodians have the ability to mark new pages as patrolled (<code>patrol</code>) and have their own page creations automatically marked as patrolled (<code>autopatrol</code>). I am proposing both of the following: * Curators can mark new pages as patrolled, helping on reducing the backlog of new, unpatrolled pages. * New pages made by curators will be automatically marked as patrolled by the MediaWiki software. Before we implement this, I would suggest implementing a proposed guideline for marking new pages as patrolled for curators and custodians. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:32, 17 April 2026 (UTC) :Agree, <s>also can we also allow curators to undelete pages since they already have the rights to delete them?</s> [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 02:54, 18 April 2026 (UTC) ::I think the requirement that undelete NOT be included came from above (meta / stewards / central office). Having access to the undelete page gives access to information that is restricted by their policies to admins (custodians and bureaucrats). -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 20:12, 18 April 2026 (UTC) ::: [[User:PieWriter|PieWriter]], unless if requests for curator and custodian should be RfA-like processes (that is, including voting and comments), then I have to agree with Dave above. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 22:03, 18 April 2026 (UTC) ::::Oh, I didn’t realise that. Withdrawing my comment.. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 00:08, 19 April 2026 (UTC) :{{support}} Seems reasonable and would reduce overhead. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 14:35, 18 April 2026 (UTC) :'''Agree''', implement it also to [[Wikiversity:Curators]] proposal please. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:11, 18 April 2026 (UTC) : I went ahead and filed [[phab:T424445]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:39, 26 April 2026 (UTC) == [[Wikiversity:Curators|Curators and curators policy]] == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:15, 9 May 2026 (UTC)}} How does it come, that Wikiversity has curators, but Curators policy is still being proposed? How do the curators exists and act if the policy about them havent been approved yet? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:33, 16 October 2025 (UTC) :It looks as if it is not just curators. The policy on Bureaucratship is still being proposed as well. See [[Wikiversity:Bureaucratship]]. —[[User:RailwayEnthusiast2025|<span style="font-family:Verdana; color:#008000; text-shadow:gray 0.2em 0.2em 0.4em;">RailwayEnthusiast2025</span>]] <sup>[[User talk:RailwayEnthusiast2025|<span style="color:#59a53f">''talk with me!''</span>]]</sup> 18:33, 27 October 2025 (UTC) :I think its just the nature of a small WMF sister project in that there are lots of drafts, gaps, and potential improvements. In this case, these community would need to vote on those proposed Wikiversity staff policies if we think they're ready. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:08, 3 December 2025 (UTC) :What? I thought you were getting it approved, Juandev... :) [[User:I&#39;m Mr. Chris|I&#39;m Mr. Chris]] ([[User talk:I&#39;m Mr. Chris|discuss]] • [[Special:Contributions/I&#39;m Mr. Chris|contribs]]) 14:20, 12 February 2026 (UTC) ::Yeah I think this one is important too and we need to aprove it too @[[User:I'm Mr. Chris|I'm Mr. Chris]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 15:56, 12 February 2026 (UTC) :::I thinks its ready to made into a policy, it seems to be complete and informative about what the rights does and how to get it. [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 03:08, 15 February 2026 (UTC) ::::Agree -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:00, 27 March 2026 (UTC) Let's make this the official discussion about adopting the [[Wikiversity:Curators|curators policy]] policy. Your comments are invited and welcome. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 08:40, 24 April 2026 (UTC) : There were two similar Colloquium threads in separate places about the proposed curators policy. So I've moved them to be adjacent. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) {{archive bottom}} == Wikiversity:Curators to become a policy == {{archive top|There is strong consensus, so [[Wikiversity:Curators]] is now a policy. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:16, 9 May 2026 (UTC)}} I've looked at the discussions about the Curators policy, I've looked at the practices, and it seems to me that there is no dispute about the wording of the policy, and what's more, the community has been using this proposal as if it were an offical policy for several years. Therefore, I propose that [[Wikiversity:Curators]] become a policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:35, 18 April 2026 (UTC) :{{support}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:54, 18 April 2026 (UTC) :{{support}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 20:21, 18 April 2026 (UTC) : {{support|Yes, please}}. Especially after when I and PieWriter proposed above, I agree. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:27, 24 April 2026 (UTC) :: @[[User:Juandev|Juandev]]; as of now, curators now have the user rights <code>autopatrol</code> and <code>patrol</code>. Perhaps we should also include that in [[Wikiversity:Custodianship]]? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 12:07, 30 April 2026 (UTC) :::You meant [[Wikiversity:Curators]] @[[User:Codename Noreste|Codename Noreste]]? [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:15, 5 May 2026 (UTC) :::: I agree that we must develop what rules curators should follow when marking new pages as patrolled; the same can be added for custodians since they can also mark new pages as patrolled. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:37, 5 May 2026 (UTC) :::::I see, well I think you can just add this to the policy. It is not major change and it probably reflects actual practice or actual technical possibilities for those flags. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:20, 7 May 2026 (UTC) :{{support}} -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:42, 1 May 2026 (UTC) :{{Support}} per nom. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 13:32, 1 May 2026 (UTC) {{Archive bottom}} == Inactive curators == Hello, even though [[Wikiversity:Curators]] is not a policy yet, there are curators listed here that have been inactive for two years or more: * {{user|Cody naccarato}} (last edit on 13 Dec 2022, last logged action on 10 Dec 2022) * {{user|Praxidicae}} (last edit on 10 Sep 2022, last logged action on 12 Sep 2022) [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:14, 19 April 2026 (UTC) :Yup, I would remove the rights. To get the rights back if theyll come back should not be a big deal. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 20:08, 24 April 2026 (UTC) :: When they don't reply by May 19, feel free (or any custodian) to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:28, 25 April 2026 (UTC) == Is anyone interested in Neurodiversity? == Is anyone interested in Neurodiversity? Is there anyone here who is interested for Neurodiversity to be "something more" than it already is? Does anyone here consider Neurodiversity one of the "harder topics" to work on or discuss? Does anyone here have an opinion about the [[Neurodiversity Movement]]? So these questions don't appear like "out of a vacuum" I can tell you a bit about my background: Many years ago I got a psychiatric diagnosis "Asperger's". After I stepped out of the office and my Äsperger's was 'concluded', I stepped out into the street and thought my first negative thought(but the positive thought followed after). The thought was about concentration camps in the second world war and that the world seemed to be going into the direction of "labeling others". I was unsure whether this was "real science" and sort of "challenged myself" to make up my own mind after meeting people that had been given this diagnosis. The more adults with this diagnosis I met the more I started seeing "patterns". Was it a coincidence that the first person with Asperger's I met reminded me about my father later after I had plenty of times of experience with interacting with him? None of the people I interacted with online through IRC text chat...I felt I got any clue about how "their brains work". Only when I met one person from the Asperger's chat community in person we both realized that whatever we experienced was akin to the "chaos theory". He told me about "chaos theory" while I didn't know even what that term meant but I guess I 'read between the lines'. My question that I linger on still today is "did he understand about me what I think I understood about him?"? That our brains had the same configuration? Most autistic adults who meet other autistic adults usually get disappointed. They think the diagnosis will help them meet somebody like themselves and then they realize the great diversity in the autistic spectrum created by Psychiatry. I later stopped interacting with autistic communities that much, I felt that it did not benefit me. Also Neurodiversity's "neurotypes" interested me for a while until I realized I had "misunderstood everything" about them and how they are used in the Neurodiversity Movement or "Neurodiversity community" if that even can precisely be defined? I doubt it but if you want to contribute to the [[Neurodiversity Movement]]. My previous attempts failed as I got more and more confused. I think a community project needs a community. With a lack of that I don't think it is worth my time. If any of you would like to work on that project let me know on my talk page. So I was kinda lost and was talking to my friend and psychologist and I realized if I never talk about my idea to anyone in a "comprehensive way" or show that it matters to me nothing is going to ever happen. So I started talking about my "idea" more. Nobody could understand the "idea" because I had not developed my skills regarding where to start...although the process had already started "automatically" and that's why I often think of "well my brain sort of activated me". I don't feel like I did have a plan and this idea happened. It happened "by itself". My brain reacted to what I was seeing in a video or stream. I value interaction highly in this idea. I think it would be helpful to make a community of people who are not paranoid about stuff that can express itself like "don't analyze me!", "don't compare me to anyone!". On the contrary, more often than not those adults who were diagnosed were actually openly comparing themselves with each other and I think that is healthy in a "science" way if done the "right way" which probably means "Do no harm". I found video material is important but I'm very unsure if uploading own video material to Wikimedia Commons would constitute a "reasonable" use of the resources there. Maybe somebody here needs to ask more questions to me that I should answer before that happens. I also know the '''be bold''' so I could just do what I think might be ok. Though I work better in a group as long as I know what "group configurations" help me. This is in a non-profit way. Since the state supported me this might be a way I am trying to "give back" to the state and "the world". May seem overly ambitious and crazy but this thing gives me energy. It gives me hope when trying to develop this idea. [[User:ThinkingScience|ThinkingScience]] ([[User talk:ThinkingScience|discuss]] • [[Special:Contributions/ThinkingScience|contribs]]) 10:47, 23 April 2026 (UTC) :Thanks for sharing. There is plenty of room for neurodiversity community learning. However, the challenge I think is that the intersection of those interested in (a) ND, and (b) English Wikiversity might be very small (e.g., 1!) at this point in time. :But don't give up hope. For example, Wikipedia has many more ND-interested editors; maybe consider reaching out to see who might be interested: :[[w:Category:Wikipedians interested in neurodiversity]] :You could also start an equivalent category here: :[[:Category:Wikiversitarians interested in neurodiversity]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:46, 6 May 2026 (UTC) == Request for comment (global AI policy) == <bdi lang="en" dir="ltr" class="mw-content-ltr">A [[:m:Requests for comment/Artificial intelligence policy|request for comment]] is currently being held to decide on a global AI policy. {{int:Feedback-thanks-title}} [[User:MediaWiki message delivery|MediaWiki message delivery]] ([[User talk:MediaWiki message delivery|discuss]] • [[Special:Contributions/MediaWiki message delivery|contribs]]) 00:58, 26 April 2026 (UTC)</bdi> <!-- Message sent by User:Codename Noreste@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=Distribution_list/Global_message_delivery&oldid=30424282 --> == Language learning == toki! I am trying to add or see what the toki pona language learning stuff on here is but I don't see anything that is language learning for anything. [[User:Jan Imon|Jan Imon]] ([[User talk:Jan Imon|discuss]] • [[Special:Contributions/Jan Imon|contribs]]) 23:13, 2 May 2026 (UTC) —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:29, 3 May 2026 (UTC) :We have language materials ([[:Category:Languages]], [[World Languages]], [[Portal:Foreign Language Learning]], [[Portal:Multilingual Studies]]). They are not as developed as I think we would all like and there's not any coverage of Toki Pona, but in principle, we could and would like that. You can also see [[:b:Subject:Languages]] at our sister project Wikibooks. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:33, 3 May 2026 (UTC) == Timeline format? == I’ve been working on the World War II articles, including the [[World War II/Timeline|timeline]], and is there a specific timeline format that should be used? Right now it’s just a table, and there’s no separation between different periods/phases of the war. I don’t want to use [[mw:Extension:EasyTimeline]] because this will be displaying dates and not time periods. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 01:35, 4 May 2026 (UTC) :I dont think we have a policy or guideline, how to format a timeline. But you may try to browes wikiversity by Google if someone was dealing with this in the past somewhow @[[User:PhilDaBirdMan|PhilDaBirdMan]]. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 12:23, 5 May 2026 (UTC) ::+1 - there's no specific guideline on how to format a timeline, it's really up to you. In my opinion I think the timeline is good. I'd personally bold the dates just to make it easier to separate it from the event description, but that's my personal 2 cents. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:18, 5 May 2026 (UTC) :::I’ll probably remove links to the dates/years, they’re just Wikipedia pages that shouldn’t be over linked to. [[User:PhilDaBirdMan|PhilDaBirdMan]] ([[User talk:PhilDaBirdMan|discuss]] • [[Special:Contributions/PhilDaBirdMan|contribs]]) 00:39, 6 May 2026 (UTC) == Interface administrator for Codename Noreste == {{Archive top|After running for a week, there is clear consensus for [[User:Codename Noreste]] to have Interface admin rights for 120 days; implemented until 10 September, 2026 -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:36, 12 May 2026 (UTC)}} Hello, everyone. I am requesting interface administrator access on this wiki. The main reasoning is that I would benefit from having the user right <code>editinterface</code>, which would allow me to make dark mode changes to pages in the MediaWiki namespace, add <code><nowiki><div class="mw-parser-output"></nowiki></code> to some interface pages using templates, handle interface-protected edit requests, and similar stuff. Additionally, I have some knowledge of CSS, and I would like to assist with modifying CSS pages whenever necessary, such as moving MediaWiki common.css code to TemplateStyles CSS pages. I am requesting the maximum time that is allowed per the [[Wikiversity:Interface administrators|policy]], and I have 2FA enabled on my account. Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 00:55, 6 May 2026 (UTC) *{{support}} Globally trusted user. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:07, 6 May 2026 (UTC) *{{support}} Trusted and knowledgeable. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:35, 6 May 2026 (UTC) *{{support}} WV would benefit from this. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 08:32, 6 May 2026 (UTC) *{{support}} --[[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 09:13, 7 May 2026 (UTC) :{{Comment}} Could @[[User:Codename Noreste|Codename Noreste]] delete [[MediaWiki:Gadget-WikiSign.js]], which was requested to be deleted @[[User:Koavf|Justin]], @[[User:Jtneill|Jtneill]], @[[User:Atcovi|Atcovi]]? I dont think we need it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 07:40, 9 May 2026 (UTC) ::Yes - clearly no longer used -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:18, 9 May 2026 (UTC) ::: I can't delete it because I don't have the required permissions to do so. ::: On a side note, if this project has a need for permanent interface administrators, I would suggest that we have a minimum of two IAs, similar to how there must be two CUs and/or suppressors (or none). Maybe Koavf can be a good candidate if I am elected for permanent interface adminship, and I believe that permission shouldn't be removed from someone's own account. Instead, a bureaucrat should do it. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 13:20, 9 May 2026 (UTC) ::::I am willing and happy to do it, unfortunately, we do not have an appetite for indef IAs and just had a discussion that resulted in a [https://en.wikiversity.org/w/index.php?title=Wikiversity:Interface_administrators&diff=prev&oldid=2807543 consensus that we can have IAs that have the user rights for 14 to 120 days]. So once you have the rights, please make sure to gopher it. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 17:54, 9 May 2026 (UTC) :::::@[[User:Koavf|Koavf]] give it time. Look at me, I was in favor of shorter time, now I am looking back to times, when custodians could do it without the need of extra flag. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:31, 9 May 2026 (UTC) ::::::Here's hoping. I think it would reduce administrative overhead, but that's just me and I'm not a bureaucrat here. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 18:33, 9 May 2026 (UTC) ::::Complicated. Where are the times, admins could do everything! [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:27, 9 May 2026 (UTC) {{archive bottom}} == [[Wikiversity:Bureaucratship]] to become a policy == Following the recent approval of [[Wikiversity:Curators]] as a policy, I think [[Wikiversity:Bureaucratship]] may also be ready for policy status. Please share your views about whether bureaucratship is ready to become a policy, or whether further revisions are needed. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 13:58, 9 May 2026 (UTC) : I added a logo about that user group, but other than that, it looks good to me. {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:38, 9 May 2026 (UTC) :I think that the consensus on this policy is proven by years of using it without further changes. But I I have to say weather I agree with this to become a policy, than of course {{support}}. It works and there were no major issues with it. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 18:45, 9 May 2026 (UTC) :{{support}} no issues. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:51, 10 May 2026 (UTC) :{{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 12:37, 11 May 2026 (UTC) :{{support}} ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:51, 12 May 2026 (UTC) == Reminder about custodian-related pages == I would like to remind the community about what the following custodian pages are: * [[Wikiversity:Request custodian action]] is for requesting actions to be done by custodians, and * [[Wikiversity:Notices for custodians]] is for notices of interest to custodians, like an administrator's noticeboard Thank you. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 14:12, 12 May 2026 (UTC) :Thanks - I needed this reminder :) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:21, 12 May 2026 (UTC) == [[MediaWiki:Protectedpagetext#Protected edit request on 11 December 2025]] == I posted an edit request there 5 months ago, so I’ll be taking it to this page. [[Special:Contributions/&#126;2026-28640-56|&#126;2026-28640-56]] ([[User talk:&#126;2026-28640-56|talk]]) 23:33, 12 May 2026 (UTC) :What exactly is the problem? I don't understand what needs to change and why. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:35, 12 May 2026 (UTC) : Pinging @[[User:Atcovi|Atcovi]], @[[User:Jtneill|Jtneill]] and @[[User:Juandev|Juandev]] for further input. Someone is requesting a modification to [[MediaWiki:Protectedpagetext]] to use {{tlx|Protected page text}}, but we might need to discuss whether to use the template. In the meantime, I'll start a sandbox version of the protected page text template. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:19, 14 May 2026 (UTC) ::Sounds good -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:13, 15 May 2026 (UTC) == Create a pseudo-bot user group? == I would like to propose adding a new user group to Wikiversity: Pseudo-bot (<code>flood</code>). This will allow users to perform repetitive actions without flushing the recent changes feed (with only the <code>bot</code> user right). However, I would suggest that for the pseudo-bot user group: * It can be granted and revoked by custodians. However, can curators add and remove pseudo-bot from their own accounts (and not others)? * Users can remove themselves from it. * A guideline might be necessary about the information and usage of it. Thoughts? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 03:31, 14 May 2026 (UTC) :This sounds good. Which other wiki could we model this user group on? e.g., [[b:Wikibooks:Pseudo-bots]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 04:19, 15 May 2026 (UTC) ::@[[User:Jtneill|Jtneill]] Wikiquote has a similar group: [[:wikiquote:Special:ListGroupRights]] [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 04:25, 15 May 2026 (UTC) == Coming over From wikinews == Any chance someone could help me if you are allowed to write news articles here since wikinews is going read only mode soon, thank you! [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:43, 1 May 2026 (UTC) :The scope of Wikiversity is very broad and is basically about more-or-less any learning material. We have made it a point to not have duplicative content of other WMF projects, but since Wikinews is being shuttered, I personally am fine with writing news articles here. One thing that is not controversial at all is a learning resource <em>about</em> how to write news: that could be hugely useful here and could involve the process of writing news stories to learn and to share back and forth with an editor or fact-checker. In fact, I'd support an entire namespace dedicated to keeping the notion of Wikinews alive here. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 23:38, 1 May 2026 (UTC) ::Thank you so much! How do I start? Cheers! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:07, 2 May 2026 (UTC) :::I think it's premature to start just making news articles en masse, but if you want to start discussing the topic of citizen journalism, you can do that now. [[:Category:Journalism]] already has some material, so you can start by seeing what we already have, how you can refine that, etc. You can definitely have learning resources with collaborators who want to learn about journalism ASAP. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:24, 2 May 2026 (UTC) ::::thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:38, 2 May 2026 (UTC) ::::If I could try and start one News Article could you please tell me how to go about it? Like what style of writing like Wikinews or something else? Thank you Justin! @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 01:48, 2 May 2026 (UTC) :::::Honestly, there are very few policies and guidelines here. I think the best way to write a news story would be in a manner that is obvious and instructive. So, for instance, it's common to use the "pyramid style" when you're writing news, so if you were to write a story that makes it very clear that you are using that approach, that would be helpful. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:08, 2 May 2026 (UTC) ::::::cool thanks. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:13, 2 May 2026 (UTC) ::::::im ready to write @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 21:30, 13 May 2026 (UTC) :::::::I think we should get more local consensus for a big project like including the entirety of the scope of Wikinews here. Again, I support it personally. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:55, 13 May 2026 (UTC) ::::::::ok lets begin. [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 22:15, 13 May 2026 (UTC) == Proposal to rehost Wikinews here == As many of you know, and mentioned here at the Colloquium, our sister project Wikinews recently closed, with all 31 active editions made read-only. [[User:BigKrow]] has asked about the prospect of writing news stories here and I suggested that since we already have [[School:Journalism]] and some resources related to the [[:Category:Journalism|broader topic of journalism]]. I would like to propose that we have continued and indefinite space for {{w|citizen journalism}} by essentially repurposing Wikinews into a sub-project here. The only special infrastructure that Wikinews required was [[:mw:Extension:DynamicPageList]], which was deactivated and caused issues due to a lack of maintenance. I will add this proposal to the site banner, but I recognize that that may be a conflict of interest, so if anyone requests that I remove it, I will. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:30, 14 May 2026 (UTC) :I would like to see this conversation go for at least 30 days to establish a consensus. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) ===Votes=== *{{support}} as proposer (with BK's inspiration). I think that an ongoing experiment in citizen journalism is a fit and appropriate use of this site. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 05:35, 14 May 2026 (UTC) *{{support}}, hope to seeing ideas about this, and thank you @[[User:Koavf|Koavf]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 11:08, 14 May 2026 (UTC) *{{support}} Other than perhaps inflating the total number of pages reported, I see the idea of "practicing journalism" a worthy and relevant activity within the domain of Wikiversity. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:41, 14 May 2026 (UTC) *{{support}} Conditional on development of (a) community guidelines that ensure alignment with Wikiversity's purpose, and (b) clear, nested page-naming structures for projects. More detail below. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:48, 15 May 2026 (UTC) ===Comments and questions=== :Definitely worthy of discussion, so I have no problem with the proposal in the sitenotice. :Initial questions: :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? :* What are "active editions"? :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? :* Are any changes to the scope of Wikinews proposed? :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. :-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 05:52, 14 May 2026 (UTC) :* Does this proposal include importing English Wikinews content e.g., to [[Wikinews]] subpages? ::*No, not at this time. :* What are "active editions"? ::*There were 30 other active editions of Wikinews in addition to English (e.g. [[:n:es:]]) at the time of universal closure (2026-05-04). :* How can Wikiversity navigate the concerns that lead to the closure of Wikinews? ::*One of the biggest issues was the problems with DPL, which is now irrelevant. Another was the lack of activity, which can be ameliorated by having it be part of an existing project instead of its own domain (e.g. some editions of Wikipedia host their own Wikinews already and those projects were not impacted by the closure). :* Are any changes to the scope of Wikinews proposed? ::*Not at this juncture. I would also propose as far as implemention goes that we would request a new namespace and that the material be more-or-less sequestered into its own ongoing project, like Wikijournal is or like the Cookbook and Wikijunior are at our sister [[:b:]]. :* How does [[Wikinews]] fit with the [[Wikiversity:Mission]]? What aligns well? Where might there be tension? :** e.g., I'm not sure that a page like [[Story/Manchester City moves two points behind Arsenal]] in and of itself will serve as an educational resource. ::*The process of citizen journalists practicing their craft in real-time and collaborating with others to do so is itself an education activity. We would essentially be hosting a real-time experiment in citizen journalism, online communities, and collaborative learning in addition to the prospect of spreading educational information from someone actually reading the news. I would propose that we could also make a more deliberate attempt to engage with learning <em>about</em> what does and doesn't work with collaborative news writing by experimentation (e.g. audio news, syndicating to other sites, incorporating freely-licensed news from other sources, writing hyper-local news, writing briefs versus longer-term reportage) and also seeing if the problems noted in the Task Force report that recommended closure can be overcome. Note that we have already done some local investigation about and learning about wiki-based journalism on Wikinews here at [[Journalism studies and Wikinews]]. We could continue that learning and refine the process, including incorporating journalism students from universities. As for tensions, Wikinews is the only sister project that must be done with a quick turn-around: if you take a long time to [[:s:|transcribe a book]], that's just how long it takes, but if you take a long time to write news, it ceases to be news entirely. Wikiversity has been a very slow-growing project that has definitely had some successes but has generally come together over a long period with most learning resources being individual passion projects (or sometimes, frankly, crankery) which would not work with collaborative news that requires more than just a single editor writing whatever he feels like. ::Please let me know any other questions/concerns and any other editors feel free to give your own perspective. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:13, 14 May 2026 (UTC) :::Thanks, Justin — it is food for thought. :::In attempting to understand how we've arrived here, I've summarised some of the background on this page: [[Wikinews]]. :::Perhaps it could be helpful to flesh out more of the vision / ideas / possibilities / challenges on that page? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:49, 14 May 2026 (UTC) :::*Having given it some thought, in principle, I support hosting [[citizen journalism]] on Wikiversity where it is clearly connected to a learning project and/or constitutes original research, both of which align strongly with [[Wikiversity:Mission|Wikiversity’s educational mission]]. :::*My chief concern is the potential for news content that is not clearly linked to the purpose of Wikiversity. To avoid this, some community-agreed guidelines would be prudent. These need not be overly restrictive; they should support boldness and experimentation while helping ensure alignment with Wikiversity's purpose. :::*Given the reported low and declining activity on Wikinews, it seems unlikely that English Wikiversity would be overwhelmed by an influx of news-related editing. My impression is that English Wikinews was the most active edition, but even so, many contributors are likely to disperse to other projects or cease editing altogether. A modest migration of interested editors to Wikiversity seems manageable. :::*At this stage, I do not think a dedicated namespace is necessary. Subpages under [[Wikinews]] or nested pages under relevant learning or research projects, or user-space draft pages should be suitable. I agree that [[Wikijournal]] offers a useful model, as do several existing course structures on Wikiversity. :::*I support [[User:Koavf]]’s suggestions about framing Wikinews activity explicitly around learning. This would create a distinctive space for experimenting with collaborative news production in ways that are pedagogically meaningful. I agree that the [[journalism studies and Wikinews]] project developed by David and Leigh Blackall through the University of Wollongong is an excellent example of the intersection between Wikiversity and Wikinews. The [[Wikinews]] page could evolve into a hub for such projects. :::*I've tidied the [[:Category:Wikinews|Wikinews category]] and merged some content into the [[Wikinews]] page. As part of a reinvigoration effort, please review these and related resources such as [[:Category:Journalism]] and [[School:Journalism]]. :::*A further argument in favour of this initiative is that Wikipedia explicitly excludes both news reporting and original research. So, there is value in maintaining spaces within the Wikimedia ecosystem where these forms of knowledge production can be openly developed and curated. Such work can, in turn, generate valuable evidence and source material that may later inform Wikipedia articles. :::*The closure of WMF-hosted Wikinews does not imply that open wiki-based news curation lacks value. Indeed, the closure documentation appears supportive of experimentation with alternative news models across Wikimedia projects, including through Wikipedia and Wikidata. In that context, Wikiversity seems a natural home for a Wikinews experiment, provided it is clearly grounded in learning and/or research. :::-- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:39, 15 May 2026 (UTC) 71ovt40n0i7ot1rap82tv97iz3fi014 MediaWiki:Sidebar 8 1210 2809400 2578551 2026-05-15T01:16:22Z Jtneill 10242 Remove Wikinews (project has closed) 2809400 wikitext text/x-wiki * SEARCH * navigation ** mainpage-url|Main Page ** Project:Browse|Browse ** recentchanges-url|recentchanges ** Help:Guides|Guided tours ** Special:Randomrootpage|Random ** helppage|help ** sitesupport-url|sitesupport * community ** portal-url|portal ** Project:Colloquium|Colloquium ** currentevents-url|currentevents ** Project:Community projects|Projects ** Project:Sandbox|Sandbox * TOOLBOX * LANGUAGES * wikimedia projects ** commons:Main Page|Commons ** b:Project:Main Page|Wikibooks ** d:Wikidata:Main Page|Wikidata ** w:Main Page|Wikipedia ** q:Main Page|Wikiquote ** s:Main Page|Wikisource ** species:Main Page|Wikispecies ** voy:Main Page|Wikivoyage ** wikt:Project:Main Page|Wiktionary ** meta:Main Page|Meta-Wiki ** outreach:Main Page|Outreach ** mw:MediaWiki|MediaWiki ** meta:Wikimania|Wikimania 4zl8iuw8pt1gzeu8dw32n9ghzzn6ow5 Wikiversity:FAQ/Editing 4 1646 2809384 2428917 2026-05-15T00:05:22Z Codename Noreste 2969951 - 2809384 wikitext text/x-wiki __TOC__ {{Editing help}} You can just dive in and start typing the way you'd type an e-mail - '''[[Help:Be bold|be bold!]]'''. Come to this page, however, for a jumping-off place for more technical editing instructions. To experiment with editing, visit the [[Wikiversity:Sandbox|sandbox]]. This page is like a manual for editing [[Wikiversity]] and provides many examples. You may want to keep this page open in a separate browser window for reference while you edit. If you are new to [[wiki]], you may benefit from [[Introduction to Wikiversity]] before trying to use this page. Additional help pages for editing are shown in the box on the right. :''Wikipedia has additional help for editing such as the [[w:Wikipedia:Cheatsheet|Wikipedia Cheatsheet]]. There is an attempt to centralize help for all Wikimedia projects at [[m:Help:Editing|this page]].'' == Editing basics == [[file:mediawiki editthis.jpg|right|link={{fullurl:Project:Sandbox|action=edit}}]] [[file:mediawiki editlink.jpg|right|link={{fullurl:Project:Sandbox|action=edit&section=1}}]] *'''[[Wikiversity:Introduction|Short introductory tutorial]]''' ;Start editing :To start editing a [[w:MediaWiki|MediaWiki]] page, click on the "'''Edit this page'''" (or just "'''edit'''") link at one of its edges. This will bring you to the '''edit page''': a page with a text box containing the ''[[w:wikitext|wikitext]]'': the editable source code from which the server produces the webpage. ''If you just want to experiment, please do so in the [[{{ns:4}}:Sandbox|sandbox]], not here''. ;Summarize your changes :You should write a short [[Help:Edit summary|edit summary]] in the small field below the edit-box. You may use shorthand to describe your changes, as described in the [[{{ns:4}}:Edit summary legend|legend]]. ;Preview before saving :When you have finished, click [[Help:Show preview|preview]] to see how your changes will look -- '''before''' you make them permanent. Repeat the edit/preview process until you are satisfied, then click "Save" and your changes will be immediately applied to the article. Small changes such as spelling corrections can be marked as "minor" before saving. Marking a significant change as a minor change is considered bad Wikiquette. ;Review previous changes to the page :Yes, you can step back in time to see every single version of a page. Just click on the History tab at the top of the page. Here you can see who did the editing, the date of the change, their summary notes about the change. There are even tools to let you compare what's different between one version and another. Click on an editor's Talk URL and go to their talk page where you can engage them in discussion. {{:Help:Wikitext quick reference}} <!-- Edit this at [[Help:Wikitext quick reference]] --> {{:Help:Editing tips and tricks}} <!-- Edit this at [[Help:Editing tips and tricks]] --> ==References== For help with adding a numbered reference list to a Wikiversity page, see [[w:Wikipedia:Footnotes|Wikipedia:Footnotes]]. If your reference list looks odd, go to the small window of your browser that shows the URL of the page and add '''?action=purg'''e after the article name. Hit return. ==See also== *[[Help:Editing FAQ]] *[[Help:Calculation]] *[[Help:Editing toolbar]] *[[Help:HTML in wikitext]] *[[Help:Starting a new page]] *[[Help:Variable]] *[[w:UseModWiki|UseModWiki]] and [[w:Wikipedia:PHP script|Wikipedia:PHP script]]. *[[w:HTML element|HTML elements]]. *[[w:User:Pilaf/Live Preview|Live preview]] - a way to preview your edits without contacting the server. ==External links== *[http://home.earthlink.net/~awinkelried/keyboard_shortcuts.html Special characters in HTML] * [http://www.youtube.com/watch?v=lj7huccQV2c Creating a course page on Wikiversity] [[Category:Wikiversity FAQ]] t93g8ucbwxq1thtij1pj1pe2wtieetb Wikiversity:Notices for custodians 4 1786 2809234 2809012 2026-05-14T16:49:40Z Codename Noreste 2969951 /* GRP socks */ archive to [[Wikiversity:Notices for custodians/Archive/7#GRP socks]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809234 wikitext text/x-wiki {{/Header}} == [[special:contribs/189.223.144.31|189.223.144.31]] == * {{user|189.223.144.31}} * Report reason: Open proxy (used by [[w:WP:LTA/GRP|GRP]]), left an abusive edit summary on my talk page. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 01:50, 14 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:09, 14 May 2023 (UTC) == [[special:contribs/2601:206:8580:35D0:714E:77DC:EAE3:DFE3|2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] == * {{user|2601:206:8580:35D0:714E:77DC:EAE3:DFE3}} * Report reason: Edit warring on [[Types of Dinosaur]] (see [[special:diff/2521104|1]], [[special:diff/2521102|2]], [[special:diff/2521100|3]], [[special:diff/2521098|4]]) [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 23:10, 16 May 2023 (UTC) :Now blocked, thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 00:56, 17 May 2023 (UTC) == [[special:contribs/I Join john|I Join john]] == * {{user|I Join john}} * Report reason: spam [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:58, 10 June 2023 (UTC) :Late notice, but for recording purposes: blocked by Dave Braunschweig on June 17. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:52, 3 October 2023 (UTC) == New special page to fight spam == {{int:please-translate}} <div lang="en" dir="ltr" class="mw-content-ltr"> Hello, We are replacing most of the functionalities of [[MediaWiki:Spam-blacklist]] with a new special page called [[Special:BlockedExternalDomains]]. In this special page, admins can simply add a domain and notes on the block (usually reasoning and/or link to a discussion) and the added domain would automatically be blocked to be linked in Wikis anymore (including its subdomains). Content of this list is stored in [[MediaWiki:BlockedExternalDomains.json]]. You can see [[:w:fa:Special:BlockedExternalDomains]] as an example. Check [[phab:T337431|the phabricator ticket]] for more information. This would make fighting spam easier and safer without needing to know regex or accidentally breaking wikis while also addressing the need to have some notes next to each domain on why it’s blocked. It would also make the list of blocked domains searchable and would make editing Wikis in general faster by optimizing matching links added against the blocked list in every edit (see [[phab:T337431#8936498]] for some measurements). If you want to migrate your entries in [[MediaWiki:Spam-blacklist]], there is a python script in [[phab:P49299]] that would produce contents of [[MediaWiki:Spam-blacklist]] and [[MediaWiki:BlockedExternalDomains.json]] for you automatically migrating off simple regex cases. Note that this new feature doesn’t support regex (for complex cases) nor URL paths matching. Also it doesn’t support bypass by spam whitelist. For those, please either keep using [[MediaWiki:Spam-blacklist]] or switch to an abuse filter if possible. And adding a link to the list might take up to five minutes to be fully in effect (due to server-side caching, this is already the case with the old system) and admins and bots automatically bypass the blocked list. Let me know if you have any questions or encounter any issues. Happy editing. [[User:Ladsgroup|Amir]] ([[User talk:Ladsgroup|talk]]) 09:41, 19 June 2023 (UTC) </div> <!-- Message sent by User:Ladsgroup@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=User:Ladsgroup/target_ANs&oldid=25167735 --> ==Vandal: [[User:Ceoalphonso]]== They were spamming on Wikipedia, later claimed that their account was hacked. They were blocked for having a compromised account. They have started editing Wikiversity. High risk of future vandalism. They should be blocked for having a compromised account, in spite of the fact that this is dubious, because of AGF. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 07:45, 30 September 2023 (UTC) :This user hasn't edited since February. Unless their editing picks back up and becomes problematic, there's no action necessary at this time. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:47, 30 September 2023 (UTC) ::{{ping|Atcovi}} They have not been active here since February, but they have made several edits across other wikis in the meantime. Their edits include highly visible vandalism, such as spamming in TemplateData. I would highly recommend a block. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 14:52, 30 September 2023 (UTC) :::Since I still personally disagree, I'll leave this another custodian to take whatever action they deem reasonable. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 17:06, 30 September 2023 (UTC) ::::{{not done}} user has not edited since February 2023, so for record-keeping purposes, I'm marking this request as stale. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:59, 4 December 2024 (UTC) == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) o7gqejgitzbwmksjzecbctn9jywuo0n 2809236 2809234 2026-05-14T16:49:52Z Codename Noreste 2969951 /* 189.223.144.31 */ archive to [[Wikiversity:Notices for custodians/Archive/7#189.223.144.31]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809236 wikitext text/x-wiki {{/Header}} == [[special:contribs/2601:206:8580:35D0:714E:77DC:EAE3:DFE3|2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] == * {{user|2601:206:8580:35D0:714E:77DC:EAE3:DFE3}} * Report reason: Edit warring on [[Types of Dinosaur]] (see [[special:diff/2521104|1]], [[special:diff/2521102|2]], [[special:diff/2521100|3]], [[special:diff/2521098|4]]) [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 23:10, 16 May 2023 (UTC) :Now blocked, thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 00:56, 17 May 2023 (UTC) == [[special:contribs/I Join john|I Join john]] == * {{user|I Join john}} * Report reason: spam [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:58, 10 June 2023 (UTC) :Late notice, but for recording purposes: blocked by Dave Braunschweig on June 17. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:52, 3 October 2023 (UTC) == New special page to fight spam == {{int:please-translate}} <div lang="en" dir="ltr" class="mw-content-ltr"> Hello, We are replacing most of the functionalities of [[MediaWiki:Spam-blacklist]] with a new special page called [[Special:BlockedExternalDomains]]. In this special page, admins can simply add a domain and notes on the block (usually reasoning and/or link to a discussion) and the added domain would automatically be blocked to be linked in Wikis anymore (including its subdomains). Content of this list is stored in [[MediaWiki:BlockedExternalDomains.json]]. You can see [[:w:fa:Special:BlockedExternalDomains]] as an example. Check [[phab:T337431|the phabricator ticket]] for more information. This would make fighting spam easier and safer without needing to know regex or accidentally breaking wikis while also addressing the need to have some notes next to each domain on why it’s blocked. It would also make the list of blocked domains searchable and would make editing Wikis in general faster by optimizing matching links added against the blocked list in every edit (see [[phab:T337431#8936498]] for some measurements). If you want to migrate your entries in [[MediaWiki:Spam-blacklist]], there is a python script in [[phab:P49299]] that would produce contents of [[MediaWiki:Spam-blacklist]] and [[MediaWiki:BlockedExternalDomains.json]] for you automatically migrating off simple regex cases. Note that this new feature doesn’t support regex (for complex cases) nor URL paths matching. Also it doesn’t support bypass by spam whitelist. For those, please either keep using [[MediaWiki:Spam-blacklist]] or switch to an abuse filter if possible. And adding a link to the list might take up to five minutes to be fully in effect (due to server-side caching, this is already the case with the old system) and admins and bots automatically bypass the blocked list. Let me know if you have any questions or encounter any issues. Happy editing. [[User:Ladsgroup|Amir]] ([[User talk:Ladsgroup|talk]]) 09:41, 19 June 2023 (UTC) </div> <!-- Message sent by User:Ladsgroup@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=User:Ladsgroup/target_ANs&oldid=25167735 --> ==Vandal: [[User:Ceoalphonso]]== They were spamming on Wikipedia, later claimed that their account was hacked. They were blocked for having a compromised account. They have started editing Wikiversity. High risk of future vandalism. They should be blocked for having a compromised account, in spite of the fact that this is dubious, because of AGF. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 07:45, 30 September 2023 (UTC) :This user hasn't edited since February. Unless their editing picks back up and becomes problematic, there's no action necessary at this time. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:47, 30 September 2023 (UTC) ::{{ping|Atcovi}} They have not been active here since February, but they have made several edits across other wikis in the meantime. Their edits include highly visible vandalism, such as spamming in TemplateData. I would highly recommend a block. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 14:52, 30 September 2023 (UTC) :::Since I still personally disagree, I'll leave this another custodian to take whatever action they deem reasonable. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 17:06, 30 September 2023 (UTC) ::::{{not done}} user has not edited since February 2023, so for record-keeping purposes, I'm marking this request as stale. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:59, 4 December 2024 (UTC) == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) n14wbqs6iem2w95cbh957jz9qmx4a4e 2809239 2809236 2026-05-14T16:50:08Z Codename Noreste 2969951 /* 2601:206:8580:35D0:714E:77DC:EAE3:DFE3 */ archive to [[Wikiversity:Notices for custodians/Archive/7#2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809239 wikitext text/x-wiki {{/Header}} == [[special:contribs/I Join john|I Join john]] == * {{user|I Join john}} * Report reason: spam [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:58, 10 June 2023 (UTC) :Late notice, but for recording purposes: blocked by Dave Braunschweig on June 17. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:52, 3 October 2023 (UTC) == New special page to fight spam == {{int:please-translate}} <div lang="en" dir="ltr" class="mw-content-ltr"> Hello, We are replacing most of the functionalities of [[MediaWiki:Spam-blacklist]] with a new special page called [[Special:BlockedExternalDomains]]. In this special page, admins can simply add a domain and notes on the block (usually reasoning and/or link to a discussion) and the added domain would automatically be blocked to be linked in Wikis anymore (including its subdomains). Content of this list is stored in [[MediaWiki:BlockedExternalDomains.json]]. You can see [[:w:fa:Special:BlockedExternalDomains]] as an example. Check [[phab:T337431|the phabricator ticket]] for more information. This would make fighting spam easier and safer without needing to know regex or accidentally breaking wikis while also addressing the need to have some notes next to each domain on why it’s blocked. It would also make the list of blocked domains searchable and would make editing Wikis in general faster by optimizing matching links added against the blocked list in every edit (see [[phab:T337431#8936498]] for some measurements). If you want to migrate your entries in [[MediaWiki:Spam-blacklist]], there is a python script in [[phab:P49299]] that would produce contents of [[MediaWiki:Spam-blacklist]] and [[MediaWiki:BlockedExternalDomains.json]] for you automatically migrating off simple regex cases. Note that this new feature doesn’t support regex (for complex cases) nor URL paths matching. Also it doesn’t support bypass by spam whitelist. For those, please either keep using [[MediaWiki:Spam-blacklist]] or switch to an abuse filter if possible. And adding a link to the list might take up to five minutes to be fully in effect (due to server-side caching, this is already the case with the old system) and admins and bots automatically bypass the blocked list. Let me know if you have any questions or encounter any issues. Happy editing. [[User:Ladsgroup|Amir]] ([[User talk:Ladsgroup|talk]]) 09:41, 19 June 2023 (UTC) </div> <!-- Message sent by User:Ladsgroup@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=User:Ladsgroup/target_ANs&oldid=25167735 --> ==Vandal: [[User:Ceoalphonso]]== They were spamming on Wikipedia, later claimed that their account was hacked. They were blocked for having a compromised account. They have started editing Wikiversity. High risk of future vandalism. They should be blocked for having a compromised account, in spite of the fact that this is dubious, because of AGF. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 07:45, 30 September 2023 (UTC) :This user hasn't edited since February. Unless their editing picks back up and becomes problematic, there's no action necessary at this time. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:47, 30 September 2023 (UTC) ::{{ping|Atcovi}} They have not been active here since February, but they have made several edits across other wikis in the meantime. Their edits include highly visible vandalism, such as spamming in TemplateData. I would highly recommend a block. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 14:52, 30 September 2023 (UTC) :::Since I still personally disagree, I'll leave this another custodian to take whatever action they deem reasonable. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 17:06, 30 September 2023 (UTC) ::::{{not done}} user has not edited since February 2023, so for record-keeping purposes, I'm marking this request as stale. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:59, 4 December 2024 (UTC) == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) 4cj4ewjbyrfqx0hl9si3cp1ju7se2nv 2809241 2809239 2026-05-14T16:52:24Z Codename Noreste 2969951 /* I Join john */ archive to [[Wikiversity:Notices for custodians/Archive/7#I Join john]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809241 wikitext text/x-wiki {{/Header}} == New special page to fight spam == {{int:please-translate}} <div lang="en" dir="ltr" class="mw-content-ltr"> Hello, We are replacing most of the functionalities of [[MediaWiki:Spam-blacklist]] with a new special page called [[Special:BlockedExternalDomains]]. In this special page, admins can simply add a domain and notes on the block (usually reasoning and/or link to a discussion) and the added domain would automatically be blocked to be linked in Wikis anymore (including its subdomains). Content of this list is stored in [[MediaWiki:BlockedExternalDomains.json]]. You can see [[:w:fa:Special:BlockedExternalDomains]] as an example. Check [[phab:T337431|the phabricator ticket]] for more information. This would make fighting spam easier and safer without needing to know regex or accidentally breaking wikis while also addressing the need to have some notes next to each domain on why it’s blocked. It would also make the list of blocked domains searchable and would make editing Wikis in general faster by optimizing matching links added against the blocked list in every edit (see [[phab:T337431#8936498]] for some measurements). If you want to migrate your entries in [[MediaWiki:Spam-blacklist]], there is a python script in [[phab:P49299]] that would produce contents of [[MediaWiki:Spam-blacklist]] and [[MediaWiki:BlockedExternalDomains.json]] for you automatically migrating off simple regex cases. Note that this new feature doesn’t support regex (for complex cases) nor URL paths matching. Also it doesn’t support bypass by spam whitelist. For those, please either keep using [[MediaWiki:Spam-blacklist]] or switch to an abuse filter if possible. And adding a link to the list might take up to five minutes to be fully in effect (due to server-side caching, this is already the case with the old system) and admins and bots automatically bypass the blocked list. Let me know if you have any questions or encounter any issues. Happy editing. [[User:Ladsgroup|Amir]] ([[User talk:Ladsgroup|talk]]) 09:41, 19 June 2023 (UTC) </div> <!-- Message sent by User:Ladsgroup@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=User:Ladsgroup/target_ANs&oldid=25167735 --> ==Vandal: [[User:Ceoalphonso]]== They were spamming on Wikipedia, later claimed that their account was hacked. They were blocked for having a compromised account. They have started editing Wikiversity. High risk of future vandalism. They should be blocked for having a compromised account, in spite of the fact that this is dubious, because of AGF. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 07:45, 30 September 2023 (UTC) :This user hasn't edited since February. Unless their editing picks back up and becomes problematic, there's no action necessary at this time. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:47, 30 September 2023 (UTC) ::{{ping|Atcovi}} They have not been active here since February, but they have made several edits across other wikis in the meantime. Their edits include highly visible vandalism, such as spamming in TemplateData. I would highly recommend a block. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 14:52, 30 September 2023 (UTC) :::Since I still personally disagree, I'll leave this another custodian to take whatever action they deem reasonable. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 17:06, 30 September 2023 (UTC) ::::{{not done}} user has not edited since February 2023, so for record-keeping purposes, I'm marking this request as stale. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:59, 4 December 2024 (UTC) == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) su8jppry5a7jbzyp4t0pemic3mte5nn 2809243 2809241 2026-05-14T16:52:36Z Codename Noreste 2969951 /* New special page to fight spam */ archive to [[Wikiversity:Notices for custodians/Archive/7#New special page to fight spam]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809243 wikitext text/x-wiki {{/Header}} ==Vandal: [[User:Ceoalphonso]]== They were spamming on Wikipedia, later claimed that their account was hacked. They were blocked for having a compromised account. They have started editing Wikiversity. High risk of future vandalism. They should be blocked for having a compromised account, in spite of the fact that this is dubious, because of AGF. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 07:45, 30 September 2023 (UTC) :This user hasn't edited since February. Unless their editing picks back up and becomes problematic, there's no action necessary at this time. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:47, 30 September 2023 (UTC) ::{{ping|Atcovi}} They have not been active here since February, but they have made several edits across other wikis in the meantime. Their edits include highly visible vandalism, such as spamming in TemplateData. I would highly recommend a block. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 14:52, 30 September 2023 (UTC) :::Since I still personally disagree, I'll leave this another custodian to take whatever action they deem reasonable. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 17:06, 30 September 2023 (UTC) ::::{{not done}} user has not edited since February 2023, so for record-keeping purposes, I'm marking this request as stale. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:59, 4 December 2024 (UTC) == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) 8jol2bvijbstwz33rcl89czytamp48x 2809245 2809243 2026-05-14T16:54:46Z Codename Noreste 2969951 /* Vandal: User:Ceoalphonso */ archive to [[Wikiversity:Notices for custodians/Archive/7#Vandal: User:Ceoalphonso]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809245 wikitext text/x-wiki {{/Header}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) eb6gnrtf3pnt4yeab5u4kv7za3qkkz0 2809248 2809245 2026-05-14T16:59:55Z Codename Noreste 2969951 /* Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701 */ archive to [[Wikiversity:Notices for custodians/Archive/8#Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809248 wikitext text/x-wiki {{/Header}} == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) otfus66gjjf4cuneelw9ujae8hd7t0x 2809250 2809248 2026-05-14T17:00:16Z Codename Noreste 2969951 /* Maintenance vs administration */ archive to [[Wikiversity:Notices for custodians/Archive/8#Maintenance vs administration]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809250 wikitext text/x-wiki {{/Header}} == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) feenq98u98ykhsfvdzibwq0brrd05b5 2809252 2809250 2026-05-14T17:00:29Z Codename Noreste 2969951 /* Vandalism */ archive to [[Wikiversity:Notices for custodians/Archive/8#Vandalism]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809252 wikitext text/x-wiki {{/Header}} == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) k0hb2uiy30qexrnb9fnatiaib9jbygd 2809254 2809252 2026-05-14T17:00:53Z Codename Noreste 2969951 /* Import of aiCAMstir */ archive to [[Wikiversity:Notices for custodians/Archive/8#Import of aiCAMstir]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809254 wikitext text/x-wiki {{/Header}} == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) jh6ff0dx5x5060x77tdqo48yq67qcv3 2809256 2809254 2026-05-14T17:01:12Z Codename Noreste 2969951 /* Block of MarsSterlingTurner */ archive to [[Wikiversity:Notices for custodians/Archive/8#Block of MarsSterlingTurner]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809256 wikitext text/x-wiki {{/Header}} == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) p2rqzt0oc5ob2mz9bzm8i7c5mih9yrm 2809259 2809256 2026-05-14T17:01:28Z Codename Noreste 2969951 /* Edit warring by User:Harold Foppele */ archive to [[Wikiversity:Notices for custodians/Archive/8#Edit warring by User:Harold Foppele]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809259 wikitext text/x-wiki {{/Header}} == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) hjkd0l4ydzsf3qjhjpqjvwr2qfanf87 2809261 2809259 2026-05-14T17:01:39Z Codename Noreste 2969951 /* New curatorship request */ archive to [[Wikiversity:Notices for custodians/Archive/8#New curatorship request]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809261 wikitext text/x-wiki {{/Header}} == Call for custodians and bureaucrats == <div class="cd-moveMark">''Moved from [[Wikiversity:Request custodian action#Call for custodians and bureaucrats]]. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 18:46, 12 May 2026 (UTC)''</div> Can I encourage currently active [[Wikiversity:Curators|curators]] to consider putting themselves forward for [[Wikiversity:Custodianship|custodianship]] and/or [[Wikiversity:Bureaucrat|bureaucratship]]. We have a productive, capable group of [[Wikiversity:Staff|staff]] at the moment who should probably have more rights to better support the project and we are light on for active custodians and bureaucrats. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 11:34, 9 May 2026 (UTC) : I'm willing to do so. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 11:48, 9 May 2026 (UTC) ::Awesome. Could you self-nominate at [[Wikiversity:Candidates for Custodianship]]? -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 10:59, 11 May 2026 (UTC) ::: I filed my nomination, but according to the custodianship policy, I am running for probationary custodianship, and after a period of four weeks, I will run again for permanent custodianship to determine if I have performed well and professionally. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 19:00, 12 May 2026 (UTC) :I'm also willing to run for bureaucratship as I imagine my activity levels should remain sufficient. I could put in a nomination within the next week or so. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:55, 11 May 2026 (UTC) ::Wonderful. [[Wikiversity:Candidates for Bureaucratship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:09, 12 May 2026 (UTC) :Would also like to help! [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:25, 13 May 2026 (UTC) ::Merci beaucoup :) When you're ready, you can self-nominate for probationary custodianship at [[Wikiversity:Candidates for Custodianship]]. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:08, 14 May 2026 (UTC) == Call for custodian mentors== If you have more than 3 months experience as a custodian, please consider listing yourself as potential mentor for probationary custodians: [[Wikiversity:List of custodian mentors]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 22:27, 12 May 2026 (UTC) kecqhm6mjphnxhltm6rzdshx8fdyr7u Wikiversity:Custodianship 4 2055 2809333 2808977 2026-05-14T21:51:16Z Codename Noreste 2969951 Modifying to account for the abuse filter account, because while it technically has custodian rights, it is automated. Also, I added a reference section and formatted the bullet points. 2809333 wikitext text/x-wiki {{pp-protected|small=yes}} {{Policy|WV:CUST}} [[File:Wikiversity Administrator.svg|right|130px|link=]] '''Custodians''' are part of [[Wikiversity]]'s [[Wikiversity:Support staff|support staff]]. They are experienced and trusted users who can [[#Edit and move protection of pages|protect]] and unprotect pages, [[#Deletion and restoration of pages|delete]] and restore pages, and [[#User blocks|block]] or unblock users from editing. Custodians are the Wikiversity equivalent of administrators (also known as sysops, bibliotecarios (librarians), and moderators). The English Wikiversity currently has {{#expr:{{NUMBEROFADMINS}} -1}} custodians ([[Special:ListUsers/sysop|full list]]). {{center top}}'''[[Wikiversity:Request custodian action|Request assistance]]''' - '''[[Wikiversity:Support staff#Support staff directory|List of custodians]]''' - '''[[Wikiversity:Candidates for Custodianship|Requests for custodianship]]'''{{center bottom}} == How does one become a custodian? == {{shortcut|WV:CUST/HOW}} Any [[Wikiversity:Who are Wikiversity participants?|Wikiversity participant]] willing to do a lot of [[#What can custodians do?|dull and boring work]] for the community can become a custodian. If you have a good editing record then you are likely to be trusted and granted the privileges and responsibilities of custodianship. If you are still interested in custodianship, here is the process it takes: {| style="border-collapse: collapse" border="1" cellpadding="4" | style="padding: 10px; text-align: center" | I | <div id="Request"> ;Request </div> You must request or be nominated for custodianship at [[Wikiversity:Candidates for Custodianship|Candidates for Custodianship]]. State your reasons for seeking this position and in what areas you are or would like to be active. You may also refer to your contributions and indicate whether you have similar responsibilities at other projects. |- | style="padding: 10px; text-align: center" | II | <div id="Mentorship"> ;Mentorship </div> [[Wikiversity:List of custodian mentors|Custodian mentors]] are expected to guide and advise you on the appropriate use of custodian privileges in accordance with established policy and [[Wikiversity:Consensus|community consensus]]. If an experienced custodian agrees to mentor you and you agree to their mentorship, then you will be approved as a [[w:Probation (workplace)|probationary]] custodian for a period of at least '''four weeks'''. You will have all the privileges described below. If you have any questions or concerns, you should contact your mentor(s) for guidance and advice. If you or your mentor terminate the mentorship agreement before the probationary period is complete, you will have 48 hours to find a new mentor. Otherwise your mentor may [[Meta:SRP|request removal of custodian privileges]] after 48 hours, without any further notice or community discussion. |- | style="padding: 10px; text-align: center" | III | <div id="Evaluation"> ;Evaluation </div> Your mentor will submit a request for comments at [[Wikiversity:Candidates for Custodianship|Candidates for Custodianship]] for a period of at least '''seven days''' when you are ready. During that period Wikiversity participants can evaluate how well the custodian privileges are used and how you conducted yourself at Wikiversity. |- | style="padding: 10px; text-align: center" | IV | <div id="Custodianship"> ;Custodianship </div> After one week of evaluation, a bureaucrat will make the final decision based on the arguments provided in the discussion. If you are approved, you will be a [[#Notes|permanent custodian]]. If you are not approved, your probationary period may either be extended or you may request another mentorship later. |} == What can custodians do? == {{shortcut|WV:CUST/WHAT}} === Deletion and undeletion of pages === {{shortcut|WV:CUST/D}} [[File:Delete and Protect buttons.png|200px|right]] Custodians can delete pages including images, categories, templates, etc. Deletion is subject to [[Wikiversity:Policies|policy]]. Deletion requests may be submitted by any user at [[Wikiversity:Requests for Deletion]]. Deleting a page does not actually remove it from the database. It is merely invisible to non-custodians and can be restored at request, which may be submitted at [[Wikiversity:Requests for Deletion]]. Page deletions and undeletions can be monitored by viewing the [[Special:Log/delete|deletion log]]. Custodians can also delete individual versions with the [[Wikiversity:Revision deletion|RevisionDelete]] feature. This is particularly useful to remove materials that violate [[Wikiversity:Copyrights|copyrights]] or other applicable law. Before you delete a page, read: [[Wikiversity:Welcome templates]]. See also: [[Wikiversity:Deletion policy]]. === Edit and move protection of pages === Custodians can [[Wikiversity:Page protection|protect pages]] to prevent editing. There are two types of page protection: semi-protection, which prevents anonymous and new users from editing, and full protection, which prevents all non-custodians from editing. A page can also be protected to prevent moving. Page protection can be lifted by any custodian upon request, which may be submitted at [[Wikiversity:Request custodian action]]. Page protections and unprotections can be monitored by viewing the [[Special:Log/protect|protection log]]. === Rollback === [[Image:Rollback button.png|thumb|300px|Rollback button]] Custodians have a ''[[Wikiversity:Rollback|rollback tool]]'' to revert the last change or group of changes made to a page by the same user. There is no option to provide an edit summary when using this tool. Instead, a summary such as "Reverted edits by [[Special:Contributions/$2|$2]] ([[User_talk:$2|talk]]) to last version by [[User:$1|$1]] using [[Wikiversity:Rollback|rollback]]" will be used automatically. This tool is primarily used to respond to obvious vandalism. For other edit reversions, the rollback button should not be used and a good edit summary should be provided. === User blocks === {{shortcut|WV:CUST/B}} Custodians can block users from editing by specifying a username, an IP address or range of addresses. Blocks can be temporary or permanent. Most frequently, blocking occurs in response to obvious and repeated vandalism. When blocking a user, a reason for blocking must be provided which is displayed in the [[Special:Log/block|block log]]. It is also possible to block IP addresses from creating new user accounts. See [[Wikiversity:Blocking policy]]. === Editing MediaWiki [[Wikiversity:Namespaces|namespace]] === {{shortcut|WV:CUST/MW}} Custodians are able to edit system messages (the standard texts that are used by the MediaWiki software). === Import === Custodians have access to the [[Special:Import|Import tool]], to bring materials from Wikipedia, Wikibooks, Beta.Wikiversity, Wikiquote, and Wikisource. === User rights === Custodians can determine [[Wikiversity:Consensus|consensus]] and grant or revoke the following user permissions: * [[Wikiversity:Curatorship|Curator]] * [[Wikiversity:Event organizers|Event organizer]] * [[Wikiversity:IP block exemption|IP block exemption]] * [[Wikiversity:Temporary account IP viewer|Temporary account IP viewer]] However, custodians cannot grant or revoke custodian, bureaucrat, bot, or interface administrator permissions. These actions require [[Wikiversity:Bureaucratship|bureaucrat]] and/or [[m:Steward|steward]] permissions. == How are custodians expected to act? == {{shortcut|WV:CUST/E}} Custodians are supposed to follow the same principles as every other user, including [[Wikiversity:Civility|being civil]], [[Wikiversity:Assume Good Faith|assuming good faith]], and understanding [[Wikiversity:What is Wikiversity?|what Wikiversity is]]. They are expected to act professionally, and to respect policy and [[Wikiversity:Consensus|community consensus]]. For a discussion of possible failure to act professionally, see a proposed recusal policy at [[Wikiversity:Recusal]]. ==Problems with custodians== {{shortcut|WV:CUST/P}} If you have a question about an action (page deletion, page protection, user block, editing MediaWiki namespace pages, violation of Wikiversity policy or some other action that does serious damage to the project) by a Wikiversity custodian, the first thing to do is leave a message on that custodian's user discussion page. Custodians should always be able to explain how their actions support Wikiversity. If you cannot get satisfaction from discussion with the custodian, you can place comments, suggestions, complaints or questions at [[Wikiversity:Custodian feedback|Custodian feedback]]. Try to resolve all custodian problems by discussion. Custodians can lose their status for [[wikt:egregious|egregious]] violations of policies. Loss of custodianship involves a process that establishes community consensus. If a specific complaint is not resolved at [[Wikiversity:Custodian feedback|Custodian feedback]] then a [[Wikiversity:Community Review|Community Review]] can be initiated to establish if there is community consensus in support for the custodianship of the custodian who is the subject of the unresolved complaint. At the end of the review, Wikiversity bureaucrats will review the discussion. If a bureaucrat decides that there is good reason for removal of a custodianship, that bureaucrat will go to the meta-wiki and [[m:Requests for permissions|request]] that stewards review the community discussion. If a steward agrees that the Wikiversity community has reached consensus about a problem custodian, then that steward can terminate the custodianship of the custodian. If you have a question about an action of a probationary custodian, you should consult their mentor(s). Actions of a probationary custodian are the responsibility of their mentor(s) during their probationary period. Partially depending on agreements made in the probationary candidacy, and with respect for the 48 hour period to find a new mentor, a request to remove custodianship for a probationary custodian may often be made at Meta by any mentor or bureaucrat without need for community consensus. The local process to remove custodianship should only need to be used as a last resort, because of this alternative option. == Notes == {{shortcut|WV:CUST/N}} * Custodianship is a responsibility, not a right. While everyone is encouraged to apply for custodianship, the position is not suited for everyone. Please also note that in all instances not listed above, custodians have no more power or weight than other users. * Custodians should set their "user preferences" so as to provide for email contacts from other Wikiversity participants. If you do not use email, then you must make yourself easily available by some other means such as [[Wikiversity:Chat|IRC chat]]. * The maximum time period of inactivity <u>without community review</u> for holders of advanced administrative rights is two years per the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]]. After that time, a [[meta:Steward requests/Permissions|steward will be asked to remove the rights]].<ref>See also a decision made in [[Wikiversity:Request custodian action/Archive/24#Reviews for Inactivity]].</ref> == Useful reads for custodians == {{Wikiversity organization}} ===Wikiversity=== * [[Wikiversity:Blocking policy]] * [[Wikiversity:No shrines for vandals]] * [[Wikiversity:Policies]] * [[Wikiversity:Revision deletion]] * [[How to be a Wikimedia sysop/Wikiversity]] ===MediaWiki/Wikimedia=== * [[How to be a Wikimedia sysop]] * [[b:MediaWiki Administrator's Handbook|MediaWiki Administrator's Handbook]] ==See also== * [[Special:ListUsers/sysop|List of current Wikiversity custodians and bureaucrats]] * [[Wikiversity:Bureaucratship]] * [[Wikiversity:Candidates for Custodianship]] * [[Wikiversity:CheckUser policy]] * [[Wikiversity:Curatorship]] * [[Wikiversity:History of Wikiversity/Custodianship]] * [[Wikiversity:Support staff|Wikiversity:Staff]] * [[Special:ListGroupRights]] == Reference == {{Reflist}} {{Official policies}} [[Category:Wikiversity custodianship| ]] 84ncjyhgkqgnf7z8hfixizifkvbidda Calculus 0 2650 2809274 2807750 2026-05-14T17:36:23Z Atcovi 276019 /* Other Resources */ +[[Intuitive Calculus]] 2809274 wikitext text/x-wiki {{Tertiary education}} {{Wikibooks|Calculus}} [[Image:RandLintegrals.png|thumb|right|200px|This diagram shows an approximation to an area under a curve. Credit: [[commons:User:Dubhe|Dubhe]].]] '''Calculus''' uses methods originally based on the summation of infinitesimal differences. It includes the examination of changes in an expression by smaller and smaller differences. {{RightTOC}} == Resources == *[[Calculus/Introduction]] * [[Definitions]] * [[Calculus I]] * [[Calculus II]] * [[Fundamental Calculus]] *[[/Quick Reference/]] ==Osnabrück Calculus== '''[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I]]''' is a course for beginners at the University of Osnabrück. It covers logical foundation, sets, mappings, algebraic structures like fields and polynomials, the basics of analysis like sequences, continuity, differentiability, primitive functions and the basics of linear algebra like vector spaces, bases, linear maps, eigenvalues. While this course has been taught many times, this is a textbook -- not an online course. The lectures dealing with calculus are as follows. ::[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I|''Contents'']]&nbsp;•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 1|Logic and argumentation]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 2|Quantifiers and induction]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 3|Sets and mappings]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 4|Fields]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 5|Complex numbers]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 6|Polynomials]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 7|Approximation and convergence]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 8|Completeness]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 9|Series]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 10|Continuity]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 11|Intermediate value theorem]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 12|Exponential function]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 13|Trigonometry]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 14|Differentiability]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 15|Mean value theorem]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 16|The number {{mat|term=\pi|}}]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 17|Taylor series]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 18|Integration]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 19|Fundamental theorem of calculus]]•&nbsp;[[Mathematics for Applied Sciences (Osnabrück 2023-2024)/Part I/Lecture 20|Rules for integration]] == Lessons == Wikibooks has a well developed [[b:Calculus|Calculus Book]] in 10 sections which this Wikiversity web course should mirror to maximize resources. {| class="wikitable" border="0" |- ! Chapter ! Wikibook Chapter ! Wikiversity Topics ! Wikiversity for Review & Development |- | 1. | [[b:Calculus#Precalculus|Precalculus]] | *[[Our Playground: The Real Numbers and Their Development|The Real Numbers and Their Development]] | *[[Foundations of calculus]] |- | | | *[[Precalculus]] | |- | | | *[[Introduction to Calculus|Introduction to Calculus Overview Page]] | |- | | | **[[Talk:Welcome to "Introduction to Calculus"|Any questions?]] | |- | | | **[[Introduction to Calculus/Introduction]] | |- | | | '''[[Calculus_pre-test|Calculus Pre-Test]]''' | |- | 2. | [[b:Calculus#Limits|Limits]] | **[[Introduction to Calculus/Limits]] | |- | 3. | [[b:Calculus#Differentiation|Differentiation]] | **[[Introduction to Calculus/Differentiation]] | |- | 4. | [[b:Calculus#Integration|Integration]] | **[[Integration by parts]] | |- | | | **[[Integration by Substitution]] | |- | | | **[[Monte Carlo Integration]] | **[[Trigonometric Substitutions]] |- | 5. | [[b:Calculus#Parametric Equations|Parametric equations]] | [[Parametric equations]] | |- | 6. | [[b:Calculus#Polar Equations|Polar equations]] | [[Polar equations]] | |- | 7. | [[b:Calculus#Sequences and Series|Sequences and series]] | [[Sequences and series]] | |- | 8. | [[b:Calculus#Multivariable and Differential Calculus|Vector Calculations]] | [[Vectors]] | |- | 9. | [[b:Calculus#Multivariable and Differential Calculus|Multivariable and Differential Calculus]] | [[Multivariable Calculus]] | |- | 10. | [[b:Calculus#Extensions|Extensions]] | [[Complex Numbers]] | |- | 11. | | | *[[School:Mathematics/Calculus|Calculus]] |- | | | | *[[Calculus II]] |} == Offsite Courses == ;{{:Calculus/OffsiteCourses}} == Other Resources == * [[Intuitive Calculus]] * [[wikibooks:Calculus|Calculus]] (Wikibooks) * [[User_talk:Srmeier|Various Calculus Problems]] * [[Calculus of generating functions]] === Online Textbooks === * [[b:Calculus|Wikibooks Calculus]] * Prof Dale Hoffman. (2007). [http://scidiv.bcc.ctc.edu/dh/CC124/cc124.html Contemporary Calculus: Part 1] * R.Courant. [http://kr.cs.ait.ac.th/~radok/math/mat6/startdiall.htm Differential and Integral Calculus, Vol. I by Richard Courant] * R.Courant. [http://kr.cs.ait.ac.th/~radok/math/mat9/startall.htm#Differential%20and%20Integral%20Calculus Differential and Integral Calculus, Vol. II by Richard Courant] * Gilbert Strang. (1991). [http://ocw.mit.edu/ans7870/resources/Strang/strangtext.htm Calculus] * Ray Mayer. (2007) [http://people.reed.edu/~mayer/math111.html/index.html Calculus I] - Theoretical focus. === Hard-copy Textbooks === * [[w:Michael Spivak|Spivak, Michael]]. (1994). ''Calculus'' {{ISBN|0914098896}} * [[w:Michael Spivak|Spivak, Michael]]. (1965). ''Calculus on Manifolds: A Modern Approach to Classical Theorems of Advanced Calculus'' {{ISBN|0805390219}} * Gilbert Strang. (1991). ''Calculus'' {{ISBN|0961408820}} === Textbook Supplements === * Elliott Mendelson. (1988). ''3,000 Solved Problems in Calculus'' {{ISBN|0070415234}} * Frank Ayes, Elliott Mendelson. (1999). ''Schaum's Outline of Calculus (Fourth Edition)'' {{ISBN|0070419736}} * [http://maquinasdeturingsinrestricciones.com/ Solutions to selected exercises from Apostol's Calculus Vol. 1] * [http://calcchat.com/ Solutions to selected exercises from Calculus by Larson, Hostetler, Edwards] ===Wikipedia=== * [[w:Calculus |Calculus ]] * [[w:List of basic calculus topics|List of basic calculus topics]] * [[w:List of calculus topics|List of calculus topics]] * [[w:Stochastic calculus|Stochastic calculus]] <!-- '* [[w:|]]' copy what is in quotes and put the name of the Wikipedia page between the colon and the '|' to create a link to Wikipedia--> ==See also== * [[MacLaurin series]] <!-- footer templates --> {{tlx|Mathematics resources}}{{Sisterlinks|Calculus}} [[Category:{{PAGENAME}}| ]] [[Category:Mathematics courses]] llia9hu8o3ugsrdmsq2bdpweavv0xtm School:Journalism 100 3651 2809448 2808954 2026-05-15T10:20:06Z Jtneill 10242 /* Courses */ Remove red link 2809448 wikitext text/x-wiki [[Image:Anders Zorn - Emma Zorn läsande.jpg|thumb|400px|Emma Zorn reading a newspaper.]] The Wikiversity School of Journalism is looking to offer study courses people can follow to learn the ethics, theories and techniques of journalism. We strongly encourage practical alignment with [[n:Wikinews|Wikinews]], such as it being a venue for assignment work. If you have knowledge or a skill that can be taught here, please start a course page and list it below. ==Courses== ;Under development * [[Draft:Journalism|Journalism]] * [[Video journalism]] * [[Tips for journalistic writing]] * [[New journalism]] * [[Journalism on Wikinews]] * [[Blogging]] ;Proposed * Broadcast journalism - Radio * Sub-editing and copyediting * Journalistic ethics * Court reporting * Financial and economic journalism * [[Journalism#Arts journalism|Arts journalism]] * [[Journalism#Broadcast journalism|Broadcast journalism]] - Television * [[Journalism#Business journalism|Business journalism]] * [[Journalism#Entertainment journalism|Entertainment journalism]] * [[Journalism#Fashion journalism|Fashion journalism]] * [[Journalism#International journalism|International journalism]] * [[Journalism#Investigative journalism|Investigative journalism]] * [[Journalism#Local journalism|Local journalism]] * [[Journalism#Medical journalism|Medical journalism]] * [[Journalism#Music journalism|Music journalism]] * [[Journalism#Political journalism|Political journalism]] * [[Journalism#Print journalism|Print journalism]] - Weekly magazine * [[Journalism#Sports journalism|Sports journalism]] * [[Journalism#Technology journalism|Technology journalism]] * [[Journalism#Video-game journalism|Video-game journalism]] * [[Journalism#War journalism|War journalism]] ==Active participants== * Since 6 May 2014‎ with [[Draft:Journalism|Journalism]] a keynote ToC lecture! --[[User:Marshallsumter|Marshallsumter]] ([[User talk:Marshallsumter|discuss]] • [[Special:Contributions/Marshallsumter|contribs]]) 01:53, 17 April 2018 (UTC) * [[Video journalism]] 2 May 2017‎ [[User:Leighblackall|<bdi>Leighblackall</bdi>]]. ==Things you can do!== * Clean up [[Draft:Journalism]] and move it to become a subpage of a supporting main page learning project. ==See also== ;Wikibooks : [[b:How To Run A Newspaper|How To Run A Newspaper]] - a Wikibook ;Wikinews : [[Wikinews]] was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There are regular reporters there, which are often credited for their work. Wikinews was closed in 2026. ;Other : [http://www.theopenpress.com/ The Open Press] : [http://yosemite.epa.gov/opa/admpress.nsf/RSS EPA RSS Feeds] : [http://www.pmwatch.org/pmw/contact/media.asp Media contact information] : [http://apps.gsa.gov/CommonSubscriptionService.php Sign up for electronic newsletters from the federal government] : [http://www.indymedia.org/ Indymedia] -''A place to start reporting the news yourself.'' : [http://www.newsu.org/ News University] ''Free online courses on various journalism topics'' : [http://www.journalism.co.uk Journalism UK] -''Journalism news, training, events and jobs, for journalists'' ;Style Guides : [[n:WN:SG|''Wikinews''' Style guide]] : [http://www.guardian.co.uk/styleguide/ The Guardian] (newspaper) : [http://www.economist.com/research/StyleGuide/ The Economist] (weekly) : [http://bailiwick.lib.uiowa.edu/journalism/journalists.html Other resources] (from the University of Iowa) [[Category:Journalism| ]] [[Category:Wikiversity schools]] [[pt:Portal:Jornalismo]] [[ru:Факультет журналистики]] 5ue4ymwxsztdlgxv0qyotywbnl2ggeu 2809450 2809448 2026-05-15T10:21:36Z Jtneill 10242 /* Courses */ + * [[Wikinews]] 2809450 wikitext text/x-wiki [[Image:Anders Zorn - Emma Zorn läsande.jpg|thumb|400px|Emma Zorn reading a newspaper.]] The Wikiversity School of Journalism is looking to offer study courses people can follow to learn the ethics, theories and techniques of journalism. We strongly encourage practical alignment with [[n:Wikinews|Wikinews]], such as it being a venue for assignment work. If you have knowledge or a skill that can be taught here, please start a course page and list it below. ==Courses== ;Completed * [[Journalism on Wikinews]] ;Under development * [[Wikinews]] * [[Draft:Journalism|Journalism]] * [[Video journalism]] * [[Tips for journalistic writing]] * [[New journalism]] * [[Blogging]] ;Proposed * Broadcast journalism - Radio * Sub-editing and copyediting * Journalistic ethics * Court reporting * Financial and economic journalism * History of journalism * [[Journalism#Arts journalism|Arts journalism]] * [[Journalism#Broadcast journalism|Broadcast journalism]] - Television * [[Journalism#Business journalism|Business journalism]] * [[Journalism#Entertainment journalism|Entertainment journalism]] * [[Journalism#Fashion journalism|Fashion journalism]] * [[Journalism#International journalism|International journalism]] * [[Journalism#Investigative journalism|Investigative journalism]] * [[Journalism#Local journalism|Local journalism]] * [[Journalism#Medical journalism|Medical journalism]] * [[Journalism#Music journalism|Music journalism]] * [[Journalism#Political journalism|Political journalism]] * [[Journalism#Print journalism|Print journalism]] - Weekly magazine * [[Journalism#Sports journalism|Sports journalism]] * [[Journalism#Technology journalism|Technology journalism]] * [[Journalism#Video-game journalism|Video-game journalism]] * [[Journalism#War journalism|War journalism]] ==Active participants== * Since 6 May 2014‎ with [[Draft:Journalism|Journalism]] a keynote ToC lecture! --[[User:Marshallsumter|Marshallsumter]] ([[User talk:Marshallsumter|discuss]] • [[Special:Contributions/Marshallsumter|contribs]]) 01:53, 17 April 2018 (UTC) * [[Video journalism]] 2 May 2017‎ [[User:Leighblackall|<bdi>Leighblackall</bdi>]]. ==Things you can do!== * Clean up [[Draft:Journalism]] and move it to become a subpage of a supporting main page learning project. ==See also== ;Wikibooks : [[b:How To Run A Newspaper|How To Run A Newspaper]] - a Wikibook ;Wikinews : [[Wikinews]] was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There are regular reporters there, which are often credited for their work. Wikinews was closed in 2026. ;Other : [http://www.theopenpress.com/ The Open Press] : [http://yosemite.epa.gov/opa/admpress.nsf/RSS EPA RSS Feeds] : [http://www.pmwatch.org/pmw/contact/media.asp Media contact information] : [http://apps.gsa.gov/CommonSubscriptionService.php Sign up for electronic newsletters from the federal government] : [http://www.indymedia.org/ Indymedia] -''A place to start reporting the news yourself.'' : [http://www.newsu.org/ News University] ''Free online courses on various journalism topics'' : [http://www.journalism.co.uk Journalism UK] -''Journalism news, training, events and jobs, for journalists'' ;Style Guides : [[n:WN:SG|''Wikinews''' Style guide]] : [http://www.guardian.co.uk/styleguide/ The Guardian] (newspaper) : [http://www.economist.com/research/StyleGuide/ The Economist] (weekly) : [http://bailiwick.lib.uiowa.edu/journalism/journalists.html Other resources] (from the University of Iowa) [[Category:Journalism| ]] [[Category:Wikiversity schools]] [[pt:Portal:Jornalismo]] [[ru:Факультет журналистики]] gv63uxxwfezmkpwzqbsgyf3cdc6lz6f 2809451 2809450 2026-05-15T10:22:29Z Jtneill 10242 /* See also */ Move Wikinews to [[Wikinews]] 2809451 wikitext text/x-wiki [[Image:Anders Zorn - Emma Zorn läsande.jpg|thumb|400px|Emma Zorn reading a newspaper.]] The Wikiversity School of Journalism is looking to offer study courses people can follow to learn the ethics, theories and techniques of journalism. We strongly encourage practical alignment with [[n:Wikinews|Wikinews]], such as it being a venue for assignment work. If you have knowledge or a skill that can be taught here, please start a course page and list it below. ==Courses== ;Completed * [[Journalism on Wikinews]] ;Under development * [[Wikinews]] * [[Draft:Journalism|Journalism]] * [[Video journalism]] * [[Tips for journalistic writing]] * [[New journalism]] * [[Blogging]] ;Proposed * Broadcast journalism - Radio * Sub-editing and copyediting * Journalistic ethics * Court reporting * Financial and economic journalism * History of journalism * [[Journalism#Arts journalism|Arts journalism]] * [[Journalism#Broadcast journalism|Broadcast journalism]] - Television * [[Journalism#Business journalism|Business journalism]] * [[Journalism#Entertainment journalism|Entertainment journalism]] * [[Journalism#Fashion journalism|Fashion journalism]] * [[Journalism#International journalism|International journalism]] * [[Journalism#Investigative journalism|Investigative journalism]] * [[Journalism#Local journalism|Local journalism]] * [[Journalism#Medical journalism|Medical journalism]] * [[Journalism#Music journalism|Music journalism]] * [[Journalism#Political journalism|Political journalism]] * [[Journalism#Print journalism|Print journalism]] - Weekly magazine * [[Journalism#Sports journalism|Sports journalism]] * [[Journalism#Technology journalism|Technology journalism]] * [[Journalism#Video-game journalism|Video-game journalism]] * [[Journalism#War journalism|War journalism]] ==Active participants== * Since 6 May 2014‎ with [[Draft:Journalism|Journalism]] a keynote ToC lecture! --[[User:Marshallsumter|Marshallsumter]] ([[User talk:Marshallsumter|discuss]] • [[Special:Contributions/Marshallsumter|contribs]]) 01:53, 17 April 2018 (UTC) * [[Video journalism]] 2 May 2017‎ [[User:Leighblackall|<bdi>Leighblackall</bdi>]]. ==Things you can do!== * Clean up [[Draft:Journalism]] and move it to become a subpage of a supporting main page learning project. ==See also== ;Wikibooks : [[b:How To Run A Newspaper|How To Run A Newspaper]] - a Wikibook ;Other : [http://www.theopenpress.com/ The Open Press] : [http://yosemite.epa.gov/opa/admpress.nsf/RSS EPA RSS Feeds] : [http://www.pmwatch.org/pmw/contact/media.asp Media contact information] : [http://apps.gsa.gov/CommonSubscriptionService.php Sign up for electronic newsletters from the federal government] : [http://www.indymedia.org/ Indymedia] -''A place to start reporting the news yourself.'' : [http://www.newsu.org/ News University] ''Free online courses on various journalism topics'' : [http://www.journalism.co.uk Journalism UK] -''Journalism news, training, events and jobs, for journalists'' ;Style Guides : [[n:WN:SG|''Wikinews''' Style guide]] : [http://www.guardian.co.uk/styleguide/ The Guardian] (newspaper) : [http://www.economist.com/research/StyleGuide/ The Economist] (weekly) : [http://bailiwick.lib.uiowa.edu/journalism/journalists.html Other resources] (from the University of Iowa) [[Category:Journalism| ]] [[Category:Wikiversity schools]] [[pt:Portal:Jornalismo]] [[ru:Факультет журналистики]] kceorgmtflf4i9bbzv9ntk6g3lfopwq 2809467 2809451 2026-05-15T11:02:13Z Jtneill 10242 /* Courses */ 2809467 wikitext text/x-wiki [[Image:Anders Zorn - Emma Zorn läsande.jpg|thumb|400px|Emma Zorn reading a newspaper.]] The Wikiversity School of Journalism is looking to offer study courses people can follow to learn the ethics, theories and techniques of journalism. We strongly encourage practical alignment with [[n:Wikinews|Wikinews]], such as it being a venue for assignment work. If you have knowledge or a skill that can be taught here, please start a course page and list it below. ==Courses== ;Under development * [[Wikinews]] * [[Draft:Journalism|Journalism]] * [[Video journalism]] * [[Tips for journalistic writing]] * [[New journalism]] * [[Blogging]] ;Proposed * Broadcast journalism - Radio * Sub-editing and copyediting * Journalistic ethics * Court reporting * Financial and economic journalism * History of journalism * [[Journalism#Arts journalism|Arts journalism]] * [[Journalism#Broadcast journalism|Broadcast journalism]] - Television * [[Journalism#Business journalism|Business journalism]] * [[Journalism#Entertainment journalism|Entertainment journalism]] * [[Journalism#Fashion journalism|Fashion journalism]] * [[Journalism#International journalism|International journalism]] * [[Journalism#Investigative journalism|Investigative journalism]] * [[Journalism#Local journalism|Local journalism]] * [[Journalism#Medical journalism|Medical journalism]] * [[Journalism#Music journalism|Music journalism]] * [[Journalism#Political journalism|Political journalism]] * [[Journalism#Print journalism|Print journalism]] - Weekly magazine * [[Journalism#Sports journalism|Sports journalism]] * [[Journalism#Technology journalism|Technology journalism]] * [[Journalism#Video-game journalism|Video-game journalism]] * [[Journalism#War journalism|War journalism]] ==Active participants== * Since 6 May 2014‎ with [[Draft:Journalism|Journalism]] a keynote ToC lecture! --[[User:Marshallsumter|Marshallsumter]] ([[User talk:Marshallsumter|discuss]] • [[Special:Contributions/Marshallsumter|contribs]]) 01:53, 17 April 2018 (UTC) * [[Video journalism]] 2 May 2017‎ [[User:Leighblackall|<bdi>Leighblackall</bdi>]]. ==Things you can do!== * Clean up [[Draft:Journalism]] and move it to become a subpage of a supporting main page learning project. ==See also== ;Wikibooks : [[b:How To Run A Newspaper|How To Run A Newspaper]] - a Wikibook ;Other : [http://www.theopenpress.com/ The Open Press] : [http://yosemite.epa.gov/opa/admpress.nsf/RSS EPA RSS Feeds] : [http://www.pmwatch.org/pmw/contact/media.asp Media contact information] : [http://apps.gsa.gov/CommonSubscriptionService.php Sign up for electronic newsletters from the federal government] : [http://www.indymedia.org/ Indymedia] -''A place to start reporting the news yourself.'' : [http://www.newsu.org/ News University] ''Free online courses on various journalism topics'' : [http://www.journalism.co.uk Journalism UK] -''Journalism news, training, events and jobs, for journalists'' ;Style Guides : [[n:WN:SG|''Wikinews''' Style guide]] : [http://www.guardian.co.uk/styleguide/ The Guardian] (newspaper) : [http://www.economist.com/research/StyleGuide/ The Economist] (weekly) : [http://bailiwick.lib.uiowa.edu/journalism/journalists.html Other resources] (from the University of Iowa) [[Category:Journalism| ]] [[Category:Wikiversity schools]] [[pt:Portal:Jornalismo]] [[ru:Факультет журналистики]] 6nzwkdrauc37vvrwmvtqjkmkx5r2lqi Wikiversity:Rollback 4 4399 2809326 2608761 2026-05-14T21:41:36Z Codename Noreste 2969951 Rewriting the section headers for consistency. 2809326 wikitext text/x-wiki {{Policy|WV:RBK|WV:ROLL}} '''Rollback''' is a vandalism reverting tool available to Wikiversity [[Wikiversity:Custodianship|custodians]], [[Wikiversity:Curators|curators]], and certain editors<ref name="groll">[[m:Global rollback|"Global rollback is a user group assigned by stewards to trusted users which lets them easily roll back edits that are blatantly counterproductive, like vandalism and nonsense, on all Wikimedia wikis."]]</ref> for quickly undoing edits which are blatantly unproductive such as [[Wikiversity:Vandalism|vandalism]]. The rollback tool reverts the last change or group of changes made to a page by the same user. <br /> There is no option to provide an edit summary when using rollback. Instead, "Reverted edits by [[User:Example~enwikiversity|Foo]] ([[User_talk:Example~enwikiversity|talk]]) to last version by [[User:Example~enwikiversity|Bar]] using [[Wikiversity:Rollback#top|rollback]]" is used automatically. [[Image:Rollback button.png|thumb|300px|Rollback button]] ==When to use rollback== This tool is used to respond to obvious vandalism. In the context of reverting edits, always [[Wikiversity:Assume Good Faith|assume good faith]]. "Obvious" does not mean "obvious to me". "Obvious" means that it is obvious to you, and it will most likely be obvious to everyone else. ===Other rollback-like tools=== Any other mechanism for reverting edits without providing an edit summary should be used just in case of obvious vandalism. ==When not to use rollback== ===Reverting edits that are not obvious vandalism=== For other edit reversions, a good edit summary should be provided. When a custodian or a curator reverts an edit that is not obvious vandalism, the rollback button shouldn't be used. ===New editors=== New wiki participants may make edits that are useless, wrong, bad, silly, disruptive or misguided. It is the responsibility of more experienced editors to explain why such edits are reverted. If there is any possibility that an edit was not vandalism, then do not use the rollback tool to revert it. ===Revert wars=== Never use the rollback tool during a dispute over page content. During content disputes, good edit summaries are required. Before reverting a reversion during a content dispute, solve the dispute on the discussion (talk) page. ==If your edits are rolled back== If your edit was rolled back and you don't think it should have been rolled back, or if you would like feedback about how to improve your editing, discuss your edit with the Wikiversity editor who rolled back your edit. If your edit has been rolled back by a custodian, and they have not provided a satisfactory response, you can leave feedback at [[Wikiversity:Custodian feedback]]. ==See also== *[[Wikiversity:Custodianship#Rollback|Custodianship tools]] discussion of the use of the rollback tool at the custodianship page. *[[Wikiversity:Curators#Rollback|This section]] about the rollback tool at the curators page. ==References== {{Reflist}} {{Official policies}} [[Category:Wikiversity vandalism]] sboji0pq3fcwi3qdyhrsba3mqcsib74 2809328 2809326 2026-05-14T21:42:27Z Codename Noreste 2969951 Line break. 2809328 wikitext text/x-wiki {{Policy|WV:RBK|WV:ROLL}} '''Rollback''' is a vandalism reverting tool available to Wikiversity [[Wikiversity:Custodianship|custodians]], [[Wikiversity:Curators|curators]], and certain editors<ref name="groll">[[m:Global rollback|"Global rollback is a user group assigned by stewards to trusted users which lets them easily roll back edits that are blatantly counterproductive, like vandalism and nonsense, on all Wikimedia wikis."]]</ref> for quickly undoing edits which are blatantly unproductive such as [[Wikiversity:Vandalism|vandalism]]. The rollback tool reverts the last change or group of changes made to a page by the same user. There is no option to provide an edit summary when using rollback. Instead, "Reverted edits by [[User:Example~enwikiversity|Foo]] ([[User_talk:Example~enwikiversity|talk]]) to last version by [[User:Example~enwikiversity|Bar]] using [[Wikiversity:Rollback#top|rollback]]" is used automatically. [[Image:Rollback button.png|thumb|300px|Rollback button]] ==When to use rollback== This tool is used to respond to obvious vandalism. In the context of reverting edits, always [[Wikiversity:Assume Good Faith|assume good faith]]. "Obvious" does not mean "obvious to me". "Obvious" means that it is obvious to you, and it will most likely be obvious to everyone else. ===Other rollback-like tools=== Any other mechanism for reverting edits without providing an edit summary should be used just in case of obvious vandalism. ==When not to use rollback== ===Reverting edits that are not obvious vandalism=== For other edit reversions, a good edit summary should be provided. When a custodian or a curator reverts an edit that is not obvious vandalism, the rollback button shouldn't be used. ===New editors=== New wiki participants may make edits that are useless, wrong, bad, silly, disruptive or misguided. It is the responsibility of more experienced editors to explain why such edits are reverted. If there is any possibility that an edit was not vandalism, then do not use the rollback tool to revert it. ===Revert wars=== Never use the rollback tool during a dispute over page content. During content disputes, good edit summaries are required. Before reverting a reversion during a content dispute, solve the dispute on the discussion (talk) page. ==If your edits are rolled back== If your edit was rolled back and you don't think it should have been rolled back, or if you would like feedback about how to improve your editing, discuss your edit with the Wikiversity editor who rolled back your edit. If your edit has been rolled back by a custodian, and they have not provided a satisfactory response, you can leave feedback at [[Wikiversity:Custodian feedback]]. ==See also== *[[Wikiversity:Custodianship#Rollback|Custodianship tools]] discussion of the use of the rollback tool at the custodianship page. *[[Wikiversity:Curators#Rollback|This section]] about the rollback tool at the curators page. ==References== {{Reflist}} {{Official policies}} [[Category:Wikiversity vandalism]] dvrz2j6nhcd4bmw0ihle7jmq6owet5d Template:Wikiversitysister-list 10 5416 2809407 2765640 2026-05-15T01:34:18Z Jtneill 10242 Comment out Wikinews because it has closed 2809407 wikitext text/x-wiki {| style="background-color:transparent;color:inherit;" |- |colspan="2" | <small>The links below lead to the main ''community pages'' of the projects.<br />All of these projects are [[w:Multilingual coordination|multilingual]] and [[w:Copyrights|open-content]].</small> |- valign="top" |align="right"| [[m:Goings-on|'''Meta-Wiki''']]&nbsp;&ndash; | Coordination of all Wikimedia projects. |- valign="top" |align="right"| [[W:Wikipedia:Community Portal|Wikipedia]]&nbsp;&ndash; | The free encyclopedia. |- valign="top" |align="right"| [[wikt:Wiktionary:Community Portal|Wiktionary]]&nbsp;&ndash; | A collaborative multilingual dictionary.<!-- |- valign="top" |align="right"| [[n:Wikinews:Workspace|Wikinews]]&nbsp;&ndash; | News stories written by readers. --> |- valign="top" |align="right"| [[b:Wikibooks:Community Portal|Wikibooks]]&nbsp;&ndash; | A collection of collaborative textbooks. |- valign="top" |align="right"| [[q:Wikiquote:Community Portal|Wikiquote]]&nbsp;&ndash; | A compendium of referenced quotations. |- valign="top" |align="right"| [[s:Wikisource:Community Portal|Wikisource]]&nbsp;&ndash; | A repository for free source texts. |- valign="top" |align="right"| [[wikispecies:Wikispecies:Community Portal|Wikispecies]]&nbsp;&ndash; | A directory of species. |- valign="top" |align="right"| [[commons:Commons:Community Portal|Commons]]&nbsp;&ndash; | Repository for free images and other media files. |} dtu8gyu6e4obojtjmglrom5fhwpq95n Wikiversity:Bureaucratship 4 10320 2809324 2808965 2026-05-14T21:38:41Z Codename Noreste 2969951 /* How are bureaucrats removed? */ To maintain consistency with [[Wikiversity:Custodianship]]. (using [[wikt:MediaWiki:Gadget-AjaxEdit.js|AjaxEdit]]) 2809324 wikitext text/x-wiki {{proposal|WV:B|WV:BUR|WV:CRAT|WV:BCRAT}} [[File:Wikiversity Bureaucrat.svg|right|130px|link=]] '''Bureaucrats''' are part of [[Wikiversity]]'s [[Wikiversity:Support staff|support staff]]. They can promote users to [[Wikiversity:Custodianship|custodian]] or bureaucrat status, and grant or revoke [[Wikiversity:Curatorship|curator]], [[Wikiversity:Bots|bot]], and [[Wikiversity:Interface administrators|interface administrator]] permissions. == A bureaucrat's role == First and foremost, bureaucrats must be well-trusted members of the community. They must have a deep understanding of [[Wikiversity:Mission|Wikiversity's mission]] and processes, and must be excellent judges of [[Wikiversity:Consensus|consensus]]. They must demonstrate through their extensive contributions to Wikiversity that they are not rash in decision-making, nor uncivil to others, even those whom they are in disagreement with. They must also have the ability and willingness to thoroughly explain decisions that they make, as well as to admit fault, where appropriate. Bureaucrats ''do not'' have the right to use their status to appropriate any undue influence in community discussions - their participation in such activities is on a par with any other community member, insofar as is possible. Whatever influence they may have should be akin to that of any other community member, according to the weight of their opinions or their previous participation in the project. Bureaucrats are expected to follow the same policies as [[Wikiversity:Curatorship|curators]] and [[Wikiversity:Custodianship|custodians]]. == A bureaucrat's duties == Bureaucrats can add users to the [[Wikiversity:Curatorship|curator]], [[Wikiversity:Custodianship|custodian]], bureaucrat, [[Wikiversity:Bots|bot]], and/or [[Wikiversity:Interface administrators|interface administrator]] groups (via [[Special:UserRights]] - [[Special:Log/rights]]). Bureaucrats act as the final interpreter of consensus and are charged with the responsibility of declaring at an appropriate time, whether a custodian, bureaucrat, bot, or interface administrator candidate is granted a user group change or otherwise. Bureaucrats should respect the Wikiversity community's decision on these particular matters. This management process is intended to streamline processing of requests for user group changes, and to minimize ambiguity introduced to the process when non-bureaucrats intervene. However, note that custodians can determine consensus and add user group permissions for curator requests. Bureaucrats should be careful about making mistakes in adding user rights because only curator, bot, and interface administrator groups can be removed by bureaucrats. To remove custodian or bureaucrat rights requires a [[m:Stewards|steward]] to do so. == How can I question a bureaucrat's decision? == You can ask on a bureaucrat's [[Help:User talk page|user talk page]], request [[Wikiversity:Custodian feedback|feedback]] from other custodians and bureaucrats, or start a [[Wikiversity:Community Review|community review]]. The order is important, it reflects the order in which you should attempt to resolve a problem. == How are bureaucrats created? == Bureaucrats can be nominated at [[Wikiversity:Candidates for Bureaucratship]]. However, no mentor is required. Nominations should be [[Wikiversity:Announcements|announced]] ([[MediaWiki:Sitenotice|site wide]]), and kept open for a period of '''at least two weeks''' before being acted upon. There needs to be '''a very strong majority''' of users in support of the decision to add or remove a candidate from the ''bureaucrat'' group. == How are bureaucrats removed? == There are three ways: # A bureaucrat can request removal of their tools from [[m:Steward requests/Permissions|stewards]]. # Requests for bureaucrat removal by others (unless it's an emergency) should first go through the process of talk page discussion, [[Wikiversity:Custodian feedback|custodian feedback request]], and [[Wikiversity:Community Review|community review]]. The final act would be a [[m:Steward requests/Permissions|request to stewards]] to remove the ''bureaucrat'' group from a user. # The maximum time period of inactivity <u>without community review</u> for holders of advanced administrative rights is two years per the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]]. After that time, a [[meta:Steward requests/Permissions|steward will be asked to remove the rights]]. ==See also== ;Wikiversity * [[Wikiversity:CheckUser policy]] * [[Wikiversity:Curatorship]] * [[Wikiversity:Custodianship]] * [[Special:ListUsers/bureaucrat|List of current Wikiversity bureaucrats]] * [[Wikiversity:Colloquium/archives/December 2006#Bureaucrats]] ;Sister wikis * [[w:Wikipedia:Bureaucrats|Wikipedia:Bureaucrats]] * [[meta:Bureaucrat|Meta:Bureaucrat]] * [[b:Wikibooks:Administrators|Wikibooks:Administrators]] * [[wikinews:Wikinews:Administrators|Wikinews:Administrators]] {{Official policies}} {{Proposed policies}} [[Category:Wikiversity bureaucratship| ]] [[de:Wikiversity:Pedelle#Bürokraten]] qd2uh5ergzh9qos65ogwltgvuvsrdg1 Wikimedia 0 14928 2809406 2709485 2026-05-15T01:33:14Z Jtneill 10242 2809406 wikitext text/x-wiki {{main|:meta:Wikimedia}} [[Wikimedia]] is a shorthand term for the '''[[meta:Wikimedia Foundation|Wikimedia Foundation]]''', an aggregation of sisterprojects comprising what can be called a [[Metacommunity]]: {{Wikiversitysister-list}} The '''Wikimedia Foundation, Inc.''' is the parent organization of the '''[[Wikipedia]], [[Wiktionary]], [[Wikiquote]], [[Wikibooks]]''' (including [[w:Wikijunior|Wikijunior]]), '''[[Wikisource]], [[Wikimedia Commons]], [[Wikispecies]], [[Wikinews]], [[Wikiversity]]''', and '''[[Meta-Wiki|Meta]]''' collaborative projects. It is a '''[[Wikiversity NPC|not-for-profit corporation]]''' based in [[w:San Francisco|San Francisco]], '''[[USA]]''', and organized under the laws of the state of [[w:California|California]]. Its existence was officially announced by [[w:Jimmy Wales|Jimmy Wales]], who was hitherto running Wikipedia within his company [[w:Bomis|Bomis]], on [[w:June 20|June 20]], [[w:2003|2003]]. Its approval by the U.S. [[w:Internal Revenue Service|Internal Revenue Service]], by letter in April 2005, as an educational foundation in the category "Adult, Continuing Education" means all contributions to the Wikimedia Foundation are [[w:Tax deduction|tax deductible]] for U.S. federal income tax purposes. ''see [[w:Wikimedia Foundation]] for more information'' <small>NOTE: links in '''bold text''' are to local Wikiversity pages</small> ==Wikiversity and Wikimedia== {{Wvdev}} Wikiversity has a definite '''role''' within the Wikimedia [[Metacommunity]]. This learning project focuses on how to define and extend that role within a universal or university context, applying the traditional paradigm of how universities collect learning resourses and apply them to real-world needs. Because [[Wikipedia]] focuses on the encyclopedic context, it must maintain a neutral point of view, prohibit and discourage [[Wikiversity:original research|original research]], prohibit and discourage [[w:Wikipedia:Avoid self-references|self references]] and other aspects of creating content that '''[[UML/Glossary|constrain]]''' it to the encyclopedic realm. Wikiversity, conversely, can enter these prohibitive spaces from the universal or university context. Let's give it a whirl... ===Lab: Establishing Wikiversity's role and context=== [[Wikiversity]] has a '''[[UML/Glossary|role]]''' to perform within the [[Wikimedia]] context and within a much larger '''[[Internet]]''' context. This [[learning project]] lab will focus on creating a [[UML|relationship diagram]] that shows what Wikimedia looks like. We begin by working with [[Wikiversity:templates|templates]], starting with {{tl|Wikiversitysister-list}} and {{tl|WikiversityUsers}}. '''Challenge:''' Create local articles for each of the '''Wikimedia collaborative projects:''' *[[Wikipedia]] *[[Wiktionary]] *[[Wikiquote]] *[[Wikibooks]] (including [[w:Wikijunior|Wikijunior]]) *[[Wikisource]] *[[Wikimedia Commons]] *[[Wikispecies]] *[[Wikinews]] *[[Wikiversity]] *[[Meta-Wiki]] Include in these articles an opening statement based on the Wikipedia article of the same name. Include also a section '''Wikiversity and ...''' like this one. '''Discussion:''' Get in touch with folks like Jimbo, Angela, and other Wikimedia heavyweights. Let them know that we are interested in studying Wikimedia from the university perspective. Contact mediawiki developers, stewards, admins and other folks that help form policies and guidelines for Wikimedia collaborative efforts. ===Lab: Strengthening Wikiversity=== The [[Learning to learn a wiki way]] article focuses on a "learn-by-doing" model. This model defines Wikiversity as a [[w:learning community|learning community]]. We can develop visualization tools through [[Wikiversity:templates|templates]], [[UML|diagrams]], [[Portal:Portals|Portals]], [[Help:Link|navigational aids]], [[learning object]]s and a number of other instruments. Example: {{tl|daughters}} {{daughters}} '''Challenge:''' Create a lab series based on this one for each sister project linking to appropriate [[Wikiversity:Schools|Schools]], [[Portal:Portals|Portals]] and other local learning resources and groups: *[[Wikipedia#Wikiversity and Wikipedia|Wikiversity and Wikipedia]] *[[Wiktionary#Wikiversity and Wiktionary|Wikiversity and Wiktionary]] *[[Wikiquote#Wikiversity and Wikiquote|Wikiversity and Wikiquote]] *[[Wikibooks#Wikiversity and Wikibooks|Wikiversity and Wikibooks]] *[[Wikisource#Wikiversity and Wikisource|Wikiversity and Wikisource]] *[[Wikimedia Commons#Wikiversity and the Wikimedia Commons|Wikiversity and the Wikimedia Commons]] *[[Wikispecies#Wikiversity and Wikispecies|Wikiversity and Wikispecies]] *[[Wikinews#Wikiversity and Wikinews|Wikiversity and Wikinews]] *[[Meta-Wiki#Wikiversity and Meta-Wiki|Wikiversity and Meta-Wiki]] Edit the [[Wikiversity]] article to include links to the new local articles. Update {{tl|Wikiversitysister-list}} and {{tl|WikiversityUsers}} to link to them. The idea is to establish within Wikiversity a means to strengthen its effectiveness as an online university and Wikimedia's role as a [[w:Virtual community of practice|Virtual community of practice]]. ''See also '''[[Metacommunity]]''''' '''Discussion:''' Get in touch with the folks that help form policies and guidelines for each of the sisterprojects. Participate in our own '''[[Wikiversity:Colloquium#Wikimedia|colloquium]]''' to make other Wikiversitans aware of '''this''' learning project. Use the [[Talk:Wikimedia|talk page]] to present problems and ideas concerning [[Wikiversity]]'s relationship to its parent organization, [[Wikimedia]]. '''Examples:''' *One important discussion is taking place at [[Talk:Wikibooks]] about [[Wikiversity and Wikibooks services]] that help determine how the two projects can interface with each other more effectively. *Another exemplary development is the relationship between [[School:Journalism|School of Journalism]] with [[Wikinews]]. *Another open project called [[strategy:Main Page|strategy]] has been put in place by the [[m:Mediawiki Foundation|Mediawiki Foundation]] for coming up with long-term strategic planning for all of the Wikimedia projects and languages. See ''[[Wikiversity:Strategy]]'' and ''[[Strategy:Wikiversity]]'' * ''add others here!'' ==See also== *[[Wikiversity:Sister projects]] *[[Wikimedia fund raising]] *[[Wikiversity:Service community]] - services that Wikiversity can provide to the larger Wikimedia community ==External links== *[http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/24/MNIJ12ETP4.DTL&type=printable Wikimedia pegs future on education, not profit] (San Francisco Chronicle, 24 August, 2008) [[Category:Wikimedia| ]] [[Category:Bomis]] 20oil85lhu543dcj7srl2qkqojdpazb Wikinews 0 15155 2809138 2809133 2026-05-14T12:02:53Z Jtneill 10242 /* See also */ [[n:Public consultation about Wikinews|Public consultation about Wikinews]] 2809138 wikitext text/x-wiki [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki and a project of the [[Wikimedia Foundation]] that was made read-only in 2026. Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. There is a current proposal under consideration to continue journalism activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] [[Category:Wikinews| ]] rnrxxhoya30y4znjya0u0zar2udn408 2809139 2809138 2026-05-14T12:03:11Z Jtneill 10242 /* See also */ 2809139 wikitext text/x-wiki [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki and a project of the [[Wikimedia Foundation]] that was made read-only in 2026. Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. There is a current proposal under consideration to continue journalism activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] [[Category:Wikinews| ]] m19yujz1qxkow684snvobbjb91d60j7 2809140 2809139 2026-05-14T12:05:28Z Jtneill 10242 /* Content that needs review */ * [[Manchester City moves two points behind Arsenal]] 2809140 wikitext text/x-wiki [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki and a project of the [[Wikimedia Foundation]] that was made read-only in 2026. Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. There is a current proposal under consideration to continue journalism activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] [[Category:Wikinews| ]] ervxvgtcbn50e5duwus4c89b1gvrluh 2809319 2809140 2026-05-14T21:34:31Z Jtneill 10242 /* Content that needs review */ Update link (page moved again) 2809319 wikitext text/x-wiki [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki and a project of the [[Wikimedia Foundation]] that was made read-only in 2026. Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. There is a current proposal under consideration to continue journalism activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] [[Category:Wikinews| ]] rw8v49ylb32e0cq55yqmw92cgg6vuqi 2809323 2809319 2026-05-14T21:37:32Z Jtneill 10242 2809323 wikitext text/x-wiki [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] that was made read-only in 2026. Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. There is a current proposal under consideration to continue journalism activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] [[Category:Wikinews| ]] 4zimijkou18462hfjqbh9f740ktny11 2809334 2809323 2026-05-14T21:52:16Z Jtneill 10242 /* See also */ + [[w:Portal:Current events|Portal:Current events]] 2809334 wikitext text/x-wiki [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] that was made read-only in 2026. Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. There is a current proposal under consideration to continue journalism activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] [[Category:Wikinews| ]] sho9q85peu9gbxlw0c8kwqt7phwhzjx 2809340 2809334 2026-05-14T22:00:23Z Jtneill 10242 /* */ + headings 2809340 wikitext text/x-wiki ==Background== [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] (2005-2026). Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. ==Proposal to host Wikinews on Wikiversity== There is a current proposal under consideration to continue citizen journalism learning activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] [[Category:Wikinews| ]] hszm9kd8rz2vo9so0099xcx47fnacrw 2809452 2809340 2026-05-15T10:24:13Z Jtneill 10242 /* Background */ Add content moved from [[School:Journalism]] with light copyediting 2809452 wikitext text/x-wiki ==Background== [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] (2005-2026). Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where citizen journalists can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. Wikinews was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There were regular reporters there, who were often credited for their work. ==Proposal to host Wikinews on Wikiversity== There is a current proposal under consideration to continue citizen journalism learning activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] [[Category:Wikinews| ]] gpjzxi0sb2i8ll4gajq514r8mvnbghd 2809453 2809452 2026-05-15T10:25:45Z Jtneill 10242 Create red link [[citizen journalism|citizen journalists]] 2809453 wikitext text/x-wiki ==Background== [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] (2005-2026). Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where [[citizen journalism|citizen journalists]] can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. Wikinews was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There were regular reporters there, who were often credited for their work. ==Proposal to host Wikinews on Wikiversity== There is a current proposal under consideration to continue citizen journalism learning activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] [[Category:Wikinews| ]] h7c0tbqrzxwtkt95hxbz4b4t3ajud1d 2809455 2809453 2026-05-15T10:28:19Z Jtneill 10242 /* See also */ *[[n:Wikinews:Aims of Wikinews|Aims of Wikinews]] 2809455 wikitext text/x-wiki ==Background== [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] (2005-2026). Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where [[citizen journalism|citizen journalists]] can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. Wikinews was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There were regular reporters there, who were often credited for their work. ==Proposal to host Wikinews on Wikiversity== There is a current proposal under consideration to continue citizen journalism learning activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== *[[n:Wikinews:Aims of Wikinews|Aims of Wikinews]] *[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) *[[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) *[[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) *[[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] [[Category:Wikinews| ]] habk43mzx71hiif97ti39zg30u4dzz0 2809466 2809455 2026-05-15T10:59:31Z Jtneill 10242 Merge content from [[Journalism on Wikinews]] 2809466 wikitext text/x-wiki ==Background== [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] (2005-2026). Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where [[citizen journalism|citizen journalists]] can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. Wikinews was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There were regular reporters there, who were often credited for their work. [[w:User:Eloquence|Erik Möller]], the deputy CEO of the Foundation (2010), is generally credited with being instrumental in getting the project off the ground. With a focus on news, the project was frequently overshadowed by current events on Wikipedia - which, naturally, attracted a far larger contributor base. There were stark differences between "The Free Encyclopedia you can Write", and "The Free News Source you can Write". Encyclopedic articles are continually developing, whereas news articles are a snapshot of what is known at a point in time. Through negotiation with Google News, project bureaucrat [[n:Brian McNeil|Brian McNeil]] successfully arranged listing of the English-language ''Wikinews'' project in Google's index-cum-aggregator; adopting the Wikimedia extension for Flagged Revisions, and technically implementing a formal peer review process which paralleled that of traditional journalism to meet Google's requirements and address a perennial contributor gripe. This, by-and-large, made Wikinews a unique publisher of [[Citizen journalism]]. == Discussion questions == * What societal benefits can citizen journalism provide? ==Proposal to host Wikinews on Wikiversity== There is a current proposal under consideration to continue citizen journalism learning activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== * [[n:Main page|''Wikinews'']], a now-closed sister project of Wikiversity ** [[n:Wikinews:Aims of Wikinews|Aims of Wikinews]] ** [[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) ** [[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) * [https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) * [[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] * Wikiversity ** [[School:Journalism|Journalism]] * [[New journalism]] * [[Blogging]] [[Category:Wikinews| ]] 5z5lkqqiuszvqhhlvpnsozf4d45o2ya 2809469 2809466 2026-05-15T11:05:01Z Jtneill 10242 /* See also */ 2809469 wikitext text/x-wiki ==Background== [[File:Wikinews-logo.svg|200px|right]] [[n:|Wikinews]] was a free-content news source wiki project of the [[Wikimedia Foundation]] (2005-2026). Wikinews allowed anyone to report news on a wide variety of subjects. Its mission, as stated on the main page of the English version, was to ''"create a diverse environment where [[citizen journalism|citizen journalists]] can independently report the news on a wide variety of current events"''. Wikinews was closed to editing and new content on 4 May 2026 because the project "wasn’t able to fulfil its promise, and many of its functions were eclipsed by the notable news coverage in Wikipedias".[https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews] The foundation stated in its closure recommendation that it is "difficult to claim that it is disseminating educational content and, even more so, that it is doing so effectively and globally." [[meta:Wikimedia_Foundation_Community_Affairs_Committee/Sister_Projects_Task_Force/Results_of_the_consultation_about_Wikispore_and_Wikinews#Discussion|Specific criticisms]] included that Wikinews lacked a clear focus or consistent purposes (neither serving as an encyclopedic news summary nor excellent at original reporting) and that it was the least active sister project, with diminishing engagement. There was mixed opinion about the suitability of curating news in a wiki format. Wikinews remains publicly accessible for reading, reference, and dump downloading. There were 31 editions (different languages) of Wikinews. Some Wikinews language projects have been merged into Wikipedias. There were also proposals for different forms of WMF-based news such as [[meta:Wikinews Pulse|Wikinews Pulse]], based on Wikidata. Wikinews was a great place to hone your journalistic skills in a live public, neutral environment. Unlike many citizen journalism sites, Wikinews is written in the Neutral Point of View (NPOV), which means reporters there often strive for '''professionalism in reporting, with consideration for truth, fairness, balance, decency and ethics'''. There were regular reporters there, who were often credited for their work. [[w:User:Eloquence|Erik Möller]], the deputy CEO of the Foundation (2010), is generally credited with being instrumental in getting the project off the ground. With a focus on news, the project was frequently overshadowed by current events on Wikipedia - which, naturally, attracted a far larger contributor base. There were stark differences between "The Free Encyclopedia you can Write", and "The Free News Source you can Write". Encyclopedic articles are continually developing, whereas news articles are a snapshot of what is known at a point in time. Through negotiation with Google News, project bureaucrat [[n:Brian McNeil|Brian McNeil]] successfully arranged listing of the English-language ''Wikinews'' project in Google's index-cum-aggregator; adopting the Wikimedia extension for Flagged Revisions, and technically implementing a formal peer review process which paralleled that of traditional journalism to meet Google's requirements and address a perennial contributor gripe. This, by-and-large, made Wikinews a unique publisher of [[Citizen journalism]]. == Discussion questions == * What societal benefits can citizen journalism provide? ==Proposal to host Wikinews on Wikiversity== There is a current proposal under consideration to continue citizen journalism learning activities on Wikiversity [[Wikiversity:Colloquium#Proposal to rehost Wikinews here]]. == Content that needs review == * [[Wikinews/How to write a Wikinews article]] * [[Story/Manchester City moves two points behind Arsenal]] ==See also== * [[n:Main page|Wikinews]], a now-closed sister project of Wikiversity ** [[n:Wikinews:Aims of Wikinews|Aims of Wikinews]] ** [[n:Public consultation about Wikinews|Public consultation about Wikinews]] (Wikinews) ** [[n:Wikimedia Foundation closes Wikinews after 21 years|Wikimedia Foundation closes Wikinews after 21 years]] (Wikinews) * [https://meta.wikimedia.org/w/index.php?oldid=30328679#Board_of_Trustees_Approves_Closure_of_Wikinews Board of Trustees Approves Closure of Wikinews] (Meta-Wiki) * [[School:Journalism|School of Journalism]] * Wikipedia ** [[w:Portal:Current events|Portal:Current events]] * Wikiversity ** [[School:Journalism|Journalism]] * [[New journalism]] * [[Blogging]] [[Category:Wikinews| ]] ehj7w3mdwo5wjl995yytml7yd35a4ll Portal:Learning Projects/Related portals 102 24386 2809389 1641720 2026-05-15T00:33:24Z Jtneill 10242 Remove red link 2809389 wikitext text/x-wiki Browse learning projects in these portals: * [[Portal:Reading groups|Reading groups]] * [[Portal:Humanities|Humanities]] * [[Portal:Physical Sciences|Physical Sciences]] * [[Portal:Life Sciences|Life Sciences]] * [[Portal:Practical Arts and Sciences|Practical Arts and Sciences]] * [[Portal:Mathematics|Mathematics]] * [[Portal:Engineering and Technology|Engineering and Technology]] * [[Portal:Interdisciplinary Studies|Interdisciplinary Studies]] * [[Portal:Social Sciences|Social Sciences]] * [[Portal:Education|Education]] * [[Portal:Theological Studies and Culture|Theological Studies and Culture]] * [[Portal:Media|Media]] * [[Portal:Professions|Professions]] * [[:Category:Portal|Other portals]] 9h1y4i76rb51u6zbzy3yrsnn7xf7ni9 Template:Editing help 10 35928 2809383 2744607 2026-05-15T00:04:32Z Codename Noreste 2969951 To match [[Template:Wikiversity organization]]. 2809383 wikitext text/x-wiki {| style="float:right; clear:right;" | {{Robelbox|theme=10|title=[[Wikiversity:FAQ/Editing|Editing help]]|width=185px|icon=Wikiversity logo 2017.svg|iconwidth=28px}}<div style="{{Robelbox/pad}}"> *[[Wikiversity:Introduction|Intro to Wikiversity]] *[[Help:How to edit a page|How to edit]] *[[Wikiversity:FAQ/Editing/Editing toolbar|Editing toolbar]] *[[Wikiversity:FAQ/Editing/Edit summary|Edit summary]] *[[Help:Media|Embed media files]] *[[commons:Special:UploadWizard|Upload images]] *[[Wikiversity:FAQ/Editing/Editing tips and tricks|Tips and tricks]] *[[Wikiversity:FAQ/Editing/FAQ|Editing FAQ]] *[[w:Help:Cheatsheet|Cheatsheet]] <!-- *[[Introduction to Wikiversity]] *[[Wikiversity:Sandbox|Sandbox]] --> <p align=center style="font-size:80%"></p> </div> {{Robelbox/close}} |}<noinclude> [[Category:Help]] </noinclude> qss42r6j848lec17td9fwijjlniw2mn National Headliner's Award 0 57976 2809464 2605487 2026-05-15T10:49:42Z Jtneill 10242 2809464 wikitext text/x-wiki {{non-formal}} The Editing National Headliner's Award is one of the most important awards that journalists can aim for. These brave journalists risk their lives to bring stories that otherwise would never be heard, unto the ears of the masses. The decision is made each year to choose the bravest. Some years, particular ones during war time, the board has difficulties in the choice of the awarded candidate. Will he or she have survived the last inquirie/mission he or she was working on. We are all looking forward to discover this year winner. [[Category:Journalism stubs]] chb80xi18h42j0jem7tt0kayr7jmpaj Wikiversity:Notices for custodians/Archive 4 83480 2809264 2809002 2026-05-14T17:15:36Z Codename Noreste 2969951 + 2809264 wikitext text/x-wiki <noinclude>Archives for [[Wikiversity:Notices for custodians]].</noinclude> * [[/1]] (2006-2008) * [[/2]] (2009) * [[/3]] (2009-2012) * [[/4]] (2013-2015) * [[/5]] (2016-2018) * [[/6]] (2019-2020) * [[/7]] (2021-2023) * [[/8]] (2024-) fo8znbyfwtn1hwljeckv00ieq0yi11h 2809268 2809264 2026-05-14T17:18:37Z Codename Noreste 2969951 Fix. 2809268 wikitext text/x-wiki <noinclude>Archives for [[Wikiversity:Notices for custodians]].</noinclude> * [[Wikiversity:Notices for custodians/Archive/1|1]] (2006-2008) * [[Wikiversity:Notices for custodians/Archive/2|2]] (2009) * [[Wikiversity:Notices for custodians/Archive/3|3]] (2009-2012) * [[Wikiversity:Notices for custodians/Archive/4|4]] (2013-2015) * [[Wikiversity:Notices for custodians/Archive/5|5]] (2016-2018) * [[Wikiversity:Notices for custodians/Archive/6|6]] (2019-2020) * [[Wikiversity:Notices for custodians/Archive/7|7]] (2021-2023) * [[Wikiversity:Notices for custodians/Archive/8|8]] (2024-) om6cr83kw8gk64zjsc5homejc05j9nb Category:Motivation and emotion 14 87004 2809390 1924244 2026-05-15T00:35:22Z Jtneill 10242 + [[Category:Learning projects]] 2809390 wikitext text/x-wiki {{commonscat}} {{main|{{PAGENAME}}}} ([[Special:PrefixIndex/{{PAGENAME}}/|subpages]]) [[Category:Emotion]] [[Category:Motivation]] [[Category:Learning projects]] [[Category:Resources by project]] [[Category:Social Science courses]] [[Category:University of Canberra/Units]] lq1aj2ypz8jo1tnpo04w8vnwgdqk4r8 Template:Editprotected 10 93785 2809365 1418656 2026-05-14T23:34:06Z Codename Noreste 2969951 Redirected page to [[Template:Edit protected]] 2809365 wikitext text/x-wiki #REDIRECT[[Template:Edit protected]] lne3lxaf8stl2i1q2k1ctlmg36d8y1w Template:Edit protected/doc 10 93786 2809366 2133954 2026-05-14T23:34:48Z Codename Noreste 2969951 Codename Noreste moved page [[Template:Editprotected/doc]] to [[Template:Edit protected/doc]] 2133954 wikitext text/x-wiki {{Documentation subpage}} <!-- PLEASE ADD CATEGORIES AND INTERWIKIS AT THE BOTTOM OF THIS PAGE --> === Description === This template is placed on a talk page to request an edit of the corresponding [[Wikiversity:Page protection|fully protected]] page. 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New media involves blogging, podcasting, webcasting, and Twittering. It improves upon what journalism is a about: news. By breaking a story at almost the instant it happens, and spreading it around the net, the news travels fast. The biggest factor in new journalism is that the professional journalist now must compete with the general populace when it comes to reporting. With the aid of blogs and smart phones, any amateur can become a field reporter. Many news agencies, such as CNN, have specialized iReport sites that allow the people to input their field work to gain better coverage of the news. == Common types of New Journalism == # [[Blogging]] # Crowdsourcing # [[Citizen journalism]] == See also == * [[School:Journalism]] * [[Wikinews]] [[Category:Journalism]] gzoflo7osw66w4ewi9ch2ha0gexli8d Shear Force and Bending Moment Diagrams 0 99125 2809423 2808276 2026-05-15T03:27:27Z ~2026-28504-75 3071838 /* External Links */ 2809423 wikitext text/x-wiki This article is part of the [[solid mechanics]] course, aimed at engineering students. Please leave feedback in the discussion section above. == What is shear force? == Below a force of 10N is exerted at point A on a beam. This is an external force. However because the beam is a rigid structure, the force will be internally transferred all along the beam. This internal force is known as shear force. The shear force between point A and B is usually plotted on a shear force diagram. As the shear force is 10N all along the beam, the plot is just a straight line, in this example. [[File:Shear2.PNG]] The idea of shear force might seem odd, maybe this example will help clarify. Imagine pushing an object along a kitchen table, with a 10N force. Even though you're applying the force only at one point on the object, it's not just that point of the object that moves forward. The whole object moves forward, which tells you that the force must have transferred all along the object, such that every atom of the object is experiencing this 10N force. Please note that this is not the full explanation of what shear force actually is. ==Basic shear diagram== What if there is more than one force, as shown in the diagram below, what would the shear force diagram look like then? [[File:Shear5.PNG]] The way you go about this is by figuring out the shear force at points A,B,C,E (as there is an external force acting at these points). The way you work out the shear force at any point, is by covering (either with your hand or a piece of paper), everything to right of that point, and simply adding up the external forces. Then plot the point on the shear force diagram. For illustration purposes, this is done for point D: [[File:Shear6.PNG]] Shear force at D = 10N - 20N + 40N = 30Newtons [[File:Shear7.PNG]] Now, let's do this for point B. BUT - slight complication - there's a force acting at point B, are you going to include it? The answer is both yes and no. You need to take 2 measurements. Firstly put your piece of paper, so it's JUST before point B: [[File:Shear8.PNG]] Shear force at B = 10N [[File:Shear9.PNG]] Now place your paper JUST after point B: [[File:Shear10.PNG]] Shear force at B = 10N - 20N = -10N [[File:Shear11.PNG]] (B' is vertically below B) Now, do point A, D and E, and finally join the points. your diagram should look like the one below. If you don't understand why, leave a message on the discussion section of this page (its at the top), I will elaborate on the explanation: [[File:Shear12.PNG]] Notice how nothing exciting happens at point D, which is why you wouldn't normally analyse the shear force at that point. For clarity, when doing these diagrams it is recommended you move you paper from left to right, and hence analyse points A,B, C, and E, in that order. You can also do this procedure covering the left side instead of the right, your diagram will be "upside down" though. Both diagrams are correct. ==Basic bending moment diagram== Bending moment refers to the internal moment that causes something to bend. When you bend a ruler, even though apply the forces/moments at the ends of the ruler, bending occurs all along the ruler, which indicates that there is a bending moment acting all along the ruler. Hence bending moment is shown on a bending moment diagram. The same case from before will be used here: [[File:Shear5.PNG]] To work out the bending moment at any point, cover (with a piece of paper) everything to the right of that point, and take moments about that point. (I will take clockwise moments to be positive). To illustrate, I shall work out the bending moment at point C: [[File:Shear13.PNG]] Bending moment at C = 10Nx3m - 20Nx2m = -10Nm (Please note that the two diagrams below should show units in "Nm", not in "N" as it is currently showing) [[File:Shear14.PNG]] Notice that there's no need to work out the bending moment "just before and just after" point C, (as in the case for the shear force diagram). This is because the 40N force at point C exerts no moment about point C, either way. Repeating the procedure for points A,B and E, and joining all the points: [[File:Shear15.PNG]] Normally you would expect the diagram to start and end at zero, in this case it doesn't. This is my fault, and it happened because I accidentally chose my forces such that there is a moment disequilibrium. i.e. take moments about any point (without covering the right of the point), and you'll notice that the moments aren't balanced, as they should be. It also means that if you're covering the left side as opposed to the right, you will get a completely different diagram. Sorry about this... Upon inspection, the forces are unbalanced, so it is immediately expected that the diagram will most likely not be balanced. ==Point moments== Point moments are something that you may not have come across before. Below, a point moment of 20Nm is exerted at point C. Work out the reaction of A and D: [[File:Shear16.PNG]] Force equilibrium: R<sub>1</sub> + R<sub>2</sub> = 40 Taking moments about A (clockwise is positive): 40·2 - 20 - 6·R<sub>2</sub> = 0 R<sub>1</sub> = 30N , R<sub>2</sub> = 10N If instead you were to take moments about D you would get: - 20 - 40·4 + 6·R<sub>1</sub> = 0 I think it's important for you to see that wherever you take moments about, the point moment is always taken as a negative (because it's a counter clockwise moment). So how does a point moment affect the shear force and bending moment diagrams? <br> Well. It has absolutely no effect on the shear force diagram. You can just ignore point C when drawing the shear force diagram. When drawing the bending moment diagram you will need to work out the bending moment just before and just after point C: [[File:Shear21.PNG]] Just before: bending moment at C = 3·30 - 1·40 = 50Nm Just after: bending moment at C = 3·30 - 1·40 - 20 = 30Nm Then work out the bending moment at points A, B and D (no need to do before and after for these points). And plot. '''Cantilever beam''' Until now, you may have only dealt with "simply supported beams" (like in the diagram above), where a beam is supported by 2 pivots at either end. Below is a cantilever beam, which means - a beam that rigidly attached to a wall. Just like a pivot, the wall is capable of exerting an upwards reaction force R<sub>1</sub> on the beam. However it is also capable of exerting a point moment M<sub>1</sub> on the beam. [[File:Shear17.PNG]] Force equilibrium: R<sub>1</sub> = 10N Taking moments about A: -M<sub>1</sub> + 10·2 = 0 → M<sub>1</sub> = 20Nm == Uniformly Distributed Load (UDL) == Below is a brick lying on a beam. The weight of the brick is uniformly distributed on the beam (shown in diagram A). The brick has a weight of 5N per meter of brick (5N/m). Since the brick is 6 meters long the total weight of the brick is 30N. This is shown in diagram B. Diagram B is a simplification of diagram A. As you will see, you will need to be able to convert a type A diagram to a type B. [[File:Shear18.PNG]] To make your life more difficult I have added an external force at point C, and a point moment to the diagram below. This is the most difficult type of question I can think of, and I will do the shear force and bending moment diagram for it, step by step. [[File:Shear19.PNG]] Firstly identify the key points at which you will work out the shear force and bending moment at. These will be points: A,B,C,D,E and F. As you would have noticed when working out the bending moment and shear force at any given point, sometimes you just work it out at the point, and sometimes you work it out just before and after. Here is a summary: When drawing a shear force diagram, if you are dealing with a point force (points A,C and F in the above diagram), work out the shear force before and after the point. Otherwise (for points B and D), just work it out right at that point. When drawing a bending moment diagram, if you are dealing with a point moment (point E), work out the bending moment before and after the point. Otherwise (for points A,B,C,D, and F), work out the bending moment at the point. After identifying the key points, you want to work out the values of R<sub>1</sub> and R<sub>2</sub>. You now need to convert to a type B diagram, as shown below. Notice the 30N force acts right in the middle between points B and D. [[File:Shear20.PNG]] Force equilibrium: R<sub>1</sub> + R<sub>2</sub> = 50 <br> Take moments about A: 4·30 + 5·20 + 40 - 10·R<sub>2</sub> = 0 <br> R<sub>1</sub> = 24N , R<sub>2</sub>= 26N Update original diagram: [[File:Shear22.PNG]] === '''Shear force diagram''' === '''point A:''' [[File:Shear23.PNG]] '''point B:''' [[File:Shear24.PNG]] Notice that the uniformly distributed load has no effect on point B. '''point C:''' Just before C: [[File:Shear25.PNG]] Now convert to a type B diagram. Total weight of brick from point B to C = 5x4 = 20N [[File:Shear26.PNG]] Shear force before C: 24 - 20 = 4N [[File:Shear27.PNG]] Shear force after C: 24 - 20 - 20 = -16N '''point D:''' [[File:Shear28.PNG]] Shear force at D: 24 - 30 - 20 = -26N '''point F:''' (I have already converted to a type B diagram, below) [[File:Shear29.PNG]] Finally plot all the points on the shear force diagram and join them up: [[File:Shear30.PNG]] === '''Bending moment diagram''' === '''Point A''' [[File:Shear31.PNG]] Bending moment at A: 0Nm '''Point B''' [[File:Shear35.PNG]] Bending moment at B: 24·1 = 24Nm '''point C:''' (I have already converted to a type B diagram, below) [[File:Shear27.PNG]] Bending moment at C: 24·5 - 20·2 = 80Nm '''point D:''' (I have already converted to a type B diagram, below) [[File:Shear32.PNG]] Bending moment at D: 24·7 - 30·3 - 20·2 = 38Nm '''point E:''' (I have already converted to a type B diagram, below) [[File:Shear33.PNG]] '''point F:''' (I have already converted to a type B diagram, below) [[File:Shear34.PNG]] Bending moment at F: 24·10 - 30·6 - 20·5 + 40 = 0Nm Finally, plot the points on the bending moment diagram. Join all the points up, EXCEPT those that are under the uniformly distributed load (UDL), which are points B,C and D. As seen below, you need to draw a curve between these points. Unless requested, I will not explain why this happens. [[File:Shear39.PNG]] Note: The diagram is not at all drawn to scale. I have drawn 2 curves. One from B to C, one from C to D. Notice that each of these curves resembles some part of a negative parabola. [[File:Shear37.PNG]] Rule: When drawing a bending moment diagram, under a UDL, you must connect the points with a curve. This curve must resemble some part of a negative parabola. Note: The convention used throughout this page is "clockwise moments are taken as positive". If the convention was "counter-clockwise moments are taken as positive", you would need to draw a positive parabola. ==== '''Hypothetical scenario''' ==== For a hypothetical question, what if points B, C and D, were plotted as shown below. Notice how I have drawn the curves for this case. [[File:Shear38.PNG]] If you wanted to find the peak of the curve, how would you do it? Simple. On the original diagram (used at the start of the question) add an additional point (point G), centrally between point B and C. Then work out the bending moment at point G. That's it! If you have found this article useful, please comment in the discussion section (at the top of the page), as this will help me decide whether to write more articles like this. Also please comment if there are other topics you want covered, or you would like something in this article to be written more clearly. [[solid mechanics|Back to the solid mechanics course]] [[User:Taltastic|Taltastic]] 14:11, 15 September 2010 (UTC) [[Category:Mechanics]] [[Category:solid mechanics course]] ==External Links== * [https://calculatorwebtools.com/engineering-calculators/strength-of-material/beam-calculator/ Beam Calculator]: Analyze supports, loads, shear force diagrams, bending moment diagrams, deflection, and bending stress with responsive live beam diagrams. 8m7pkgm1bx7heeqsaq0y4e5if53gb0y 2809424 2809423 2026-05-15T03:38:57Z Atcovi 276019 rv 2809424 wikitext text/x-wiki This article is part of the [[solid mechanics]] course, aimed at engineering students. Please leave feedback in the discussion section above. == What is shear force? == Below a force of 10N is exerted at point A on a beam. This is an external force. However because the beam is a rigid structure, the force will be internally transferred all along the beam. This internal force is known as shear force. The shear force between point A and B is usually plotted on a shear force diagram. As the shear force is 10N all along the beam, the plot is just a straight line, in this example. [[File:Shear2.PNG]] The idea of shear force might seem odd, maybe this example will help clarify. Imagine pushing an object along a kitchen table, with a 10N force. Even though you're applying the force only at one point on the object, it's not just that point of the object that moves forward. The whole object moves forward, which tells you that the force must have transferred all along the object, such that every atom of the object is experiencing this 10N force. Please note that this is not the full explanation of what shear force actually is. ==Basic shear diagram== What if there is more than one force, as shown in the diagram below, what would the shear force diagram look like then? [[File:Shear5.PNG]] The way you go about this is by figuring out the shear force at points A,B,C,E (as there is an external force acting at these points). The way you work out the shear force at any point, is by covering (either with your hand or a piece of paper), everything to right of that point, and simply adding up the external forces. Then plot the point on the shear force diagram. For illustration purposes, this is done for point D: [[File:Shear6.PNG]] Shear force at D = 10N - 20N + 40N = 30Newtons [[File:Shear7.PNG]] Now, let's do this for point B. BUT - slight complication - there's a force acting at point B, are you going to include it? The answer is both yes and no. You need to take 2 measurements. Firstly put your piece of paper, so it's JUST before point B: [[File:Shear8.PNG]] Shear force at B = 10N [[File:Shear9.PNG]] Now place your paper JUST after point B: [[File:Shear10.PNG]] Shear force at B = 10N - 20N = -10N [[File:Shear11.PNG]] (B' is vertically below B) Now, do point A, D and E, and finally join the points. your diagram should look like the one below. If you don't understand why, leave a message on the discussion section of this page (its at the top), I will elaborate on the explanation: [[File:Shear12.PNG]] Notice how nothing exciting happens at point D, which is why you wouldn't normally analyse the shear force at that point. For clarity, when doing these diagrams it is recommended you move you paper from left to right, and hence analyse points A,B, C, and E, in that order. You can also do this procedure covering the left side instead of the right, your diagram will be "upside down" though. Both diagrams are correct. ==Basic bending moment diagram== Bending moment refers to the internal moment that causes something to bend. When you bend a ruler, even though apply the forces/moments at the ends of the ruler, bending occurs all along the ruler, which indicates that there is a bending moment acting all along the ruler. Hence bending moment is shown on a bending moment diagram. The same case from before will be used here: [[File:Shear5.PNG]] To work out the bending moment at any point, cover (with a piece of paper) everything to the right of that point, and take moments about that point. (I will take clockwise moments to be positive). To illustrate, I shall work out the bending moment at point C: [[File:Shear13.PNG]] Bending moment at C = 10Nx3m - 20Nx2m = -10Nm (Please note that the two diagrams below should show units in "Nm", not in "N" as it is currently showing) [[File:Shear14.PNG]] Notice that there's no need to work out the bending moment "just before and just after" point C, (as in the case for the shear force diagram). This is because the 40N force at point C exerts no moment about point C, either way. Repeating the procedure for points A,B and E, and joining all the points: [[File:Shear15.PNG]] Normally you would expect the diagram to start and end at zero, in this case it doesn't. This is my fault, and it happened because I accidentally chose my forces such that there is a moment disequilibrium. i.e. take moments about any point (without covering the right of the point), and you'll notice that the moments aren't balanced, as they should be. It also means that if you're covering the left side as opposed to the right, you will get a completely different diagram. Sorry about this... Upon inspection, the forces are unbalanced, so it is immediately expected that the diagram will most likely not be balanced. ==Point moments== Point moments are something that you may not have come across before. Below, a point moment of 20Nm is exerted at point C. Work out the reaction of A and D: [[File:Shear16.PNG]] Force equilibrium: R<sub>1</sub> + R<sub>2</sub> = 40 Taking moments about A (clockwise is positive): 40·2 - 20 - 6·R<sub>2</sub> = 0 R<sub>1</sub> = 30N , R<sub>2</sub> = 10N If instead you were to take moments about D you would get: - 20 - 40·4 + 6·R<sub>1</sub> = 0 I think it's important for you to see that wherever you take moments about, the point moment is always taken as a negative (because it's a counter clockwise moment). So how does a point moment affect the shear force and bending moment diagrams? <br> Well. It has absolutely no effect on the shear force diagram. You can just ignore point C when drawing the shear force diagram. When drawing the bending moment diagram you will need to work out the bending moment just before and just after point C: [[File:Shear21.PNG]] Just before: bending moment at C = 3·30 - 1·40 = 50Nm Just after: bending moment at C = 3·30 - 1·40 - 20 = 30Nm Then work out the bending moment at points A, B and D (no need to do before and after for these points). And plot. '''Cantilever beam''' Until now, you may have only dealt with "simply supported beams" (like in the diagram above), where a beam is supported by 2 pivots at either end. Below is a cantilever beam, which means - a beam that rigidly attached to a wall. Just like a pivot, the wall is capable of exerting an upwards reaction force R<sub>1</sub> on the beam. However it is also capable of exerting a point moment M<sub>1</sub> on the beam. [[File:Shear17.PNG]] Force equilibrium: R<sub>1</sub> = 10N Taking moments about A: -M<sub>1</sub> + 10·2 = 0 → M<sub>1</sub> = 20Nm == Uniformly Distributed Load (UDL) == Below is a brick lying on a beam. The weight of the brick is uniformly distributed on the beam (shown in diagram A). The brick has a weight of 5N per meter of brick (5N/m). Since the brick is 6 meters long the total weight of the brick is 30N. This is shown in diagram B. Diagram B is a simplification of diagram A. As you will see, you will need to be able to convert a type A diagram to a type B. [[File:Shear18.PNG]] To make your life more difficult I have added an external force at point C, and a point moment to the diagram below. This is the most difficult type of question I can think of, and I will do the shear force and bending moment diagram for it, step by step. [[File:Shear19.PNG]] Firstly identify the key points at which you will work out the shear force and bending moment at. These will be points: A,B,C,D,E and F. As you would have noticed when working out the bending moment and shear force at any given point, sometimes you just work it out at the point, and sometimes you work it out just before and after. Here is a summary: When drawing a shear force diagram, if you are dealing with a point force (points A,C and F in the above diagram), work out the shear force before and after the point. Otherwise (for points B and D), just work it out right at that point. When drawing a bending moment diagram, if you are dealing with a point moment (point E), work out the bending moment before and after the point. Otherwise (for points A,B,C,D, and F), work out the bending moment at the point. After identifying the key points, you want to work out the values of R<sub>1</sub> and R<sub>2</sub>. You now need to convert to a type B diagram, as shown below. Notice the 30N force acts right in the middle between points B and D. [[File:Shear20.PNG]] Force equilibrium: R<sub>1</sub> + R<sub>2</sub> = 50 <br> Take moments about A: 4·30 + 5·20 + 40 - 10·R<sub>2</sub> = 0 <br> R<sub>1</sub> = 24N , R<sub>2</sub>= 26N Update original diagram: [[File:Shear22.PNG]] === '''Shear force diagram''' === '''point A:''' [[File:Shear23.PNG]] '''point B:''' [[File:Shear24.PNG]] Notice that the uniformly distributed load has no effect on point B. '''point C:''' Just before C: [[File:Shear25.PNG]] Now convert to a type B diagram. Total weight of brick from point B to C = 5x4 = 20N [[File:Shear26.PNG]] Shear force before C: 24 - 20 = 4N [[File:Shear27.PNG]] Shear force after C: 24 - 20 - 20 = -16N '''point D:''' [[File:Shear28.PNG]] Shear force at D: 24 - 30 - 20 = -26N '''point F:''' (I have already converted to a type B diagram, below) [[File:Shear29.PNG]] Finally plot all the points on the shear force diagram and join them up: [[File:Shear30.PNG]] === '''Bending moment diagram''' === '''Point A''' [[File:Shear31.PNG]] Bending moment at A: 0Nm '''Point B''' [[File:Shear35.PNG]] Bending moment at B: 24·1 = 24Nm '''point C:''' (I have already converted to a type B diagram, below) [[File:Shear27.PNG]] Bending moment at C: 24·5 - 20·2 = 80Nm '''point D:''' (I have already converted to a type B diagram, below) [[File:Shear32.PNG]] Bending moment at D: 24·7 - 30·3 - 20·2 = 38Nm '''point E:''' (I have already converted to a type B diagram, below) [[File:Shear33.PNG]] '''point F:''' (I have already converted to a type B diagram, below) [[File:Shear34.PNG]] Bending moment at F: 24·10 - 30·6 - 20·5 + 40 = 0Nm Finally, plot the points on the bending moment diagram. Join all the points up, EXCEPT those that are under the uniformly distributed load (UDL), which are points B,C and D. As seen below, you need to draw a curve between these points. Unless requested, I will not explain why this happens. [[File:Shear39.PNG]] Note: The diagram is not at all drawn to scale. I have drawn 2 curves. One from B to C, one from C to D. Notice that each of these curves resembles some part of a negative parabola. [[File:Shear37.PNG]] Rule: When drawing a bending moment diagram, under a UDL, you must connect the points with a curve. This curve must resemble some part of a negative parabola. Note: The convention used throughout this page is "clockwise moments are taken as positive". If the convention was "counter-clockwise moments are taken as positive", you would need to draw a positive parabola. ==== '''Hypothetical scenario''' ==== For a hypothetical question, what if points B, C and D, were plotted as shown below. Notice how I have drawn the curves for this case. [[File:Shear38.PNG]] If you wanted to find the peak of the curve, how would you do it? Simple. On the original diagram (used at the start of the question) add an additional point (point G), centrally between point B and C. Then work out the bending moment at point G. That's it! If you have found this article useful, please comment in the discussion section (at the top of the page), as this will help me decide whether to write more articles like this. Also please comment if there are other topics you want covered, or you would like something in this article to be written more clearly. [[solid mechanics|Back to the solid mechanics course]] [[User:Taltastic|Taltastic]] 14:11, 15 September 2010 (UTC) [[Category:Mechanics]] [[Category:solid mechanics course]] ==External Links== * [https://skyciv.com/free-beam-calculator/ FREE Online Shear Force and Bending Moment Diagram (SFD & BMD) Calculator.] * [https://skyciv.com/docs/tutorials/beam-tutorials/how-to-draw-bending-moment-diagrams/ Tutorial on how to draw bending moment diagrams] * [https://civilengineeronline.com/mech/bmcalc.htm Free Calculator for Calculations of shear force and bending moment] * [https://solveredu.com/en/post/internal-force-diagrams/ Free tutorial about internal forces diagrams] b3i22vs78hjmqn837soa5r6pfbavytd Wikiversity:Recusal 4 102939 2809338 2556743 2026-05-14T21:59:38Z Codename Noreste 2969951 This doesn't just apply to custodians, but to bureaucrats and curators as well. 2809338 wikitext text/x-wiki {{Proposed policy}} '''Recusal''' is a decision to not act or to limit one's actions. The purpose of recusal is to keep conflicts from starting and existing conflicts from escalating. You are expected not to decide and not to act on decisions when your impartiality might reasonably be questioned, or where you have a personal bias, or prejudice concerning another person or topic. When everyone involved cannot reasonably be expected to be impartial than nobody may act until there is a clear consensus or people can agree on who may act. When people can agree quick action is needed, you may take temporary action to address other people's concerns with the understanding that the decision may be reversed later and anyone may undo the action. You must not decide or act otherwise when expected to recuse. [[Wikiversity:Who are Wikiversity participants?|Wikiversity participants]], and [[Wikiversity:Custodians|custodians]], and [[Wikiversity:Support staff|support staff]] alike are expected to act professionally and follow this policy to the best of their ability. Failure to follow this policy may have unforeseeable consequences by the Wikiversity community. You may reports concerns that a person has acted while being expected to recuse to [[Wikiversity:Request custodian action]]. If discussion is deemed necessary discussion may be moved to [[Wikiversity:Community Review]]. i0pfu6etb88hkvj3kq6thv55r1336j7 2809339 2809338 2026-05-14T21:59:56Z Codename Noreste 2969951 Ack. 2809339 wikitext text/x-wiki {{Proposed policy}} '''Recusal''' is a decision to not act or to limit one's actions. The purpose of recusal is to keep conflicts from starting and existing conflicts from escalating. You are expected not to decide and not to act on decisions when your impartiality might reasonably be questioned, or where you have a personal bias, or prejudice concerning another person or topic. When everyone involved cannot reasonably be expected to be impartial than nobody may act until there is a clear consensus or people can agree on who may act. When people can agree quick action is needed, you may take temporary action to address other people's concerns with the understanding that the decision may be reversed later and anyone may undo the action. You must not decide or act otherwise when expected to recuse. [[Wikiversity:Who are Wikiversity participants?|Wikiversity participants]], [[Wikiversity:Custodians|custodians]], and [[Wikiversity:Support staff|support staff]] alike are expected to act professionally and follow this policy to the best of their ability. Failure to follow this policy may have unforeseeable consequences by the Wikiversity community. You may reports concerns that a person has acted while being expected to recuse to [[Wikiversity:Request custodian action]]. If discussion is deemed necessary discussion may be moved to [[Wikiversity:Community Review]]. mn3i1tjyahjnrqumoyx1x6he8ff8i8i 2809341 2809339 2026-05-14T22:02:04Z Codename Noreste 2969951 Boldly changing the link as WV:RCA is to request actions to be done by support staff, and WV:AN is used for posting notices of interest to support staff. 2809341 wikitext text/x-wiki {{Proposed policy}} '''Recusal''' is a decision to not act or to limit one's actions. The purpose of recusal is to keep conflicts from starting and existing conflicts from escalating. You are expected not to decide and not to act on decisions when your impartiality might reasonably be questioned, or where you have a personal bias, or prejudice concerning another person or topic. When everyone involved cannot reasonably be expected to be impartial than nobody may act until there is a clear consensus or people can agree on who may act. When people can agree quick action is needed, you may take temporary action to address other people's concerns with the understanding that the decision may be reversed later and anyone may undo the action. You must not decide or act otherwise when expected to recuse. [[Wikiversity:Who are Wikiversity participants?|Wikiversity participants]], [[Wikiversity:Custodians|custodians]], and [[Wikiversity:Support staff|support staff]] alike are expected to act professionally and follow this policy to the best of their ability. Failure to follow this policy may have unforeseeable consequences by the Wikiversity community. You may reports concerns that a person has acted while being expected to recuse to [[Wikiversity:Notices for custodians]]. If discussion is deemed necessary discussion may be moved to [[Wikiversity:Community Review]]. cianl24i6cfzyap7ri7g1lsye3n2bzs 2809344 2809341 2026-05-14T22:04:08Z Codename Noreste 2969951 Adding some shortcuts. 2809344 wikitext text/x-wiki {{Proposal|WV:RECUSE|WV:INVOLVED}} '''Recusal''' is a decision to not act or to limit one's actions. The purpose of recusal is to keep conflicts from starting and existing conflicts from escalating. You are expected not to decide and not to act on decisions when your impartiality might reasonably be questioned, or where you have a personal bias, or prejudice concerning another person or topic. When everyone involved cannot reasonably be expected to be impartial than nobody may act until there is a clear consensus or people can agree on who may act. When people can agree quick action is needed, you may take temporary action to address other people's concerns with the understanding that the decision may be reversed later and anyone may undo the action. You must not decide or act otherwise when expected to recuse. [[Wikiversity:Who are Wikiversity participants?|Wikiversity participants]], [[Wikiversity:Custodians|custodians]], and [[Wikiversity:Support staff|support staff]] alike are expected to act professionally and follow this policy to the best of their ability. Failure to follow this policy may have unforeseeable consequences by the Wikiversity community. You may reports concerns that a person has acted while being expected to recuse to [[Wikiversity:Notices for custodians]]. If discussion is deemed necessary discussion may be moved to [[Wikiversity:Community Review]]. nnhw96304ydwbrvkbob7l2q7e9ykcr2 School:Journalism/Courses 100 104374 2809468 857933 2026-05-15T11:02:42Z Jtneill 10242 2809468 wikitext text/x-wiki ;Ready # -- ;Under development # [[History of journalism]] # [[Video journalism]] # [[New journalism]] # [[Blogging]] ;Proposed # [[Print journalism - Weekly magazine]] # [[Broadcast journalism - Radio]] # [[Broadcast journalism - Television]] # [[Sub-editing and copyediting]] # [[Journalistic ethics]] # [[Local journalism]] # [[Court reporting]] # [[International journalism]] # [[Financial and economic journalism]] # [[Investigative journalism]] # [[Sports journalism]] # [[Arts journalism]] # [[Music journalism]] jyh9m9dei6965jx8qduky27u0w4ayyh Journalism studies and Wikinews 0 114134 2809402 1199671 2026-05-15T01:26:44Z Jtneill 10242 2809402 wikitext text/x-wiki [[File:Learning what to do with the drawings (7319236592).jpg|thumb|400px|'Walking the Streets' mapping workshop for Guimarães 2012 (photo João Sousa) by tm on Wikimedia Commons]] [[File:StudentsInWikinews.ogv|thumb|400px|David Blackall overviews a project that asked journalism students at the University of Wollongong to write Wikinews stories. [http://archive.org/details/JournalismStudentsAndWikinews Copy of this video, and an audio version, at Archive.org].]] Over the Autumn Session of 2011, a University of Wollongong Investigative Journalism course assigned students to write, review and attempt to get stories published on Wikinews. It was found that Wikinews was effective for improving participant engagement and motivation, and for enhancing the quality of submissions. Wikinews review and editorial processes assisted with assessment and moderation, and students were observed engaging in and reflecting on the real-world problems and issues of the profession as a result of the assignment. The workload of the course coordinator and assessor was shared by the Wikinews volunteer reviewers, but those reviewers - while happy to assist in this instance, voiced concerns at the sudden increase in their workload and suggested that the University expand their engagement with Wikinews to address this issue. Work continues, and it is proposed that post graduate courses set review and editorial work within Wikinews as assignments, thereby expanding Wikinews capacity to take submissions generally, and especially when undergraduate journalism course submissions come in. ==Project coordinators== :* '''[[User:Dblackal|David Blackall]]''' University of Wollongong subject coordinator :* '''[[User:Leighblackall|Leigh Blackall]]''' Concept developer and support :* '''[[n:Brian McNeil|Brian McNeil]]''' Wikinews contact and support ==Links== * Blackall, D. Blackall, L. McNeill, B (2012) [http://ro.uow.edu.au/lhapapers/428/ Wikinews – a safe haven for learning journalism, free of the usual suspects of spin and commercial agendas.] Refereed Proceedings of the Australian and New Zealand Communication Association conference: Communicating Change and Changing Communication in the 21st Century, ISSN 1448-4331, available at: http://www.anzca.net/past-conferences/past-conf-index.html * [https://docs.google.com/document/d/1JU1xE0pero25wVMNyG6ePeuXDCBo_H8lqR1Ch2ah-0E/edit Copy on Google Docs] * [[/Assignment|Assignment distributed to Wollongong students]] * [http://en.wikinews.org/wiki/Category:UoW_2011_student_work Category of 2011 student work on Wikinews] * [http://en.wikinews.org/wiki/Category:UoW_2013_student_work Category of 2013 student work on Wikinews] ==Abstract== From "Wikinews – a safe haven for learning journalism, free of the usual suspects of spin and commercial agendas," ''Refereed Proceedings of the Australian and New Zealand Communication Association conference: Communicating Change and Changing Communication in the 21st Century,'' ISSN 1448-4331. Online distributed and networked voluntary journalism, across all media, is attracting attention as an alternative news service - offering situated, active, learning opportunities for emerging journalists. The internationally oriented journalism site Wikinews is positioned to offer high-quality learning in newswriting; while emphasizing ethics, reliability and therefore accuracy. Wikinews also offers opportunities for supported production and learning in the converged media context for original investigative journalism across the print, audio and visual formats. This paper reviews the assignment processes in two 2011 undergraduate subjects in journalism, where Wikinews was used for publishing and assessment. Wikinews was effective for improving student engagement, motivation, quality and reflection, which greatly assisted assessment and moderation. Students were observed engaging in and reflecting on the real-world problems and issues of the profession, with several reporting their higher levels of motivation and understanding. This culminated not only in the publishing of international news stories, but also saw to improvements in writing care and quality, drawing from the open source peer review and the publishing processes of Wikinews. ==Reflections from coordinators== ;[[n:Brian McNeil]] From the point of view of one of the "senior editors" on ''Wikinews'', the most troublesome concern over a significant number of students being assigned to publish on ''Wikinews'' is that the project has a small core of contributors and reviewers. Being myself in full-time employment in addition to contributing to ''Wikinews'' and carrying out administrative duties, I felt I was not able to devote sufficient time to constructively critiquing student work; however, I would argue students would face the same lack of mentoring in a first placement with any mainstream publisher. ;David Blackall Going into this project, I had no experience with editing Wikinews, or any other MediaWiki for that matter. I was however, attracted to the principles of the project, and impressed by the policies and processes in place at Wikinews. Brian's responsiveness to our enquiries was particularly encouraging, and I thank him very much for his support throughout this pilot. I particularly note his concerns for the workload placed on the Wikinews volunteers, and we must consider what can be done to minimize this, while at the same time working to expand that volunteer base so that Wikinews can continue and grow. Additionally, through numerous conversations with Leigh, I've become inspired at the prospect of using Wikinews and Wikiversity to set up open courses, with robust assignments, that theoretically at least, make it possible for more people to learn the skills of journalism, and perhaps even reduce the cost of obtaining a formal qualification, if that were needed. To this end, I've been working with Leigh, developing my skills in the use of these wikis, to prepare and publish another course on [[Video journalism]]. I will be running this subject in 2013, and look forward to seeing if our ideas have a chance of flourishing. ;Leigh Blackall As an educational designer working in universities, I'm looking for ways to make the boundaries between formal and informal education more permeable. In proposing this project, it seemed to me that if Journalism students were being asked to prepare news stories, that there would be benefit in them being asked to publish their news stories on a channel like Wikinews. When we investigated the viability of this idea, we came to see Wikinews as an ideal extension to the assignment, given the strict diligence to verifiable sources and copyright outlined in the projects policies, and demonstrated in practice. We realised that it would be a real challenge for the students to successfully publish a story to Wikinews. I also wondered if the Wikinews platform and processes might be a way to effectively reduce the marking workload of the course assessor, if that diligence in the Wikinews editorial could be sustained and trusted. Facing the reality of the impact this project had on the Wikinews volunteers, it occurs to me that we must also develop a post graduate course with assignments in Wikinews review and editing, so to assist to develop and sustain the project. ==See also== * [[Activities, assignments and assessment/Journalism students and Wikinews|Presentation at La Trobe University, Faculty of Health Sciences]] * [[EResearch in education: Open and networked practices and the rise of the citizen researcher]] * [[Open academic practice and Excellence in Research Australia]] * [[Institutions and communities]] * [[Ubiquitous Learning - a critique]] * [[Open academia survey]] * Rebillard, F; Touboul, A. (2010) "[http://mcs.sagepub.com/content/32/2/323.extract Promises unfulfilled? 'Journalism 2.0', user participation and editorial policy on newspaper websites]", ''Media, Culture & Society Volume 32'' :In this article the authors contemplate on the ideology involving the Web 2.0 services for journalism. They present their analysis on the ideological assumptions regarding the effectiveness of journalism 2.0., especially on online interaction and social networking sites. They also explore the material concretization of these assumptions particularly on users of participatory websites like Wikipedia or {YouTube} links and newsmaking within a corpus of news media websites in Europe and America. ==Subpages== {{Subpages/List}} ==Recent changes== <div style="column-count:3;-moz-column-count:3;-webkit-column-count:3"> <dynamicpagelist> category=Journalism studies and Wikinews order=descending ordermethod=lastedit mode=unordered shownamespace=true </dynamicpagelist> </div> [[Category:Journalism studies and Wikinews]] [[Category:Research projects]] [[Category:Open academia in practice]] [[Category:University of Canberra]] [[Category:University of Wollongong]] [[Category:Leighblackall/PhD]] hv70plbo33o8ev4uf06cna6qd1hu19n 2809470 2809402 2026-05-15T11:06:45Z Jtneill 10242 2809470 wikitext text/x-wiki [[File:Learning what to do with the drawings (7319236592).jpg|thumb|400px|'Walking the Streets' mapping workshop for Guimarães 2012 (photo João Sousa) by tm on Wikimedia Commons]] [[File:StudentsInWikinews.ogv|thumb|400px|David Blackall overviews a project that asked journalism students at the University of Wollongong to write Wikinews stories. [http://archive.org/details/JournalismStudentsAndWikinews Copy of this video, and an audio version, at Archive.org].]] Over the Autumn Session of 2011, a University of Wollongong Investigative Journalism course assigned students to write, review and attempt to get stories published on Wikinews. It was found that Wikinews was effective for improving participant engagement and motivation, and for enhancing the quality of submissions. Wikinews review and editorial processes assisted with assessment and moderation, and students were observed engaging in and reflecting on the real-world problems and issues of the profession as a result of the assignment. The workload of the course coordinator and assessor was shared by the Wikinews volunteer reviewers, but those reviewers - while happy to assist in this instance, voiced concerns at the sudden increase in their workload and suggested that the University expand their engagement with Wikinews to address this issue. Work continues, and it is proposed that post graduate courses set review and editorial work within Wikinews as assignments, thereby expanding Wikinews capacity to take submissions generally, and especially when undergraduate journalism course submissions come in. ==Project coordinators== :* '''[[User:Dblackal|David Blackall]]''' University of Wollongong subject coordinator :* '''[[User:Leighblackall|Leigh Blackall]]''' Concept developer and support :* '''[[n:Brian McNeil|Brian McNeil]]''' Wikinews contact and support ==Links== * Blackall, D. Blackall, L. McNeill, B (2012) [http://ro.uow.edu.au/lhapapers/428/ Wikinews – a safe haven for learning journalism, free of the usual suspects of spin and commercial agendas.] Refereed Proceedings of the Australian and New Zealand Communication Association conference: Communicating Change and Changing Communication in the 21st Century, ISSN 1448-4331, available at: http://www.anzca.net/past-conferences/past-conf-index.html * [https://docs.google.com/document/d/1JU1xE0pero25wVMNyG6ePeuXDCBo_H8lqR1Ch2ah-0E/edit Copy on Google Docs] * [[/Assignment|Assignment distributed to Wollongong students]] * [http://en.wikinews.org/wiki/Category:UoW_2011_student_work Category of 2011 student work on Wikinews] * [http://en.wikinews.org/wiki/Category:UoW_2013_student_work Category of 2013 student work on Wikinews] ==Abstract== From "Wikinews – a safe haven for learning journalism, free of the usual suspects of spin and commercial agendas," ''Refereed Proceedings of the Australian and New Zealand Communication Association conference: Communicating Change and Changing Communication in the 21st Century,'' ISSN 1448-4331. Online distributed and networked voluntary journalism, across all media, is attracting attention as an alternative news service - offering situated, active, learning opportunities for emerging journalists. The internationally oriented journalism site Wikinews is positioned to offer high-quality learning in newswriting; while emphasizing ethics, reliability and therefore accuracy. Wikinews also offers opportunities for supported production and learning in the converged media context for original investigative journalism across the print, audio and visual formats. This paper reviews the assignment processes in two 2011 undergraduate subjects in journalism, where Wikinews was used for publishing and assessment. Wikinews was effective for improving student engagement, motivation, quality and reflection, which greatly assisted assessment and moderation. Students were observed engaging in and reflecting on the real-world problems and issues of the profession, with several reporting their higher levels of motivation and understanding. This culminated not only in the publishing of international news stories, but also saw to improvements in writing care and quality, drawing from the open source peer review and the publishing processes of Wikinews. ==Reflections from coordinators== ;[[n:Brian McNeil]] From the point of view of one of the "senior editors" on ''Wikinews'', the most troublesome concern over a significant number of students being assigned to publish on ''Wikinews'' is that the project has a small core of contributors and reviewers. Being myself in full-time employment in addition to contributing to ''Wikinews'' and carrying out administrative duties, I felt I was not able to devote sufficient time to constructively critiquing student work; however, I would argue students would face the same lack of mentoring in a first placement with any mainstream publisher. ;David Blackall Going into this project, I had no experience with editing Wikinews, or any other MediaWiki for that matter. I was however, attracted to the principles of the project, and impressed by the policies and processes in place at Wikinews. Brian's responsiveness to our enquiries was particularly encouraging, and I thank him very much for his support throughout this pilot. I particularly note his concerns for the workload placed on the Wikinews volunteers, and we must consider what can be done to minimize this, while at the same time working to expand that volunteer base so that Wikinews can continue and grow. Additionally, through numerous conversations with Leigh, I've become inspired at the prospect of using Wikinews and Wikiversity to set up open courses, with robust assignments, that theoretically at least, make it possible for more people to learn the skills of journalism, and perhaps even reduce the cost of obtaining a formal qualification, if that were needed. To this end, I've been working with Leigh, developing my skills in the use of these wikis, to prepare and publish another course on [[Video journalism]]. I will be running this subject in 2013, and look forward to seeing if our ideas have a chance of flourishing. ;Leigh Blackall As an educational designer working in universities, I'm looking for ways to make the boundaries between formal and informal education more permeable. In proposing this project, it seemed to me that if Journalism students were being asked to prepare news stories, that there would be benefit in them being asked to publish their news stories on a channel like Wikinews. When we investigated the viability of this idea, we came to see Wikinews as an ideal extension to the assignment, given the strict diligence to verifiable sources and copyright outlined in the projects policies, and demonstrated in practice. We realised that it would be a real challenge for the students to successfully publish a story to Wikinews. I also wondered if the Wikinews platform and processes might be a way to effectively reduce the marking workload of the course assessor, if that diligence in the Wikinews editorial could be sustained and trusted. Facing the reality of the impact this project had on the Wikinews volunteers, it occurs to me that we must also develop a post graduate course with assignments in Wikinews review and editing, so to assist to develop and sustain the project. ==See also== * [[Activities, assignments and assessment/Journalism students and Wikinews|Presentation at La Trobe University, Faculty of Health Sciences]] * [[EResearch in education: Open and networked practices and the rise of the citizen researcher]] * [[Open academic practice and Excellence in Research Australia]] * [[Institutions and communities]] * [[Ubiquitous Learning - a critique]] * [[Open academia survey]] * Rebillard, F; Touboul, A. (2010) "[http://mcs.sagepub.com/content/32/2/323.extract Promises unfulfilled? 'Journalism 2.0', user participation and editorial policy on newspaper websites]", ''Media, Culture & Society Volume 32'' :In this article the authors contemplate on the ideology involving the Web 2.0 services for journalism. They present their analysis on the ideological assumptions regarding the effectiveness of journalism 2.0., especially on online interaction and social networking sites. They also explore the material concretization of these assumptions particularly on users of participatory websites like Wikipedia or {YouTube} links and newsmaking within a corpus of news media websites in Europe and America. ==Subpages== {{Subpages/List}} ==Recent changes== <div style="column-count:3;-moz-column-count:3;-webkit-column-count:3"> <dynamicpagelist> category=Journalism studies and Wikinews order=descending ordermethod=lastedit mode=unordered shownamespace=true </dynamicpagelist> </div> [[Category:Journalism studies and Wikinews| ]] [[Category:Research projects]] [[Category:Open academia in practice]] [[Category:University of Canberra]] [[Category:University of Wollongong]] [[Category:Leighblackall/PhD]] kstycprmbg7sxd9wv4cq4r4lic302ic Journalism studies and Wikinews/Assignment 0 115224 2809401 964663 2026-05-15T01:26:05Z Jtneill 10242 + [[Category:Journalism studies and Wikinews]] 2809401 wikitext text/x-wiki Throughout the session you should research and write a 250 word news story, then as soon as possible nominate it to the "edit room" on Wikinews or Spotus community generated news. The story might be originated, for instance, from cables on Wikileaks. Once you nominate the story to the "edit room" on Wikinews, or similar site, this calls on the Wiki-volunteers to review the article and give feedback. Such participation brings understanding of social news media dynamics, of WikiMedia Commons (a great place to source free media, and meet photographers, videographers and graphic designers), of the Wikinews volunteers and it brings an understanding of the Wikinews policies and criteria in terms of citizen journalism. ==Assessment== Assessment 3: Wikinews - "Oh my news" Marking: Marked out of 100 - 30% ==Format== The assignment is essentially the 250 word news story that must be started early in the session (with evidence of its research and writing), coupled with a record of all URLs and online participation in submitting the story to the "edit room" on Wikinews or Spotus community generated news. Your assignment must show clear evidence of all online dialogue, URLs and volunteer feedback in your submitting the story. ==Assessment Criteria== Assessment will be based on originality, clarity, accuracy, independence and newsworthiness of your story. Quality of research and evidence in checking for veracity will be taken into account: in reliability and status of sources, in working within the law and in working ethically, in conducting yourself in a professional and independent manner with the Wiki-volunteers and in your meticulous record keeping of the process. ==Resources== * Wikileaks: http://www.wikileaks.com/ * World Newspapers.com - has links to newspapers on every subject/customer group imaginable: http://www.world-newspapers.com/alternative-news.html * Huffington Post: http://www.huffingtonpost.com/ * Spotus community generated news: http://spot.us/ * Newsvine: http://www.newsvine.com/ * Oh my news: http://international.ohmynews.com/ * http://en.wikinews.org/wiki/Wikinews:Water_cooler * http://en.wikinews.org/wiki/Special:RecentChanges * http://creativecommons.org.au/weblog/entry/2342 * http://www.readwriteweb.com/archives/jimmy_wales_to_announce_wiki_20_with_wikia.php [[Category:Journalism studies and Wikinews]] qglpx8mr1zvpw8ml4ruwwxj280i2xud Solar 0 118823 2809331 993992 2026-05-14T21:46:46Z IanVG 2918363 2809331 wikitext text/x-wiki If you are looking for other projects, schools and content related to solar energy look here: * [[Solar energy]] * [[Introduction to solar energy]] If you are looking for information on the solar system look for specific planets, for example: * [[Solar System, technical/Mercury]] ==Idea== Solar energy projects start with being able to aim solar light at a target and cook something like a frozen pizza. Then they branch out into hot water systems. After that the goal is to begin working with small solar cells. Working with lasers to power them and developing robots that can be powered by lasers. Typically these are robots climbing a rope and compete in a space elevator competition. The other expensive option is to design how adding solar cells to a university building. ==SubSystems== ==Tutorials== ==College/Universities== :[[/Howard Community College/]] [[Category:General_Engineering_Projects_2010-2012]] ax8md1ufmpghf0tglbchz4a2hfq35me Understanding Arithmetic Circuits 0 139384 2809171 2808881 2026-05-14T13:41:22Z Young1lim 21186 /* Adder */ 2809171 wikitext text/x-wiki == Adder == * Binary Adder Architecture Exploration ( [[Media:Adder.20131113.pdf|pdf]] ) {| class="wikitable" |- ! Adder type !! Overview !! Analysis !! VHDL Level Design !! CMOS Level Design |- | '''1. Ripple Carry Adder''' || [[Media:VLSI.Arith.1A.RCA.20250522.pdf|A]]|| || [[Media:Adder.rca.20140313.pdf|pdf]] || [[Media:VLSI.Arith.1D.RCA.CMOS.20211108.pdf|pdf]] |- | '''2. Carry Lookahead Adder''' || [[Media:VLSI.Arith.1.A.CLA.20260109.pdf|org]], [[Media:VLSI.Arith.2A.CLA.20260514.pdf|A]], [[Media:VLSI.Arith.2B.CLA.20260514.pdf|B]] || || [[Media:Adder.cla.20140313.pdf|pdf]]|| |- | '''3. Carry Save Adder''' || [[Media:VLSI.Arith.1.A.CSave.20151209.pdf|A]]|| || || |- || '''4. Carry Select Adder''' || [[Media:VLSI.Arith.1.A.CSelA.20191002.pdf|A]]|| || || |- || '''5. Carry Skip Adder''' || [[Media:VLSI.Arith.5A.CSkip.20250405.pdf|A]]|| || || [[Media:VLSI.Arith.5D.CSkip.CMOS.20211108.pdf|pdf]] |- || '''6. Carry Chain Adder''' || [[Media:VLSI.Arith.6A.CCA.20211109.pdf|A]]|| || [[Media:VLSI.Arith.6C.CCA.VHDL.20211109.pdf|pdf]], [[Media:Adder.cca.20140313.pdf|pdf]] || [[Media:VLSI.Arith.6D.CCA.CMOS.20211109.pdf|pdf]] |- || '''7. Kogge-Stone Adder''' || [[Media:VLSI.Arith.1.A.KSA.20140315.pdf|A]]|| || [[Media:Adder.ksa.20140409.pdf|pdf]]|| |- || '''8. Prefix Adder''' || [[Media:VLSI.Arith.1.A.PFA.20140314.pdf|A]]|| || || |- || '''9.1 Variable Block Adder''' || [[Media:VLSI.Arith.1A.VBA.20221110.pdf|A]], [[Media:VLSI.Arith.1B.VBA.20230911.pdf|B]], [[Media:VLSI.Arith.1C.VBA.20240622.pdf|C]], [[Media:VLSI.Arith.1C.VBA.20250218.pdf|D]]|| || || |- || '''9.2 Multi-Level Variable Block Adder''' || [[Media:VLSI.Arith.1.A.VBA-Multi.20221031.pdf|A]]|| || || |} </br> === Adder Architectures Suitable for FPGA === * FPGA Carry-Chain Adder ([[Media:VLSI.Arith.1.A.FPGA-CCA.20210421.pdf|pdf]]) * FPGA Carry Select Adder ([[Media:VLSI.Arith.1.B.FPGA-CarrySelect.20210522.pdf|pdf]]) * FPGA Variable Block Adder ([[Media:VLSI.Arith.1.C.FPGA-VariableBlock.20220125.pdf|pdf]]) * FPGA Carry Lookahead Adder ([[Media:VLSI.Arith.1.D.FPGA-CLookahead.20210304.pdf|pdf]]) * Carry-Skip Adder </br> == Barrel Shifter == * Barrel Shifter Architecture Exploration ([[Media:Bshift.20131105.pdf|bshfit.vhdl]], [[Media:Bshift.makefile.20131109.pdf|bshfit.makefile]]) </br> '''Mux Based Barrel Shifter''' * Analysis ([[Media:Arith.BShfiter.20151207.pdf|pdf]]) * Implementation </br> == Multiplier == === Array Multipliers === * Analysis ([[Media:VLSI.Arith.1.A.Mult.20151209.pdf|pdf]]) </br> === Tree Mulltipliers === * Lattice Multiplication ([[Media:VLSI.Arith.LatticeMult.20170204.pdf|pdf]]) * Wallace Tree ([[Media:VLSI.Arith.WallaceTree.20170204.pdf|pdf]]) * Dadda Tree ([[Media:VLSI.Arith.DaddaTree.20170701.pdf|pdf]]) </br> === Booth Multipliers === * [[Media:RNS4.BoothEncode.20161005.pdf|Booth Encoding Note]] * Booth Multiplier Note ([[Media:BoothMult.20160929.pdf|H1.pdf]]) </br> == Divider == * Binary Divider ([[Media:VLSI.Arith.1.A.Divider.20131217.pdf|pdf]])</br> </br> </br> go to [ [[Electrical_%26_Computer_Engineering_Studies]] ] [[Category:Digital Circuit Design]] [[Category:FPGA]] g0n6y94nbt7s5n85oygrkvjdy0uq32v Open Conference on Open Education/Examples of assessment in open education 0 141790 2809409 1286059 2026-05-15T01:39:02Z Jtneill 10242 + [[Category:Wikinews]] 2809409 wikitext text/x-wiki [[File:Examples of Assessment.pdf|thumb|400px|[http://www.slideshare.net/leighblackall/examples-of-assessment Copy of these slides on Slideshare]. [http://archive.org/details/ExamplesOfAssessmentInOpenEducation Audio recordings at Archive.org].]] [[File:AssessmentInOpenEducation.ogg|thumb|400px|[http://archive.org/details/ExamplesOfAssessmentInOpenEducation Archive.org copy].]] This session was one of the [http://www.latrobe.edu.au/teaching/higher-education-scholarship-and-research/research-network Scholarship of Learning and Teaching] seminar program (SoLT) held at La Trobe University. Leigh Blackall presented three examples of open and networked learning through approaches to assessment that aimed to engage students in authentic learning, to enable students to conduct research, be peer assessed & publish in open and collaborative modes. The examples of open assessments – see "Examples" below - demonstrate: # approaches that mark a shift from traditional, closed, assessment of individuals, to an approach that is open and networked, shared with peers, and benchmarked with practitioner-based communities of practice # open education practices by publishing to collaborative learning communities such as wikiversity, a commons-based platform for open education # pedagogical approaches that prepare students for the networked knowledge practices developing in many professional environments # production of learner-generated knowledge that is quality assessed and published openly, to the benefit of participating students’ career development, and public information generally. # opportunities for real-world collaborative projects with tangible outputs that are peer assessed for quality, and that can be used as examples and adopted by future students # student accomplishments that demonstrate graduate capabilities to a high standard # academic integrity through open and transparent practices that are accountable and verifiable == Background and links == Copied from: http://en.wikiversity.org/wiki/User:Leighblackall/Assessment_in_open_education This is a presentation followed by discussion at the Scholarship of Learning and Teaching seminar series (SoLT) being held at La Trobe University, Bundoora Campus, Building HUED, Room 108, at 1pm. * [http://en.wikiversity.org/wiki/User:Leighblackall/Assessment_in_open_education Presentation slides and notes] * [http://archive.org/details/ExamplesOfAssessmentInOpenEducation Audio recording] * [http://www.youtube.com/watch?v=d86CICLwmMc Psychology student authored open textbook] * [http://bps.ucniss.net Sport studies open and networked course] * [http://en.wikiversity.org/wiki/Journalism_studies_and_Wikinews Journalism course with Wikinews assignment] This presentation was initially prepared for the Faculty of Health Sciences at La Trobe University. La Trobe's Centre for Teaching, Learning and Curriculum asked me to present in to their Scholars of Learning and Teaching (SoLT) seminar series on Tuesday 12 March 2013, which coincided with [[Open Education Week 2013/La Trobe University Open Conference|La Trobe's Open Education Week event]]. ==Introduction== This session will look at examples of open and networked learning and discuss the practical opportunities to university teaching work, and the underlying principles of such practice – principles that seem to challenge, inspire and confront the practices typically found in today’s universities including community engagement, research, teaching and assessment. The related field of Open Educational Resources and Practices are having a growing influence in Australian universities, and this session presents an approach to OERP that has been piloted at the University of Canberra (2011) and Otago Polytechnic (2009), and now La Trobe University’s Faculty of Health Sciences. I am interested in open and networked learning, including in academic practice. Here I will briefly talk about assessment methods I've been involved in, that seek to bring together community engagement, research, publication and peer assessment in an open and networked way. I hope to stimulate discussion with these ideas and projects, and challenge, inspire, and confront traditional university based practice. ==Examples== # [http://www.youtube.com/watch?v=d86CICLwmMc Psychology student authored open textbook] # [http://bps.ucniss.net Sport studies open and networked course] # [http://en.wikiversity.org/wiki/Journalism_studies_and_Wikinews Journalism course with Wikinews assignment] ===Psychology student authored open textbook=== [[File:Student generated open text books.wmv.OGG|thumb|400px|James Neil explaining the project at its beginning. [http://www.youtube.com/watch?v=d86CICLwmMc Copy on Youtube].]] * Formal textbook was inadequate and expensive * Essay assignment changed to textbook chapter * Finished textbook became basis for next semester, with eBook and printed option * Assessment was formative and included peers ===​Sport studies course=== * Simple Google search gains access to the course * Essay assignment into published papers in a student authored journal * Presentation assignment 'screen based' * Exam made 'open book' with wireless Internet and questions that were impossible to answer individually [https://www.google.com.au/search?rlz=1C1CHLW_enAU502AU502&aq=f&oq=bps2011&sugexp=chrome,mod=0&sourceid=chrome&ie=UTF-8&q=bps2011 Google search BPS2011] ===​Journalism course with Wikinews assignment=== * Problem of quality in a troubled sector * Wikinews found to be a quality news outlet using innovative and contemporary methods * Assignment: get a story published on Wikinews to pass * Assessment assisted by Wikinews volunteers * Wikinews invited more faculty engagement See notes on Wikiversity - http://en.wikiversity.org/wiki/Journalism_studies_and_Wikinews == Principles of practice == * Situated and convivial :* Community engaged, relevant and useful :* Permeable boundaries, networked, participatory * Transferable/sustainable :* The skills, instruments, methods and content can transfer across platforms, institutions, across a reasonable public skills base * Open and transparent :* Accountable, verifiable, open data, responsibility Work in progress - http://en.wikiversity.org/wiki/User:Leighblackall/An_ethical_framework_for_ubiquitous_learning ==Suggestions== * Use Wikipedia etc as assignment, assessment and learning platforms * Use Wikiversity to document teaching and research work * Use Yahoo Answers as an assignment space * Use Blogger for journal based learning and professional portfolios * More ideas for activity, assignments and assessment - http://en.wikiversity.org/wiki/Activity,_assignments_and_assessment ==Supporting initiatives== * [http://www.nhmrc.gov.au/media/notices/2012/revised-policy-dissemination-research-findings NHMRC mandates open access publishing] * [http://www.arc.gov.au/applicants/open_access.htm ARC follows] * [http://agimo.gov.au/policy-guides-procurement/ Australian Gov implements reusable copyrights on public service information] * [http://www.hewlett.org/grants/search?order=field_date_of_award_value&sort=desc 12 years of foundational funding] * [http://meta.wikimedia.org/wiki/Wikimedia_Medicine Wikimedia Commons medical information initiative] * [http://www.wikimedia.org.au/wiki/Wikimedia_Australia Wikimedia Australia support] {{CourseCat}} [[Category:Wikinews]] nwrpev98qs83kvyl0ml0ayk15ejusu3 Activities, assignments and assessment/Journalism students and Wikinews 0 146666 2809405 2721939 2026-05-15T01:31:45Z Jtneill 10242 + [[Category:Journalism studies and Wikinews]] 2809405 wikitext text/x-wiki [[File:StudentsInWikinews.ogv|thumb|400px|David Blackall overviews a project that asked journalism students at the University of Wollongong to write Wikinews stories. [http://archive.org/details/JournalismStudentsAndWikinews Copy of this video, and an audio version, at Archive.org].]] David Blackall's prerecorded presentation for [[Activities, assignments and assessment/AAAOpenConf2013|AAAOpenConf2013]] Throughout the teaching sessions of 2011 & 2013, journalism students at the University of Wollongong were assigned tasks of researching & writing [[w:Wikinews|Wikinews]] stories. They were assessed with a system of rolling marks, each submission earning small increments of marks. The final grade determined at the last moment, giving them the best chances for publication, a difficult process, which is immediately awarded with a High Distinction. This process was summed up in our joint paper: * Blackall, D., Blackall, L. T. & Mcneil, B. "[[Journalism studies and Wikinews|Wikinews a safe haven for learning journalism, free of the usual suspects of spin and commercial agendas]]." ANZCA 2012 Adelaide: Communicating Change and Changing Communication in the 21st Century. Ed. C. Anyanwu, K. Green & J. Sykes. Australia: Australian & New New Zealand Communication Association Inc, 2012. 1-10. I use my Facebook Timeline to share news from The Week, The Real News Network (TRNN) & Russia Today - news that is otherwise not seen in the mainstream English news. Students access my public posts & thus see new angles & opportunities for otherwise untold stories. I also stimulate thought by way of my own work: films, papers & journalism. This increases student thinking outside of the main frame, thus increasing their chances in publication across areas where stories are un-reported, or under-reported. Wikinews must be fresh, it must have two independently verifiable sources & must adhere to strict guidelines, while being reviewed by Wikinews editors. Such rigorous fact checking in Wikinews, rarely occurs in MSNS, with the exception of publications like The Economist. The technique employed here is basically achieved by being as provocative as possible, supplying as much alternative, independent, confirmed & unreported news as possible, then asking students to write Wikinews with fresh angles. This Spring I will run the subject: Newsroom Practice. The purpose of this subject is to enable students to work in a daily newsroom environment, initiating, researching and writing a range of news and feature stories. Students will be expected to produce publishable work under deadline pressure. The work will also be expected to meet the required ethical and legal standards. High quality work will be published. The subject involves students, as both writers & editors, working within the virtual newsroom of Wikinews. This will hopefully develop editing skills commensurate with Wikinews Reviewer Standards, thus creating a sustainable on-flow of reviewers for the news site. So, how does one use the latest techniques in conducting citizen journalism to teach students in this time of dysfunctional mainstream news services? * Use open source network platforms. * Use social media, encourage crowd-sourcing. * Maintain a critical & provocative position. * Engender skepticism & citizen duty to expose. * Highlight government malpractice: GMOs, lies & propaganda, citizen surveillance (NSA), corruption, manufacturing consent for triggering war, breaching human rights conventions, etc. * Stay ethical & legal - Wikinews has these covered. Key to success is having social capital. Wikinews has in itself, some social capital. Anyone can write a top story & a small crowd (reviewers) will gather around your story to copy edit, review & publish. To crowd source investigative work, one way is to use Wikinews as a leg up into developing your own social capital, by networking, lobbying and communicating with individuals within, to draw them to your cause. This of course takes time, & you need a good eye for controversy and leaks; meanwhile your work must be of excellent quality in the process. Take the famous blogger Anthony Watts for example. Now-days, with significant social capital, he can call on what he has established to achieve very large citizen research projects. Jo Nova is another fine example. Go to where the reliable crowds are (Wikinews, Wikipedia, Youtube, Twitter, Facebook, Reddit and email lists) I ask students to carefully make a name for themselves (perhaps with a pseudonym) & develop critical skills, by doing good quality independent work, by carefully networking with the right people along the way to write human rights context stories. Trust & networks are key to success. Design projects appropriate to the size of your trust network, and do this based on a 10% rule. If your network is 20 people, you can rely on 2 to help you. If its 200, you may have 20. The 10% rule assuming you've done steps 1 and 2 well. If not, apply a 1% rule (which is what most of us can achieve, myself included). There is no remote corner of the Internet not dependent on protocols, Laura DeNardis insists. But governments now use it as a surveillance tool. [http://mitpress.mit.edu/sites/default/files/titles/content/9780262042574_sch_0001.pdf Protocol Politic. The Globalization of Internet Governance. Laura DeNardis. The MIT Press, Cambridge, Massachusetts London, England] :''"The Internet is approaching a critical point. The world is running out of Internet addresses. A tacit assumption of the twenty-first century is that sustained Internet growth will accompany the contemporary forces of economic and technological globalization. The ongoing global spread of culture and ideas on the Internet is expected to promote economic opportunity, human flourishing, and the ongoing decentralization of innovation and information production. This possibility is not preordained. It requires the ongoing availability of a technology commons in which the resources necessary for exchanging knowledge are openly and abundantly available."'' ==Examples of student work== * [http://en.wikinews.org/wiki/Highly_preserved_mammoth_presents_scientists_with_blood_sample Highly preserved mammoth presents scientists with blood sample] - The Revision history of this story shows good writing & reviewers therefore were attracted to the story due to the evidence the student has done thorough preparation. For this next Spring 2013 subject I will encourage those students who have something published, in collegiality, to improve the submissions of others. This is newsroom collegiality on the road to Wikinews sustainability, while in assisting others, there is the potential for reviewers to be developed as they apply, improve and reinforce what they learn in publishing. Rather than read the full difference between [http://en.wikinews.org/w/index.php?title=Highly_preserved_mammoth_presents_scientists_with_blood_sample&oldid=1912060 submission] and [http://en.wikinews.org/wiki/Highly_preserved_mammoth_presents_scientists_with_blood_sample publication], if you look casually at the pair side-by-side, all you see is 'sharper' presentation. The student writer did an excellent job from the start. If students don't do this, they rarely get published. [http://en.wikinews.org/w/index.php?title=Highly_preserved_mammoth_presents_scientists_with_blood_sample&diff=next&oldid=1912681 Edits like this one] are eventually going to be automated. But, [http://en.wikinews.org/w/index.php?title=Highly_preserved_mammoth_presents_scientists_with_blood_sample&diff=next&oldid=1912751 ones like this] are examples of errors the author could read over a million times and never see. And, [http://en.wikinews.org/w/index.php?title=Highly_preserved_mammoth_presents_scientists_with_blood_sample&diff=prev&oldid=1912759 this is the sort of eye for detail which changes the picture as painted]. * [http://en.wikinews.org/wiki/White_House_releases_Benghazi_emails White House releases Benghazi emails] - This is such a well written, well chosen, story; the original post such a great choice in story angle, the reviewers did much of the work from there {{subpage navbar}} [[Category:Activities, assignments and assessment]] [[Category:Journalism studies and Wikinews]] 2hvas80pzircefmi1cymy2xu50sum9y Automotive Technology 0 157147 2809352 2778998 2026-05-14T23:15:04Z Atcovi 276019 potential is present, so PROD --> cleanup 2809352 wikitext text/x-wiki {{cleanup|major revamps needed}} This will likely become a department name space. From here we should organize several lesson plans, touring the various tech used to build the common car or truck. Here are the lesson plans under construction include <iostream> int main() {L'Aston Martin Valkyrie (également connue sous les noms de code AM-RB 001 et Nebula) est une voiture de sport hybride produite en série limitée, fruit d'une collaboration entre les constructeurs automobiles britanniques Aston Martin, Red Bull Racing Advanced Technologies et plusieurs autres partenaires. Cette voiture de sport est le résultat d'une collaboration entre Aston Martin et Red Bull Racing visant à développer une voiture conçue pour la piste, mais parfaitement utilisable et agréable sur route. Son concept est né de l'imagination d'Adrian Newey, du Dr Andy Palmer, de Christian Horner et de Simon Spoule. Adresse… std:: cout << “Engine types:\n”; std::cout << “1. Gasoline === Symphony of the senses === Relations Investisseurs Aston Martin Lagonda Explorez l'espace Relations Investisseurs d'Aston Martin Lagonda pour obtenir des informations complètes sur les performances financières, la stratégie et les opportunités d'investissement de notre entreprise. Accédez aux principaux rapports financiers, présentations et actualités pour suivre notre parcours vers une croissance durable et l'innovation. Relations Investisseurs Aston Martin Lagonda Explorez l'espace Relations Investisseurs d'Aston Martin Lagonda pour obtenir des informations complètes sur les performances financières, la stratégie et les opportunités d'investissement de notre entreprise. Accédez aux principaux rapports financiers, présentations et actualités pour suivre notre parcours vers une croissance durable et l'innovation. std::cout << “2. Diesel Engine\n”; std::cout << “3. Hybrid Engine\n”; std::cout << “4. Electric Engine\n”; return 0; } ==Theory== * Safety ** Hearing protection ** Chemical Safety * Basic Systems * Pumps **water pump **ps pump **compressor * Valves * Springs * Electrical Systems ** Battery ** Alternator ** Starter * Electronic Systems **wiring harness **signal **voltage *[[/Engine/]] **[[/Air Intake/]] ***Turbo charger ***Supercharger **[[/Exhaust/]] *[[/Ignition/]] **[[/Waste Spark Ignition/]] **[[/Coil Over Plug Ignition/]] **[[/Returnless Fuel */]] **[[/Fuel Pump/]] *[[/O2 Sensor/]] * [[/Engine Repair/]] **[[/Engine Oil/]] *Transmissions * [[/Automatic Transmission/]] **[[/Automatic Transmission Fluid/]] **[[/Automatic Transmission Pressure Tests/]] **[[/Lockup Torque Converter Clutch/]] **[[//]] *Chassis *[[/Suspension and Steering/|Suspension & Steering]] **[[/Wheels/]] **[[/Bearings/]] **[[/Speed Sensor/]] **[[/Steering Columns/]] **[[/Tire Code/]] **[[/Alignment/]] * [[/Brakes/]] **Fuel **[[/Throttle Body Injection/]] **[[/Direct Injection/]] *Exhaust **[[/Emissions/]] **[[/EVAP/]] ==Tests and Operations== * Engine ** Manifold Vacuum test ** Compression test ** Cylinder Leakage Test ** Running Compression test * Heating & Air Conditioning ** Water Drainage ** Recharging ** Leak testing ** HVAC Performance ==Professional Guides== * [[ASE Certification]] * ASE [[/Task List/]] {{Automotive Technology/NavBox}} ==Index== {{#categorytree:Automotive Technology|mode=all|depth=2}} {{CourseCat}} [[Category:Automotive engineering]] 8zn0kcevbfur0k5bnx414ov9ufwzr28 Complex analysis in plain view 0 171005 2809178 2808892 2026-05-14T14:07:09Z Young1lim 21186 /* Geometric Series Examples */ 2809178 wikitext text/x-wiki Many of the functions that arise naturally in mathematics and real world applications can be extended to and regarded as complex functions, meaning the input, as well as the output, can be complex numbers <math>x+iy</math>, where <math>i=\sqrt{-1}</math>, in such a way that it is a more natural object to study. '''Complex analysis''', which used to be known as '''function theory''' or '''theory of functions of a single complex variable''', is a sub-field of analysis that studies such functions (more specifically, '''holomorphic''' functions) on the complex plane, or part (domain) or extension (Riemann surface) thereof. It notably has great importance in number theory, e.g. the [[Riemann zeta function]] (for the distribution of primes) and other <math>L</math>-functions, modular forms, elliptic functions, etc. <blockquote>The shortest path between two truths in the real domain passes through the complex domain. — [[wikipedia:Jacques_Hadamard|Jacques Hadamard]]</blockquote>In a certain sense, the essence of complex functions is captured by the principle of [[analytic continuation]].{{mathematics}} ==''' Complex Functions '''== * Complex Functions ([[Media:CAnal.1.A.CFunction.20140222.Basic.pdf|1.A.pdf]], [[Media:CAnal.1.B.CFunction.20140111.Octave.pdf|1.B.pdf]], [[Media:CAnal.1.C.CFunction.20140111.Extend.pdf|1.C.pdf]]) * Complex Exponential and Logarithm ([[Media:CAnal.5.A.CLog.20131017.pdf|5.A.pdf]], [[Media:CAnal.5.A.Octave.pdf|5.B.pdf]]) * Complex Trigonometric and Hyperbolic ([[Media:CAnal.7.A.CTrigHyper..pdf|7.A.pdf]], [[Media:CAnal.7.A.Octave..pdf|7.B.pdf]]) '''Complex Function Note''' : 1. Exp and Log Function Note ([[Media:ComplexExp.29160721.pdf|H1.pdf]]) : 2. Trig and TrigH Function Note ([[Media:CAnal.Trig-H.29160901.pdf|H1.pdf]]) : 3. Inverse Trig and TrigH Functions Note ([[Media:CAnal.Hyper.29160829.pdf|H1.pdf]]) ==''' Complex Integrals '''== * Complex Integrals ([[Media:CAnal.2.A.CIntegral.20140224.Basic.pdf|2.A.pdf]], [[Media:CAnal.2.B.CIntegral.20140117.Octave.pdf|2.B.pdf]], [[Media:CAnal.2.C.CIntegral.20140117.Extend.pdf|2.C.pdf]]) ==''' Complex Series '''== * Complex Series ([[Media:CPX.Series.20150226.2.Basic.pdf|3.A.pdf]], [[Media:CAnal.3.B.CSeries.20140121.Octave.pdf|3.B.pdf]], [[Media:CAnal.3.C.CSeries.20140303.Extend.pdf|3.C.pdf]]) ==''' Residue Integrals '''== * Residue Integrals ([[Media:CAnal.4.A.Residue.20140227.Basic.pdf|4.A.pdf]], [[Media:CAnal.4.B.pdf|4.B.pdf]], [[Media:CAnal.4.C.Residue.20140423.Extend.pdf|4.C.pdf]]) ==='''Residue Integrals Note'''=== * Laurent Series with the Residue Theorem Note ([[Media:Laurent.1.Residue.20170713.pdf|H1.pdf]]) * Laurent Series with Applications Note ([[Media:Laurent.2.Applications.20170327.pdf|H1.pdf]]) * Laurent Series and the z-Transform Note ([[Media:Laurent.3.z-Trans.20170831.pdf|H1.pdf]]) * Laurent Series as a Geometric Series Note ([[Media:Laurent.4.GSeries.20170802.pdf|H1.pdf]]) === Laurent Series and the z-Transform Example Note === * Overview ([[Media:Laurent.4.z-Example.20170926.pdf|H1.pdf]]) ====Geometric Series Examples==== * Causality ([[Media:Laurent.5.Causality.1.A.20191026n.pdf|A.pdf]], [[Media:Laurent.5.Causality.1.B.20191026.pdf|B.pdf]]) * Time Shift ([[Media:Laurent.5.TimeShift.2.A.20191028.pdf|A.pdf]], [[Media:Laurent.5.TimeShift.2.B.20191029.pdf|B.pdf]]) * Reciprocity ([[Media:Laurent.5.Reciprocity.3A.20191030.pdf|A.pdf]], [[Media:Laurent.5.Reciprocity.3B.20191031.pdf|B.pdf]]) * Combinations ([[Media:Laurent.5.Combination.4A.20200702.pdf|A.pdf]], [[Media:Laurent.5.Combination.4B.20201002.pdf|B.pdf]]) * Properties ([[Media:Laurent.5.Property.5A.20220105.pdf|A.pdf]], [[Media:Laurent.5.Property.5B.20220126.pdf|B.pdf]]) * Permutations ([[Media:Laurent.6.Permutation.6A.20230711.pdf|A.pdf]], [[Media:Laurent.5.Permutation.6B.20251225.pdf|B.pdf]], [[Media:Laurent.5.Permutation.6C.20260514.pdf|C.pdf]], [[Media:Laurent.5.Permutation.6C.20240528.pdf|D.pdf]]) * Applications ([[Media:Laurent.5.Application.6B.20220723.pdf|A.pdf]]) * Double Pole Case :- Examples ([[Media:Laurent.5.DPoleEx.7A.20220722.pdf|A.pdf]], [[Media:Laurent.5.DPoleEx.7B.20220720.pdf|B.pdf]]) :- Properties ([[Media:Laurent.5.DPoleProp.5A.20190226.pdf|A.pdf]], [[Media:Laurent.5.DPoleProp.5B.20190228.pdf|B.pdf]]) ====The Case Examples==== * Example Overview : ([[Media:Laurent.4.Example.0.A.20171208.pdf|0A.pdf]], [[Media:Laurent.6.CaseExample.0.B.20180205.pdf|0B.pdf]]) * Example Case 1 : ([[Media:Laurent.4.Example.1.A.20171107.pdf|1A.pdf]], [[Media:Laurent.4.Example.1.B.20171227.pdf|1B.pdf]]) * Example Case 2 : ([[Media:Laurent.4.Example.2.A.20171107.pdf|2A.pdf]], [[Media:Laurent.4.Example.2.B.20171227.pdf|2B.pdf]]) * Example Case 3 : ([[Media:Laurent.4.Example.3.A.20171017.pdf|3A.pdf]], [[Media:Laurent.4.Example.3.B.20171226.pdf|3B.pdf]]) * Example Case 4 : ([[Media:Laurent.4.Example.4.A.20171017.pdf|4A.pdf]], [[Media:Laurent.4.Example.4.B.20171228.pdf|4B.pdf]]) * Example Summary : ([[Media:Laurent.4.Example.5.A.20171212.pdf|5A.pdf]], [[Media:Laurent.4.Example.5.B.20171230.pdf|5B.pdf]]) ==''' Conformal Mapping '''== * Conformal Mapping ([[Media:CAnal.6.A.Conformal.20131224.pdf|6.A.pdf]], [[Media:CAnal.6.A.Octave..pdf|6.B.pdf]]) go to [ [[Electrical_%26_Computer_Engineering_Studies]] ] [[Category:Complex analysis]] o48k72j4zn5d40w7s952fu16xxgbfyt User talk:Renamed user 24570dcca963a292e9f367c2e9b95f06 3 188731 2809386 1375337 2026-05-15T00:11:43Z AccountVanishRequests 2988327 AccountVanishRequests moved page [[User talk:Zeglam~enwikiversity]] to [[User talk:Renamed user 24570dcca963a292e9f367c2e9b95f06]] without leaving a redirect: Automatically moved page while renaming the user "[[Special:CentralAuth/Zeglam~enwikiversity|Zeglam~enwikiversity]]" to "[[Special:CentralAuth/Renamed user 24570dcca963a292e9f367c2e9b95f06|Renamed user 24570dcca963a292e9f367c2e9b95f06]]" 1375337 wikitext text/x-wiki == Your account will be renamed == <div class="plainlinks mw-content-ltr" lang="en" dir="ltr"> Hello, The developer team at Wikimedia is making some changes to how accounts work, as part of our on-going efforts to provide new and better tools for our users like cross-wiki notifications. These changes will mean you have the same account name everywhere. This will let us give you new features that will help you edit and discuss better, and allow more flexible user permissions for tools. One of the side-effects of this is that user accounts will now have to be unique across all 900 Wikimedia wikis. See [[m:Special:MyLanguage/Single User Login finalisation announcement|the announcement]] for more information. Unfortunately, your account clashes with another account also called Zeglam. To make sure that both of you can use all Wikimedia projects in future, we have reserved the name Zeglam~enwikiversity that only you will have. If you like it, you don't have to do anything. If you do not like it, you can [[Special:GlobalRenameRequest|pick out a different name]]. Your account will still work as before, and you will be credited for all your edits made so far, but you will have to use the new account name when you log in. Sorry for the inconvenience. Yours,<br />[[m:User:Keegan (WMF)|Keegan Peterzell]]<br />Community Liaison, Wikimedia Foundation </div> 23:48, 17 March 2015 (UTC) <!-- SUL finalisation notification --> == Renamed == <div class="plainlinks mw-content-ltr" lang="en" dir="ltr”> This account has been renamed as part of [[m:Special:MyLanguage/Single User Login finalisation announcement|single-user login finalisation]]. If you own this account you can [[{{#special:userlogin}}|log in using your previous username and password]] for more information. If you do not like this account's new name, you can choose your own using this form after logging in: [[{{#special:GlobalRenameRequest}}]]. -- [[m:User:Keegan (WMF)|Keegan (WMF)]] ([[m:User talk:Keegan (WMF)|talk]]) </div> 06:25, 19 April 2015 (UTC) <!-- SUL post-rename notification --> jx8z3ytd22abi61v9aeyp3cjrgy6b0g Wikiversity:Curatorship 4 204760 2809325 2808993 2026-05-14T21:39:59Z Codename Noreste 2969951 /* What can't curators do? */ Rewriting for grammar. (using [[wikt:MediaWiki:Gadget-AjaxEdit.js|AjaxEdit]]) 2809325 wikitext text/x-wiki {{Policy|WV:CUR}} [[File:Wikiversity Curator.svg|right|130px|link=]] '''Curators''' are part of [[Wikiversity]]'s [[Wikiversity:Support staff|support staff]]. They can [[#Deletion of pages|delete]] pages, use [[Wikiversity:Rollback|rollback]], [[Wikiversity:Import|import]] from other wikis, and [[#Edit and move protection of pages|protect]] and unprotect pages. == How does one become a curator? == {{shortcut|WV:CUR/HOW}} Any [[Wikiversity:Who are Wikiversity participants?|Wikiversity participant]] willing to do a lot of [[#What can curators do?|dull and boring work]] for the community can become a curator. If you have a good editing record, then you are likely to be trusted and granted the privileges and responsibilities of curatorship. If you are still interested in being a curator, here is the process: {| style="border-collapse: collapse" border="1" cellpadding="4" | style="padding: 10px; text-align: center" | I | <div id="Request"> ;Request </div> You must request or be nominated for curatorship at [[Wikiversity:Candidates for Curatorship]]. State your reasons for seeking this position and in what areas you are or would like to be active. You may also refer to your contributions and indicate whether you have similar responsibilities at other projects. |- | style="padding: 10px; text-align: center" | II | <div id="Mentorship"> ;Mentorship </div> [[Wikiversity:List of custodian mentors|Custodian mentors]] are expected to guide and advise you on the appropriate use of curator privileges in accordance with established policy and community consensus. If any experienced custodian agrees to mentor you and you agree to their mentorship, then you will be approved as a curator. If you have any questions or concerns, you should contact your mentor(s) for guidance and advice. If you or your mentor terminate the mentorship agreement, you will have 48 hours to find a new mentor. Otherwise, your mentor may remove curator privileges after 48 hours without any further notice or community discussion. |} == What can curators do? == {{shortcut|WV:CUR/WHAT}} === Deletion of pages === {{see also|Wikiversity:Deletions}} [[File:Delete and Protect buttons.png|200px|right]] {{shortcut|WV:CUR/D}} Curators can delete pages including images, categories, templates, and so on. Deletion is subject to [[Wikiversity:Policies|policy]]. Deletion requests may be submitted by any user at [[Wikiversity:Requests for Deletion]]. Deleting a page does not actually remove it from the database. It merely becomes invisible to non-custodians and can be restored at request via [[Wikiversity:Requests for Deletion]]. Page deletions and restorations can be monitored by viewing the [[Special:Log/delete|deletion log]]. Curators may delete pages, but they do not have undelete rights. Before deleting a page, you are encouraged to read: [[Wikiversity:Welcome templates]]. === Edit and move protection of pages === {{See also|Wikiversity:Page protection}} Curators can [[Wikiversity:Page protection|protect pages]] to prevent editing. There are two types of page protection: semi-protection, which prevents anonymous and new users from editing, and full protection, which prevents all non-custodians and non-curators from editing. A page can also be protected to prevent moving. Page protection can be lifted by any custodian or curator upon request at [[Wikiversity:Request custodian action]]. Page protections and unprotections can be monitored by viewing the [[Special:Log/protect|protection log]]. === Rollback === {{see also|Wikiversity:Rollback}} [[Image:Rollback button.png|thumb|300px|Rollback button]] Curators have a ''[[Wikiversity:Rollback|rollback tool]]'' to revert the last change or group of changes made to a page by the same user. There is no option to provide an edit summary when using this tool. Instead, a summary such as "{{int:Revertpage}}" will be used automatically. This tool is primarily used to respond to obvious vandalism. For other edit reversions, the rollback button should not be used and a good edit summary should be provided. === Import === {{see also|Wikiversity:Import}} Curators have access to the [[Special:Import|import tool]], to bring in materials from projects such as Wikipedia, Wikibooks, Beta Wikiversity, Wikiquote, and Wikisource. == What can't curators do? == Curators cannot [[Wikiversity:Blocking policy|block users]] or assign user rights, as these actions require [[Wikiversity:Custodianship|custodian]] and [[Wikiversity:Bureaucratship|bureaucrat]] permissions, respectively. Removal of custodian and bureaucrat permissions can only be done by [[m:Steward requests/Permissions|stewards]] at Meta-Wiki. == How are curators expected to act? == {{shortcut|WV:CUR/E}} Curators are supposed to follow the same principles as every other user, including [[Wikiversity:Civility|being civil]], [[Wikiversity:Assume Good Faith|assuming good faith]], and understanding [[Wikiversity:What is Wikiversity?|what Wikiversity is]]. They are expected to act professionally, and to respect policy and [[Wikiversity:Consensus|community consensus]]. ==Problems with curators== {{shortcut|WV:CUR/P}} If you have a question about an action (page deletion, page protection, violation of Wikiversity policy or some other action that does serious damage to the project) by a Wikiversity curator, the first thing to do is leave a message on that curator's user discussion page. Curators should always be able to explain how their actions support the Wikiversity project. If you did not get a satisfactory answer after a discussion with the curator, follow up with their mentor. Actions of a curator are ultimately the responsibility of their mentor(s). Any custodian may remove a curator's rights, but first try to resolve all curator problems by discussion. Post a request at [[Wikiversity:Request custodian action]] if discussion does not successfully resolve the issue. == Notes == {{shortcut|WV:CUR/N}} * Curatorship is a responsibility, not a right. While everyone is encouraged to apply for curatorship, the position is not suited for everyone. Please also note that in all instances not listed above, curators have no more power or weight than other users. "Curatorship is not a big deal." * Curators should set their "user preferences" so as to provide for email contacts from other Wikiversity participants. If you do not use email, then you must make yourself easily available by some other means such as [[Wikiversity:Chat|IRC chat]]. * The maximum time period of inactivity without [[Wikiversity:Community Review|community review]] for curators is two years (consistent with the [[:meta:Category:Global policies|global policy]] described at [[meta:Admin activity review|Admin activity review]] which applies for [[Wikiversity:Custodianship#Notes|Custodians]] and [[Wikiversity:Bureaucratship|Bureaucrats]]). The curator should be [[Template:Inactive curator|notified on their talk page]] and, if there is no response after one month, a custodian will remove the rights. == Useful reads for curators == ===Wikiversity=== * [[Wikiversity:No shrines for vandals]] * [[Wikiversity:Policies]] * [[How to be a Wikimedia sysop/Wikiversity]] ===MediaWiki/Wikimedia=== * [[How to be a Wikimedia sysop]] * [[b:MediaWiki Administrator's Handbook|MediaWiki Administrator's Handbook]] ==See also== * [[Special:ListUsers/curator|List of current Wikiversity curators]] * [[Wikiversity:Bureaucratship]] * [[Wikiversity:Custodianship]] * [[Wikiversity:Support staff|Wikiversity:Staff]] [[Category:Wikiversity administration]] [[Category:Wikiversity curatorship]] [[Category:Wikiversity user roles]] 1pye7k7dex3e5tgtnukxxkuvsl18io1 Escuela de Lenguas UNLP/Academic Writing/Journalism/Research Laboratory of Socio-Urban Bonds 0 204925 2809461 2459707 2026-05-15T10:47:02Z Jtneill 10242 [[Category:Escuela de Lenguas UNLP/Academic Writing/Journalism]] 2809461 wikitext text/x-wiki The Laboratorio de Investigación de Lazos Socio-Urbanos (Research Laboratory of Socio-Urban Bonds, LILSU), is a unit of research founded in 2011 by an interdisciplinary group of teachers and researchers of the Facultad de Periodismo y Comunicación Social de la Universidad Nacional de La Plata (Journalism and Social Communication College of La Plata National University). The first project of the LILSU was a research about the construction and regeneration of socio-cultural bonds in urban spaces regarding two critical moments: the breakdown between the modern and post modern ages; and the collapse of the neo-liberal model that could be clearly materialized in the Argentinean uprising in 2001. Since 2006, this conceptual framework was the key for several research projects that took place in popular social clubs of town centers, the movement of self organized neighborhood groups (studied since 2010), and other public institutions such as social promotion centers, public libraries, cultural groups, meal centers and cooperatives. In the last projects, the analysis of other breakdowns and interventions in urban territories was added, particularly in the cities of La Plata, Berisso and Ensenada. These are closely related to socio-political, economic and environmental crises. In that sense, the latter investigation is linked to the heavy storms that hit the entire city of La Plata in 2013, causing extensive floods and all kinds of damages. The main objective of this analysis is to dig into the effect that the flooding had on the construction and regeneration of the social network facing the lack of response from the local authorities and the problematic relationship between the national and provincial state. Even when the LILSU has a specific object of study, its potentialities of research include an extensive area of priority knowledge for Social Sciences in general and Communication in particular, that is, to understand and explain the complexity of the urban net from its origins: the social bonds that weave it. [[Category:Escuela de Lenguas UNLP/Academic Writing/Journalism]] qqnds7vuoyemjmm75pdrzq63p8xdrmh Parabola 0 221838 2809272 2402121 2026-05-14T17:28:29Z Atcovi 276019 cat(s) 2809272 wikitext text/x-wiki [[File:20170525 Parabola y = (x^2)-(4q) 00.png|thumb|300px|''' Figure 1: The Parabola <math>y = \frac{x^2}{4q}</math>'''</br> Focus at point <math>F\ (0,q)</math></br> Vertex at origin <math>(0,0)</math></br> Directrix is line <math>y = -q</math></br> By definition <math>P_1F = P_1D_1,\ P_2F = P_2D_2,\ P_4F = P_4D_4.</math></br> <math>VF = VD_3 = q.</math></br> In Figure 1 <math>q = 1</math>]] In Cartesian geometry in two dimensions the <math>parabola</math> is the locus of a point that moves so that it is always equidistant from a fixed point and a fixed line. The fixed point is called the <math>focus</math> and the fixed line is called the <math>directrix</math>. Distance from <math>focus</math> to <math>directrix</math> is non-zero. See '''Figure 1.''' The focus is point <math>F\ (0,q)</math> and the directrix is line <math>D_1D_4</math><math>:\ y = -q.</math> The <math>vertex</math>, point <math>V</math><math>:\ (0,0)</math>, is half-way between focus and directrix. A <math>chord</math> is the segment of a line joining any two distinct points of the parabola. The line segment <math>P_2FP_4</math> is a chord. Because chord <math>P_2FP_4</math> passes through the focus <math>F</math>, it is called a <math>focal\ chord.</math> The focal chord parallel to the directrix is called the <math>latus\ rectum.</math> The line through the focus and perpendicular to the directrix is the <math>axis</math>, sometimes called <math>axis\ of\ symmetry</math>. Let an arbitrary point on the curve be <math>(x,y)</math>. By definition, <math>\sqrt{(x-0)^2 + (y-q)^2} = y + q</math>. This expression expanded gives: :<math>x^2 - 4qy = 0;\ y = \frac{x^2}{4q}</math>. If the equation of the curve is expressed as: <math>y = Kx^2</math>, then <math>K=\frac{1}{4q};\ 4Kq=1;\ q = \frac{1}{4K}</math> where the <math>focus</math> has coordinates <math>(0,q),</math> and <math>q</math> is the distance form vertex to focus. If the directrix is parallel to the <math>X</math> axis, then the parabola is the same as the familiar quadratic function. The general parabola allows for a directrix anywhere with any orientation. == The General Parabola == </br> Let the directrix be <math>ax + by + c = 0</math> where at least one of <math>a,b</math> is non-zero. Let the focus be <math>(p,q)</math>. Let <math>(x,y)</math> be any point on the curve. Distance from point <math>(x,y)</math> to focus <math>(p,q)</math> = <math>\sqrt{(x-p)^2 + (y-q)^2}</math>. Distance from point <math>(x,y)</math> to directrix (<math>ax + by + c = 0</math>) = <math>\frac{ax + by + c}{\sqrt{R}}</math> where <math>R = a^2 + b^2</math>. By definition these two lengths are equal: <math>\sqrt{(x-p)^2 + (y-q)^2} = \frac{ax + by + c}{\sqrt{R}}</math>. <math>\therefore\ \sqrt{R}\sqrt{(x-p)^2 + (y-q)^2} = ax + by + c</math>. Square both sides: <math>R((x-p)^2 + (y-q)^2) = (ax + by + c)^2</math>. <math>R((x-p)^2 + (y-q)^2) - (ax + by + c)^2 = 0</math>. Expand and the result is: <math>b^2x^2 -2abxy + a^2y^2 - 2(ac+pR)x - 2(bc+qR)y +R(p^2+q^2)-c^2 = 0\ \dots\ (1)</math>. <math>(1)</math> has the form of the equation of the conic section <math>Ax^2 + Bxy + Cy^2 + Dx + Ey + F = 0</math> where <math>\begin{align} A& = b^2\\ B& = -2ab\\ C&= a^2\\ D&= -2(ac+pR)\\ E&= -2(bc+qR)\\ F& = R(p^2+q^2)-c^2\\ \\ B&^2 -4AC = 0\\ R& = a^2 + b^2 \end{align}</math> <math>B^2 = 4AC</math> because this curve is a parabola. == An Example == {{RoundBoxTop|theme=2}} [[File:20170525 General parabola 00.png|thumb|300px|''' Figure 2: The Parabola <math>16x^2 + 24xy + 9y^2 - 20x -140y + 100 = 0</math>'''</br> Green line is <math>directrix:\ 3x - 4y - 5 = 0</math></br> Blue line is <math>axis:\ 4x + 3y - 10 = 0</math></br> Focus at point <math>F:\ (1,2)</math></br> Vertex at point <math>V:\ (1.6, 1.2)</math></br> <math>VF = 1.</math> Shape of curve is: <math>y = \frac{x^2}{4}.</math> ]] See Figure 2. <math>(a,b,c) = (3,-4,-5)</math> <math>(p,q) = (1,2)</math> The equation of the parabola is derived as follows: <math>\begin{align} &A = b^2 = (-4)^2 = 16\\ &B = -2ab = -2(3)(-4) = 24\\ &C = a^2 = (3)^2 = 9\\ &R = a^2 + b^2 = 25\\ &D = -2(ac + pR) = -2((3)(-5) + (1)(25)) = -2(-15+25) = -2(10) = -20\\ &E = -2(bc + qR) = -2((-4)(-5) + (2)(25)) = -2(20 + 50) = -2(70) = -140\\ &F = R(p^2 + q^2) - c^2 = 25(1 + 4) - 25 = 100 \end{align}</math> The equation of the parabola in Figure 2 is: <math>16x^2 + 24xy + 9y^2 -20x -140y + 100 = 0.</math> Equation of directrix in normal form: <math>\frac{3}{5}x - \frac{4}{5}y - 1 = 0.</math> Distance from <math>focus</math> to <math>directrix = \frac{3}{5}(1) - \frac{4}{5}(2) - 1 = -2.</math> Distance from vertex to focus <math>= 1 = \frac{1}{4K}</math>. Therefore, curve has shape of <math>y = Kx^2</math> where <math>K = \frac{1}{4}</math>. {{RoundBoxTop|theme=2}} Caution: An interesting situation occurs if the focus is on the directrix. Consider the directrix: <math>4x - 3y + 15 = 0</math> and the focus <math>(3,9)</math> which is on the directrix. <math>a = 4,\ b =-3,\ c =15,\ p=3,\ q=9</math> In this case the "parabola" has equation: <math>9xx + 24xy + 16yy - 270x - 360y + 2025 = 0</math>. This seems to be the equation of a parabola because <math>B^2 - 4AC = 0</math>, but look closely. <math>9xx + 24xy + 16yy - 270x - 360y + 2025 = (3x+4y-45)^2</math>. The result is a line through the focus and normal to the directrix. If you solve for <math>p, q, c</math> using the algebraic solutions, you will produce the values <math>3, 9, 15</math> as above. However, the distance between focus and directrix = <math>\frac{4}{5}x + \frac{-3}{5}y + 3</math> where <math>x = p;\ y = q;</math> distance <math>= \frac{4}{5}(3) + \frac{-3}{5}(9) + 3 = 0.</math> {{RoundBoxBottom}} {{RoundBoxBottom}} == Reverse-Engineering the Parabola == {{RoundBoxTop|theme=2}} [[File:20170526 Parabola and 2 tangents 00.png|thumb|300px| '''Figure 3: Parabola with 2 tangents parallel to axes.'''</br> Tangent <math>ABC: y = \frac{16}{3}</math>.</br> Tangent <math>ADE: x = -0.25</math>.</br> Point <math>A</math> on directrix, oblique, thin, black line.<math></math></br> Line <math>AFG</math> perpendicular to focal chord <math>BFD.</math></br> Focus at <math>F: (1,7)</math>.]] Given a parabola in form <math>Ax^2 + Bxy + Cy^2 + Dx + Ey + F = 0</math> the aim is to produce the directrix and the focus. We will solve the example shown in Figure 3: <math>9x^2 - 24xy + 16y^2 + 70x - 260y + 1025 = 0</math>, where: <math>\begin{align} A&=9\\ B&=-24\\ C&=16\\ D&=70\\ E&=-260\\ F&=1025 \end{align}</math> <math>a = \sqrt{C} = 4;\ b = \frac{-B}{2a} = \frac{-(-24)}{8} = 3</math>. ===Method 1. By analytical geometry=== {{RoundBoxTop|theme=2}} Find two tangents that intersect at a right angle. The simplest to find are those that are parallel to the axes. {{RoundBoxTop|theme=2}} Put the equation of the parabola in the form of a quadratic in <math>x</math>. <math>Ax^2 + Bxy + Dx + Cy^2 + Ey + F = 0</math> <math>Ax^2 + (By + D)x + (Cy^2 + Ey + F) = 0</math> At the tangent there is exactly one value of <math>x</math>. Therefore the discriminant must be <math>0</math>. <math> (By + D)^2 - 4(A)(Cy^2 + Ey + F) = 0 </math> <math>BByy + 2BDy + DD -4ACyy - 4AEy -4AF = 0</math> <math>(BB-4AC)yy + (2BD-4AE)y + (DD-4AF) = 0</math> In the general parabola <math>B^2-4AC = 0</math> therefore <math>y=\frac{4AF-DD}{2BD-4AE}</math>. In this example <math>y=\frac{16}{3};\ x=\frac{-(By+D)}{2A}=\frac{29}{9}</math>. Point <math>B (x_1, y_1)</math> has coordinates <math>(\frac{29}{9},\ \frac{16}{3})</math>. The line <math>ABC</math> is tangent to the curve at <math>B</math> and has equation: <math>y=\frac{16}{3}</math>. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} Put the equation of the parabola in the form of a quadratic in <math>y</math>: <math>Cy^2 + (Bx+ E)y + (Ax^2 + Dx + F) = 0</math>. By using calculations similar to the above, <math>x = \frac{4CF-EE}{2BE-4CD} = -0.25</math> and <math>y = \frac{-(Bx+E)}{2C} = 7.9375</math>. Point <math>D(x_2,y_2)</math> has coordinates <math>(-0.25,\ 7.9375)</math>. The line <math>ADE</math> is tangent to the curve at <math>D</math> and has equation: <math>x=-0.25</math>. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} Point <math>A</math> at the intersection of the two tangents has coordinates <math>(x_2,y_1)=(-0.25,\ \frac{16}{3})</math>, and point <math>A</math> is on the directrix, the equation of which is: <math>ax+by+c=0</math>. Put known values into the equation of the directrix: <math>(4)(-0.25) + (3)\frac{16}{3}+c=0</math>. Therefore <math>c = -15</math> and the equation of the directrix is: <math>4x+3y-15=0</math>. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} The coordinates of points <math>B,D</math> are known. Therefore chord <math>BD</math> is defined as: <math>\frac{3}{5}x+\frac{4}{5}y-6.2=0</math>. Draw the line <math>AG</math> perpendicular to <math>BD</math>. The line <math>AG</math> is defined as: <math>\frac{4}{5}x - \frac{3}{5}y+3.4 = 0</math>. Point <math>F</math> at the intersection of lines <math>BD, AG</math> is the focus with coordinates <math>(1,7)</math>. {{RoundBoxBottom}} {{RoundBoxBottom}} ===Method 2. By algebra=== {{RoundBoxTop|theme=2}} :<math>\begin{align} A&=b^{2}\\ B&=-2ab\\ C&=a^{2}\\ D&=-2(ac+pR)\\ E&=-2(bc+qR)\\ F&=R(p^{2}+q^{2})-c^{2}\\ \\ B&^{2}-4AC=0\\ R&= a^2 + b^2 \end{align}</math> After rearranging the above values, there are three equations to be solved for three unknowns: <math>p, q, c</math>: :<math>\begin{align} D + 2ac + 2pR = 0\\ E + 2bc + 2qR = 0\\ F - Rpp - Rqq + cc = 0 \end{align}</math> The solutions are: <math>c = \frac{ 4FR - (DD + EE ) }{ 4Da + 4Eb }</math> <math>p = \frac{ -(D+2ac) }{ 2R }</math> <math>q = \frac{ -(E+2bc) }{ 2R }</math> {{RoundBoxTop|theme=2}} If <math>b</math> is <math>0,\ A = B = 0,\ R = a^2 = C,</math> the parabola becomes the quadratic: <math>-Dx = Cy^2 + Ey + F</math> and: :<math>\begin{align} p& = \frac{E^2 - D^2 -4FC}{4CD}\\ q& = \frac{-E}{2C}\\ c& = \frac{ 4FC - (DD + EE ) }{ 4Da } \end{align}</math> The directrix has equation: <math>ax + c = 0;\ ax = -c;\ x = \frac{DD+EE - 4FC}{4CD}</math>. If <math>D</math> is <math>-1</math>, then: :<math>\begin{align} x& = Cy^2 + Ey + F\\ p& = \frac{E^2 - 1 -4FC}{4C(-1)} = \frac{1 - (E^2 - 4CF)}{4C}\\ q& = \frac{-E}{2C} \end{align}</math> The directrix has equation: <math>x = \frac{-1-(E^2-4CF)}{4C}</math>. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} If <math>a</math> is <math>0,\ B = C = 0,\ R = b^2 = A,</math> the parabola becomes the quadratic: <math>-Ey = Ax^2 + Dx + F</math> and: :<math>\begin{align} p& = \frac{-D}{2A}\\ q& = \frac{D^2 - E^2 - 4FA}{4EA}\\ c& = \frac{ 4FA - (DD + EE ) }{ 4Eb } \end{align}</math> The directrix has equation: <math>by + c = 0;\ by = -c;\ y = \frac{ DD + EE - 4FA }{ 4EA }</math>. [[File:Quadratic function graph key values.svg|thumb|Graph of quadratic function</br> <math>y = x^2 - 2x - 3</math> showing :</br> * X and Y intercepts in red,</br> * vertex and axis of symmetry in blue,</br> * focus and directrix in pink.]] If <math>E</math> is <math>-1</math>, then: :<math>\begin{align} y& = Ax^2 + Dx + F\\ p& = \frac{-D}{2A}\\ q& = \frac{D^2 - 1 - 4FA}{4(-1)A} = \frac{1-(D^2 - 4AF)}{4A} \end{align}</math> The directrix has equation: <math>y = \frac{-1-(D^2-4AF)}{4A}</math>. These values agree with the corresponding values in the graph of <math>y = x^2 - 2x - 3</math> to the right. {{RoundBoxBottom}} {{RoundBoxBottom}} {{RoundBoxBottom}} == Slope of the Parabola == </br> Consider parabola <math>Ax^2 + Bxy + Cy^2 + Dx + Ey + F = 0</math> and line <math>y = mx + c.</math> Let point <math>(X,Y)</math> be any point on the line. Therefore <math>Y = mX + c;\ c = Y - mX;\ y = mx + (Y - mX).</math> Let the line intersect the parabola. Substitute the above value of <math>y</math> into the equation of the parabola and expand: :<math>\begin{align} (+ A + Bm + Cmm)&xx+\\ (- BXm + BY - 2CXmm + 2CYm + D + Em)&x+\\ (+ CXXmm - 2CXYm + CYY - EXm + EY + F)& = 0 \end{align}</math> We want the line to be tangent to the curve. Therefore <math>x</math> must have exactly one value and the discriminant is <math>0.</math> Discriminant = :<math>\begin{align} (- BXm + BY - 2CXmm + 2CYm + D + Em)(- BXm + BY - 2CXmm + 2CYm + D + Em)&\\ - 4(+ A + Bm + Cmm)(+ CXXmm - 2CXYm + CYY - EXm + EY + F)& = 0 \end{align}</math> The above discriminant is a quadratic in <math>m</math>: :<math>\begin{align} (- 4ACXX + BBXX + 2BEX - 4CDX - 4CF + EE)&mm+\\ (+ 8ACXY + 4AEX - 2BBXY - 2BDX - 2BEY - 4BF + 4CDY + 2DE)&m+\\ (- 4ACYY - 4AEY - 4AF + BBYY + 2BDY + DD)& = 0 \end{align}</math> <math>m = \frac{ -(+ 8ACXY + 4AEX - 2BBXY - 2BDX - 2BEY - 4BF + 4CDY + 2DE) \pm \sqrt{R} }{ 2 (- 4ACXX + BBXX + 2BEX - 4CDX - 4CF + EE) }</math> where: :<math>\begin{align} R =&\ 16 (AXX + BXY + CYY + DX + EY + F) (-4ACF+AEE+BBF-BDE+CDD) \end{align}</math> If the point <math>(X,Y)</math> is on the curve, then the line touches the curve at <math>(X,Y)</math> and: :<math>\begin{align} (AX&X + BXY + CYY + DX + EY + F) = 0;\ R = 0\\ \\ m =&\ \frac{ -(+ 8ACXY + 4AEX - 2BBXY - 2BDX - 2BEY - 4BF + 4CDY + 2DE) }{ 2 (- 4ACXX + BBXX + 2BEX - 4CDX - 4CF + EE) }\\ \\ =&\ \frac{ 2BBXY - 8ACXY + 2BDX - 4AEX + 2BEY - 4CDY + 4BF - 2DE }{ 2 (BBXX - 4ACXX + 2BEX - 4CDX + EE - 4CF) }\\ \\ =&\ \frac{ (BB - 4AC)XY + (BD - 2AE)X + (BE - 2CD)Y + 2BF - DE }{ (BB - 4AC)XX + (2BE - 4CD)X + EE - 4CF }\\ \\ =&\ \frac{ (BD - 2AE)X + (BE - 2CD)Y + 2BF - DE }{ (2BE - 4CD)X + EE - 4CF } \end{align}</math> because <math>B^2 -4AC = 0</math> for a parabola. When slope is displayed in this format, we see that slope is vertical if <math> (2BE - 4CD)X + EE - 4CF = 0. </math> The line <math>x = \frac{4CF-EE}{2BE-4CD}</math> is tangent to the curve. {{RoundBoxTop|theme=2}} Let the equation of a line be: <math>x = My + c</math> in which case <math>M = \frac{1}{m}.</math> By using calculations similar to the above it can be shown that: <math>M = \frac{ (BD - 2AE)X + (BE - 2CD)Y + 2BF - DE }{ (2BD - 4AE)Y + DD - 4AF }</math>. <math>m = \frac{1}{M}</math> therefore: <math>m= \frac { (2BD - 4AE)Y + DD - 4AF }{ (BD - 2AE)X + (BE - 2CD)Y + 2BF - DE }</math> When slope is displayed in this format, we see that slope is zero if <math> (2BD - 4AE)Y + DD - 4AF = 0 </math>. The line <math>y = \frac{4AF-DD}{2BD-4AE}</math> is tangent to the curve. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} This examination of the parabola has produced two expressions for slope of the parabola: <math>m = \frac { (2BD - 4AE)y + DD - 4AF } { (BD - 2AE)x + (BE - 2CD)y + 2BF - DE } = \frac{ (BD - 2AE)x + (BE - 2CD)y + 2BF - DE } { (2BE - 4CD)x + EE - 4CF } </math>. where the point <math>(x, y)</math> is any arbitrary point on the curve. Therefore <math>m = \pm\sqrt{ \frac{ (2BD - 4AE)y + DD - 4AF } { (2BE - 4CD)x + EE - 4CF } }</math>. This formula for <math>m</math> contains both tangents parallel to the axes and is derived without calculus. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} The formula from calculus below is simpler and unambiguous concerning sign. :<math>\begin{align} Ax^2 + Bxy + Cy^2 + Dx + Ey + F = 0\\ \\ \frac{d}{dx}(Ax^2 + Bxy + Cy^2 + Dx + Ey + F) = 0\\ \\ A(2x) + B(x\frac{dy}{dx} + y \frac{dx}{dx} ) + C(2y\frac{dy}{dx}) + D + E(\frac{dy}{dx}) = 0\\ \\ A(2x) + B( x\frac{dy}{dx} + y ) + C(2y\frac{dy}{dx}) + D + E(\frac{dy}{dx}) = 0\\ \\ 2Ax + Bx\frac{dy}{dx} + By + 2Cy\frac{dy}{dx} + D + E\frac{dy}{dx} = 0\\ \\ \frac{dy}{dx}(Bx + 2Cy + E) = -(2Ax + By + D)\\ \\ m = \frac{dy}{dx} = \frac{-(2Ax + By + D)}{Bx + 2Cy + E} \end{align}</math> {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} The slope of the parabola is <math>0</math> where <math>(2BD - 4AE)y + DD - 4AF = 0;\ 2Ax + By + D = 0;</math> or: <math>y = \frac{4AF-DD}{2BD-4AE};\ x = \frac{-(By+D)}{2A}.</math> The slope of the parabola is vertical where <math>(2BE - 4CD)x + EE - 4CF = 0;\ Bx + 2Cy + E = 0;</math> or: <math>x = \frac{4CF - EE}{2BE-4CD};\ y = \frac{-(Bx+E)}{2C}.</math> {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} Caution: If the curve is <math>y = Kx^2</math>, the slope can never be vertical. If the curve is <math>x = Ky^2</math>, the slope can never be <math>0</math>. {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} If <math>B=C=0</math> and <math>E=-1</math>, the equation of the parabola becomes: <math>y = Ax^2 + Dx + F</math> and: :<math>\begin{align} m =&\ \frac { (2BD - 4AE)y + DD - 4AF } { (BD - 2AE)x + (BE - 2CD)y + 2BF - DE }\\ \\ =&\ \frac { (- 4A(-1))y + DD - 4AF } { (- 2A(-1))x - D(-1) } = \frac { 4Ay + DD - 4AF } { 2Ax + D }\\ \\ =&\ \frac { 4A(Ax^2+Dx+F) + DD - 4AF } { 2Ax + D } = \frac { 4A^2x^2+4ADx+4AF + DD - 4AF } { 2Ax + D }\\ \\ =&\ \frac { 4A^2x^2+4ADx + DD } { 2Ax + D }\\ \\ =&\ 2Ax + D\\ \\ m =&\ \frac{ (BD - 2AE)x + (BE - 2CD)y + 2BF - DE } { (2BE - 4CD)x + EE - 4CF }\\ \\ =&\ \frac{ ((0)D - 2A(-1))x + ((0)E - 2(0)D)y + 2(0)F - D(-1) } { (2(0)E - 4(0)D)x + (-1)(-1) - 4(0)F }\\ \\ =&\ \frac{ ( - 2A(-1))x - D(-1) } { (-1)(-1) }\\ \\ =&\ 2Ax + D\\ \\ m =&\ \frac{-(2Ax + By + D)}{Bx + 2Cy + E}\\ \\ =&\ \frac{-(2Ax + (0)y + D)}{(0)x + 2(0)y + (-1)}\\ \\ =&\ 2Ax + D \end{align}</math> {{RoundBoxBottom}} ===Point at given slope=== {{RoundBoxTop|theme=2}} Given parabola defined by <math>A, B, C, D, E, F</math> and slope <math>m = \frac{yvalue}{xvalue}</math> where at least one of <math>yvalue, xvalue</math> is non-zero, calculate point at which the slope is <math>m.</math> Let <math>m = \frac{-(2Ax + By + D)}{Bx + 2Cy + E} = \frac{s}{t} = \frac{yvalue}{xvalue}</math> Then <math>s(Bx + 2Cy + E) + t(2Ax + By + D) = 0.</math> Let <math>G = (Bs + 2At);\ H = (2Cs + Bt);\ I = (Es + Dt).</math> Then <math>Gx + Hy + I = 0\ \dots\ (1)</math> Substitute in the equation of the parabola and <math>y = \frac{-(AII - DGI + FGG)}{(2AHI - BGI - DGH + EGG)}\ \dots\ (2)</math> As shown below, with a little manipulation of the data, the same formula can be used to calculate <math>x.</math> {{RoundBoxTop|theme=2}} Equation <math>(1)</math> above is the equation of a straight line with slope <math>\frac{-G}{H}.</math> Substitute for <math>G, H</math> and the slope of <math>(1)</math> becomes <math>\frac{b}{a}.</math> Equation <math>(1)</math> is that of a line parallel to the axis of symmetry of the parabola. It is possible for both both <math>G, H</math> to equal <math>0</math> in which case the calculation of <math>y, (2)</math> above fails as an attempt to divide by <math>0.</math> See caution under [[Parabola#Slope_of_the_Parabola | "Slope of the Parabola"]] above. {{RoundBoxBottom}} {{RoundBoxBottom}} ====Implementation==== {{RoundBoxTop|theme=2}} <syntaxhighlight lang=python> # python code def pointAtGivenSlope(parabola, tangent) : s,t = tangent if s == t == 0 : print ('pointAtGivenSlope(): both s,t can not be 0.') return None def calculate_y (parabola, tangent) : A,B,C,D,E,F = parabola s,t = tangent G = B*s + 2*A*t ; H = 2*C*s + B*t ; I = E*s + D*t return -(A*I*I - D*G*I + F*G*G) / (2*A*H*I - B*G*I - D*G*H + E*G*G) y = calculate_y (parabola, tangent) A,B,C,D,E,F = parabola x = calculate_y ((C,B,A,E,D,F), (t,s)) return x,y </syntaxhighlight> {{RoundBoxBottom}} =====Examples===== {{RoundBoxTop|theme=2}} A parabola is defined as <math>9x^2 - 24xy + 16y^2 + 70x - 260y + 1025 = 0.</math> {{RoundBoxTop|theme=2}} Calculate coordinates of vertex. At vertex tangent has same slope as directrix. <syntaxhighlight lang=python> # python code parabola = A, B, C, D, E, F = 9, -24, 16, 70, -260, 1025 a = C**.5 b = -B/(2*a) tangent = -a,b result = pointAtGivenSlope(parabola, tangent) print (result) </syntaxhighlight> <syntaxhighlight lang=python> (0.2, 6.4) </syntaxhighlight> {{RoundBoxBottom}} {{RoundBoxTop|theme=2}} Calculate point at which tangent is vertical. <syntaxhighlight lang=python> # python code parabola = A, B, C, D, E, F = 9, -24, 16, 70, -260, 1025 tangent = 1,0 result = pointAtGivenSlope(parabola, tangent) print (result) </syntaxhighlight> <syntaxhighlight lang=python> (-0.25, 7.9375) </syntaxhighlight> {{RoundBoxBottom}} {{RoundBoxBottom}} == Parabola and any chord == </br> [[File:20170418ParabolaWithChord&2tangents.pdf|thumb|350px| '''Figure 4: Parabola and any chord.'''</br> Origin <math>(0,0)</math> at point <math>O;</math> curve<math>:</math> <math>y = Kx^2;</math> </br> chord <math>IJ</math><math>:\ y = mx + c;</math> point <math>L</math><math>:\ (0,c);</math></br> 2 tangents<math>:</math> <math>IN, JN;</math> point <math>N</math><math>:\ (\frac{m}{2K}, -c)</math> ]] Refer to Figure 4. The curve has equation: <math>y=Kx^2.</math> The chord <math>IJ</math> has equation: <math>y=mx+c</math>. Point <math>L</math> has coordinates <math>(0,c).</math> Line <math>IN</math> is tangent to the curve at <math>I.</math> Line <math>JN</math> is tangent to the curve at <math>J.</math> This section shows that point <math>N</math> has coordinates <math>(\frac{m}{2K}, -c).</math> :<math>\begin{align} y =&\ Kx^2 = mx + c\\ \\ Kx^2& -mx -c = 0\\ \\ x =&\ \frac{m \pm \sqrt{m^2+4Kc}}{2K}\\ \\ =&\ \frac{m \pm R}{2K} \end{align}</math> where <math>R = \sqrt{m^2+4Kc}</math> Point <math>I</math> has coordinates <math>(x_1,y_1)</math> where: <math>x_1 = \frac{m-R}{2K}</math>, <math>y_1 = Kx_1^2 = K (\frac{m-R}{2K})(\frac{m-R}{2K}) = \frac{m^2-2mR+R^2}{4K} = \frac{m^2-mR+2Kc}{2K} </math>, and slope of tangent <math>IN = s_1 = 2Kx_1 = m-R.</math> Point <math>J</math> has coordinates <math>(x_2,y_2)</math> where: <math>x_2 = \frac{m+R}{2K}</math>, <math>y_2 = \frac{m^2+mR+2Kc}{2K} </math>, and slope of tangent <math>JN = s_2 = m+R.</math> Points <math>D,E</math> have coordinates <math>(x_1,0),(x_2,0).</math> Equation of tangent <math>IN:</math> :<math>\begin{align} y =&\ s_1x+c_1\\ c_1 =&\ y_1-s_1x_1 = \frac{m^2-mR+2Kc}{2K}-(m-R)(\frac{m-R}{2K}) = \frac{-(m^2-mR+2Kc)}{2K}\\ y =&\ (m-R)x-\frac{m^2-mR+2Kc}{2K} \end{align}</math> Equation of tangent <math>JN:</math> :<math>\begin{align} y = (m+R)x-\frac{m^2+mR+2Kc}{2K} \end{align}</math> At point of intersection <math>N,\ (m+R)x-\frac{m^2+mR+2Kc}{2K} = (m-R)x-\frac{m^2-mR+2Kc}{2K};\ x= \frac{m}{2K}. </math> Review the <math>X</math> coordinates of points <math>D,E</math><math>:\ (\frac{m-R}{2K}, \frac{m+R}{2K})</math>. The line <math>NGH</math> with equation <math>x=\frac{m}{2K}</math> bisects the line segment <math>DE</math> and also the chord <math>IJ</math> at point <math>H</math>. Any chord parallel to <math>IJ</math> has two tangents that intersect on the line <math>x= \frac{m}{2K}</math>. Any chord parallel to <math>IJ</math> is bisected by the line <math>x= \frac{m}{2K}</math>. The <math>Y</math> coordinate of point <math>N:</math> <math></math> :<math>\begin{align} y =&\ s_1(\frac{m}{2K}) + c_1\\ =&\ (m-R)(\frac{m}{2K}) - \frac{m^2-mR+2Kc}{2K}\\ =&\ \frac{m^2-mR}{2K} - \frac{m^2-mR+2Kc}{2K}\\ =&\ \frac{-2Kc}{2K}\\ =&\ -c \end{align}</math> Any chord that passes through the point <math>L\ (0,c)</math> has two tangents that intersect on the line <math>y=-c</math>. '''Angle <math>INJ</math>''' {{RoundBoxTop|theme=2}} Using: :<math>\begin{align} \tan(A-B) =&\ \frac{\tan(A) - \tan(B)}{1+ \tan(A)\tan(B)}\\ \\ \tan(\angle INJ) =&\ \frac{(m-R)-(m+R)}{1+(m-R)(m+R)}\\ \\ =&\ \frac{-2R}{1+(m^2-R^2)}\\ \\ =&\ \frac{-2R}{1+m^2-(m^2+4Kc)}\\ \\ =&\ \frac{-2R}{1-4Kc}\\ \\ =&\ \frac{2\sqrt{m^2+4Kc}} {4Kc-1} \end{align}</math> If <math>4Kc > 1</math>, point <math>L</math> is above the <math>focus,\ \tan(\angle INJ)</math> is positive and <math>0</math>° <math>< \angle INJ < 90</math>°. <math>\angle INJ</math> is acute and, as <math>m</math> increases, <math>\angle INJ</math> increases, approaching <math>90</math>°. If <math>4Kc == 1</math>, point <math>L</math> is on the <math>focus,\ \tan(\angle INJ) = \frac{2\sqrt{m^2+1}} {0},\ \angle INJ = 90</math>° and the line <math>y = -c</math> is the <math>directrix</math>. If <math>4Kc < 1</math>, point <math>L</math> is below the <math>focus,\ \tan(\angle INJ)</math> is negative and <math>90</math>° <math>< \angle INJ < 180</math>°. <math>\angle INJ</math> is obtuse and, as <math>m</math> increases, <math>\angle INJ</math> decreases, approaching <math>90</math>°. {{RoundBoxBottom}} ==Parabola and two tangents== </br> [[File:20170418ParabolaWithChord&2tangents.pdf|thumb|350px| '''Figure 5: Parabola and two tangents.'''</br> Origin <math>(0,0)</math> at point <math>O;</math> curve<math>:</math> <math>y = Kx^2;</math> </br> point <math>N</math><math>:\ (h, -c);</math> 2 tangents<math>:</math> <math>NI, NJ;</math></br> chord <math>IJ</math><math>:\ y = 2Khx + c;</math> point <math>L</math><math>:\ (0,c);</math> ]] Refer to Figure 5. The curve has equation: <math>y=Kx^2.</math> Point <math>N</math> with coordinates <math>(h,-c)</math> is any point on the line <math>y=-c.</math> Line <math>NI</math> is tangent to the curve at point <math>I\ (x_1,y_1)</math>. Line <math>NJ</math> is tangent to the curve at point <math>J\ (x_2,y_2)</math>. This section shows that the chord <math>IJ</math> passes through the point <math>(0,c).</math> Equation of any line through point <math>N:\ y=mx-c-mh</math> Let this line intersect the curve: <math>y = Kx^2 = mx-c-mh</math> <math>Kx^2 -mx +c+mh = 0</math> <math>x = \frac{m \pm \sqrt{m^2-4K(mh+c)}}{2K} = \frac{m \pm \sqrt{m^2-4Kmh-4Kc}}{2K}</math> We want this line to be a tangent to the curve, therefore <math>x</math> has exactly one value and the discriminant is <math>0</math>: :<math>\begin{align} m^2 -& 4Kmh - 4Kc = 0\\ \\ m =&\ \frac{4Kh \pm \sqrt{(4Kh)^2 - 4(1)(-4Kc)}} {2}\\ \\ =&\ \frac{4Kh \pm \sqrt{16K^2h^2 + 16Kc}}{2}\\ \\ =&\ 2Kh \pm 2R \end{align}</math> where <math>R=\sqrt{K^2h^2+Kc}</math> <math>m_1=2Kh-2R=</math> slope of tangent <math>NI</math>. <math>m_2=2Kh+2R =</math> slope of tangent <math>NJ</math>. :<math>\begin{align} x =&\ \frac{m}{2K}\\ \\ x_1 =&\ \frac{m_1}{2K} = \frac{2Kh-2R}{2K} = \frac{Kh-R}{K}\\ \\ y_1 =&\ Kx_1^2 = K(\frac{Kh-R}{K})(\frac{Kh-R}{K}) = \frac{(Kh-R)(Kh-R)}{K}\\ \\ x_2 =&\ \frac{Kh+R}{K}\\ \\ y_2 =&\ \frac{(Kh+R)(Kh+R)}{K} \end{align}</math> Slope of chord <math>IJ</math> :<math>\begin{align} =&\ \frac{y_2-y_1}{x_2-x_1}\\ \\ =&\ ( \frac{(Kh+R)(Kh+R)}{K} - \frac{(Kh-R)(Kh-R)} {K} )/( \frac{Kh+R}{K} - \frac{Kh-R}{K} )\\ \\ =&\ ( \frac{KKhh + 2KhR + RR - (KKhh-2KhR+RR)}{K} )/( \frac{2R}{K} )\\ \\ =&\ ( \frac{4KhR}{K} )( \frac{K}{2R} )\\ \\ =&\ 2Kh \end{align}</math> Intercept of chord <math>IJ</math> on the <math>Y</math> axis :<math>\begin{align} =&\ y_1 - 2Khx_1\\ \\ =&\ \frac{(Kh-R)(Kh-R)}{K} - 2Kh \frac{Kh-R}{K}\\ \\ =&\ \frac{KKhh - 2KhR + RR}{K} - \frac{2Kh(Kh-R)}{K}\\ \\ =&\ \frac{KKhh - 2KhR + RR - 2KhKh+2KhR}{K}\\ \\ =&\ \frac{KKhh + RR - 2KhKh}{K}\\ \\ =&\ \frac{-KKhh + KKhh+Kc }{K}\\ \\ =&\ \frac{+Kc }{K}\\ \\ =&\ c \end{align}</math> Angle <math>INJ</math> ---------------------- If <math>\angle INJ == 90</math>° :<math>\begin{align} &(m_1)(m_2) = -1\\ \\ &(2Kh-2R)(2Kh+2R) = -1\\ \\ &4(KKhh-RR) = -1\\ \\ &4(KKhh-(KKhh+Kc)) = -1\\ \\ &4(-Kc) = -1\\ \\ &4Kc =1 \end{align}</math> In the basic parabola <math>y = \frac{x^2}{4q}</math> where the <math>focus</math> has coordinates <math>(0,q)</math>. <math>y=Kx^2 \therefore K=\frac{1}{4q}</math> or <math>4Kq = 1.</math> If <math>4Kc == 1,</math> then <math>(0,c)</math> and <math>(0,q)</math> are the same point, the chord <math>IJ</math> passes through the <math>focus</math> and the line <math>y = -c</math> is the <math>directrix</math>. == Area enclosed between parabola and chord == ===Introduction=== {{RoundBoxTop|theme=2}} [[File:20170526 Parabola and 2 chords 00.png|thumb|300px|''' Figure 6: The Parabola: <math>y = x^2</math>'''</br> Chord <math>DC</math>, parallel tangent <math>AOB</math> and area <math>DOCD.</math></br> <math>\ \ \ \ \ \ base = CD = 2.\ height = H_1T_1 = 1.</math></br> Chord <math>OC</math>, parallel tangent <math>GHI</math> and area <math>OHCO</math>.</br> <math>\ \ \ \ \ \ base = OC = \sqrt{2}.\ height = H_2T_2 = \frac{\sqrt{2}}{8}.</math> ]] See Figure 6. The curve is: <math>y = x^2</math>. Integral is: <math>\frac{x^3}{3}</math>. Area under curve <math>(OBC)</math> :<math>\begin{align} x =& 1\\ =\ \ \ \ \ &[\frac{x^3}{3}] = \frac{1}{3}\\ x =& 0 \end{align}</math> Area under curve <math>(DOC) = </math> area<math>(OAD)+</math> area<math>(OBC) = \frac{2}{3}</math> Area between chord <math>DC</math> and curve <math>DOC = 2 - \frac{2}{3} = \frac{4}{3}</math>. Consider the chord <math>CD</math>. Call this the <math>base</math> with value <math>2</math>. The tangent <math>AOB</math> through the origin is parallel to <math>base\ (DC)</math>, and the perpendicular distance between <math>AB, DC\ (H_1T_1)</math> is <math>1</math>. Call this distance the <math>height</math> with value <math>1</math>. In this case the area enclosed between chord <math>DC</math> and curve <math>DOC = \frac{2}{3}(base)(height) = \frac{2}{3}(2)(1)=\frac{4}{3},</math> the same as that calculated earlier. Consider the chord <math>OC</math> and curve <math>OHC.</math> By inspection the area between chord <math>OC</math> and curve <math>OHC = \frac{1}{2} - \frac{1}{3} = \frac{1}{6}.</math> Chord <math>OC</math> has equation <math>y=x;\ x-y = 0;\ \frac{x}{\sqrt{2}} - \frac{y}{\sqrt{2}} = 0</math> in normal form. The line <math>GHI</math> is parallel to <math>base\ OC</math> and touches the curve at <math>H(\frac{1}{2},\ \frac{1}{4}).</math> Distance from <math>H</math> to chord <math>OC = H_2T_2 = \frac{1/2}{\sqrt{2}} - \frac{1/4}{\sqrt{2}} = \frac{1}{4\sqrt{2}} = \frac{\sqrt{2}}{8} = height.</math> Length of <math>OC = \sqrt{2} = base.</math> Area between chord <math>OC</math> and curve <math>OHC = \frac{2}{3}(base)(height) = \frac{2}{3}(\sqrt{2})(\frac{\sqrt{2}}{ 8 }) = \frac{2}{3}(\frac{1}{4}) = \frac{1}{6},</math> the same as that calculated earlier. These observations suggest that the area enclosed between chord and curve <math>= \frac{2}{3}(base)(height).</math> {{RoundBoxBottom}} ===Proof=== {{RoundBoxTop|theme=2}} [[File:20170527 Parabola & area under chord 00.png|thumb|300px|''' Figure 7: The Parabola: <math>y = Kx^2</math>'''</br> Origin at point <math>O: (0,0)</math></br> Points <math>D,\ I: (p,0), (p, Kp^2)</math></br> Points <math>E,\ J: (q,0), (q, Kq^2)</math></br> Chord <math>IJ</math>, parallel tangent <math>FG</math> and area <math>IOJI</math>, the area enclosed between chord <math>IJ</math> and curve.</br> Length <math>IJ = base.</math> Length <math>HT = height.</math> ]] We prove this identity for the general case. See Figure 7. Slope of chord <math>IJ = \frac{Kqq-Kpp}{q-p} = \frac{K((q+p)(q-p))}{q-p} = K(q+p).</math> Find equation of chord <math>IJ.</math> <math>y = K(p+q)x + c;\ \therefore c = y - K(p+q)x = Kqq - K(p+q)q = -Kpq</math> Equation of chord <math>IJ:</math> <math>y = K(p+q)x - Kpq.</math> Find equation of tangent <math>FG.</math> :<math>\begin{align} &y = Kx^2\\ &y = K(p+q)x+c\\ \therefore\ &Kx^2 = K(p+q)x + c\\ &Kx^2 - K(p+q)x - c = 0 \end{align}</math> We choose a value of <math>c</math> that gives <math>x</math> exactly one value. Therefore discriminant <math>K^2(p+q)^2 + 4Kc = 0;\ c = \frac{-K(p+q)^2}{4}.</math> <math>y = K(p+q)x - \frac{K(p+q)^2}{4};\ K(p+q)x - y - \frac{K(p+q)^2}{4} = 0;</math> Equation of tangent <math>FG</math> in normal form: <math>\frac{K(p+q)x - y - \frac{K(p+q)^2}{4}}{\sqrt{K^2(p+q)^2 + 1}} = 0.</math> Equation of chord <math>IJ</math> in normal form: <math>\frac{ K(p+q)x - y - Kpq }{ \sqrt{K^2(p+q)^2 + 1} } = 0.</math> Therefore distance between chord <math>IJ</math> and tangent <math>FG</math> <math> = height = \frac{ -Kpq - (-\frac{K(p+q)^2}{4}) }{R} = \frac{K(p+q)^2 - 4Kpq}{4R} = \frac{K(p-q)^2}{4R}</math> where <math>R = \sqrt{K^2(p+q)^2 + 1}.</math> Length of chord <math>IJ = base = L = \sqrt{(Kqq-Kpp)^2 + (q-p)^2}.</math> Area under chord <math>IJ = (q-p)\frac{Kqq+Kpp}{2} = \frac{Kqqq+Kppq - Kqqp - Kppp}{2}</math> Area under curve <math>IOJ</math> :<math>\begin{align} x =& q\\ =\ \ \ \ \ &[\frac{Kx^3}{3}] = \frac{Kqqq-Kppp}{3}\\ x =& p \end{align}</math> Area between chord <math>IJ</math> and curve <math>IOJ</math> <math> = \frac{Kqqq+Kppq - Kqqp - Kppp}{2} - \frac{Kqqq-Kppp}{3} = \frac{Kqqq+3Kppq-3Kpqq-Kppp}{6} </math> <math> = \frac{K(q-p)^3}{6} =\frac{KS}{6}. </math> The aim is to prove that: <math>\frac{2}{3}(base)(height) = \frac{KS}{6}</math> or <math>\frac{2}{3}(L)(\frac{K(p-q)^2}{4R}) = \frac{KS}{6}</math> or <math>\frac{2L(p-q)^2}{12R} = \frac{S}{6}</math> or <math>L(p-q)^2 = R(q-p)^3</math> or <math>L = R(q-p)</math> where: <math> L = \sqrt{(Kqq-Kpp)^2 + (q-p)^2} = \sqrt{ (q-p)^2(K^2(q+p)^2 + 1) } = (q-p)\sqrt{ K^2(q+p)^2 + 1 }</math> <math>R = \sqrt{K^2(p+q)^2 + 1}</math> <math>RHS = (q-p)R = (q-p)\sqrt{K^2(p+q)^2 + 1} = L.</math> Therefore <math>L = R(q-p)</math> and area enclosed between curve and chord =<math>\frac{2}{3}(base)(height)</math> where <math>base</math> is the length of the chord, and <math>height</math> is the perpendicular distance between chord and tangent parallel to chord. {{RoundBoxBottom}} ===A worked example=== Consider parabola: <math>16x^2 - 24xy + 9y^2 + 20x -140y + 600 = 0</math> and chord: <math>4x + 3y - 96 = 0.</math> The aim is to calculate area between chord and curve. Calculate the points at which chord and parabola intersect: <math>(5\frac{7}{16}, 24\frac{3}{4}),\ (15\frac{1}{3}, 11\frac{5}{9}).</math> ====Method 1. By chord and parallel tangent==== {{RoundBoxTop|theme=2}} [[File:20170526 Parabola and Chord 00.png|thumb|300px|''' Figure 8: The Parabola: <math>16x^2 - 24xy + 9y^2 + 20x - 140y + 600 = 0</math>'''</br> Chord <math>AD: 4x + 3y - 96 = 0.</math> </br> Length <math>AD = base = \frac{2375}{144}.</math></br> Parallel tangent <math>CFB.\ height = BE = \frac{361}{24}.</math></br> Area between chord and curve <math>= DEAFD.</math>]] Length of chord :<math>\begin{align} =&\ \sqrt{ (15\frac{1}{3} - 5\frac{7}{16})^2 + (11\frac{5}{9} - 24\frac{3}{4})^2 }\\ \\ =&\ \sqrt{ (\frac{46}{3} - \frac{87}{16})^2 + (\frac{99}{4} - \frac{104}{9})^2 } \\ \\ =&\ \sqrt{ (\frac{475}{48})^2 + (\frac{475}{36})^2 } =\ \sqrt{ (\frac{475(3)}{48(3)})^2 + (\frac{475(4)}{36(4)})^2 } \\ \\ =&\ \sqrt{ (\frac{475(3)}{144})^2 + (\frac{475(4)}{144})^2 } =\ \frac{475(5)}{144} \\ \\ =&\ \frac{2375}{144} = base. \end{align}</math> Equation of chord in normal form: <math>\frac{4}{5}x + \frac{3}{5}y - 19.2 = 0.</math> Equation of parallel tangent in normal form: <math>\frac{4}{5}x + \frac{3}{5}y + g = 0,</math> where <math>g = \frac{ 4AFee - 4BFde + 4CFdd - DDee + 2DEde - EEdd }{ 4AEe - 2BDe - 2BEd + 4CDd }</math> and <math>d = \frac{4}{5},\ e = \frac{3}{5}</math> and <math>A = 16,\ B = -24,\ C = 9,\ D = 20,\ E = -140,\ F = 600. </math> <math>g = -\frac{499}{120}.</math> Equation of chord in normal form: <math>\frac{4}{5}x + \frac{3}{5}y - 19.2 = 0.</math> Equation of parallel tangent in normal form: <math>\frac{4}{5}x + \frac{3}{5}y - \frac{499}{120} = 0.</math> Distance between chord and parallel tangent <math>= -\frac{499}{120} - (-19.2) = \frac{361}{24} = height.</math> Area enclosed between chord and curve <math>= \frac{2}{3}(base)(height) = \frac{2}{3} (\frac{2375}{144}) (\frac{361}{24}) =\frac{(2375)(361)}{3(12^3)}.</math> {{RoundBoxBottom}} ====Method 2. By identifying the basic parabola.==== {{RoundBoxTop|theme=2}} [[File:20170526 Determine basic parabola 00.png|thumb|300px|''' Figure 9: The Parabola: <math>16x^2 - 24xy + 9y^2 + 20x - 140y + 600 = 0</math>'''</br> Chord <math>AD: 4x + 3y - 96 = 0.</math> </br> <math>axis</math> is line <math>FS_1S_2.\ directrix</math> is line <math>RT.</math></br> <math>focus</math> is point <math>F: (2,6).</math></br> Line <math>AS_2 = p = -8\frac{1}{2}.</math> Line <math>DS_1 = q = 7\frac{1}{3}</math> ]] See Figure 9. Calculate directrix, focus and axis. Focus is distance <math>2</math> from directrix. Curve has the shape of <math>y = Kx^2</math> where <math>K = \frac{1}{4}</math>. Axis of symmetry has equation: <math>\frac{4}{5}x - \frac{3}{5}y + 2 = 0.</math> Distance from point <math>(5\frac{7}{16}, 24\frac{3}{4} )</math> to axis of symmetry <math> = -8\frac{1}{2} = p.</math> Distance from point <math>(15\frac{1}{3}, 11\frac{5}{9})</math> to axis of symmetry <math> = 7\frac{1}{3} = q.</math> <math>q-p = 7\frac{1}{3} - (- 8\frac{1}{2}) = 15\frac{5}{6} = \frac{95}{6}.</math> Area between chord and curve :<math>\begin{align} =&\ \frac{K(q-p)^3}{6} \\ \\ =&\ \frac{1}{24}(\frac{95}{6}) (\frac{95}{6}) (\frac{95}{6})\\ \\ =&\ \frac{(2375)(361)}{3(12^3)}. \end{align}</math> or: <math>height = \frac{K(p-q)^2}{4R}</math> where <math>R = \sqrt{K^2(p+q)^2 + 1}</math> <math>(p-q)^2 = \frac{95(95)}{36}</math> <math>(p+q)^2 = \frac{49}{36}</math> <math>R = \sqrt{ \frac{49}{16(36)} + 1 } = \sqrt{ \frac {7^2} {24^2} + \frac {24^2} {24^2} } = \sqrt{ \frac {25^2} {24^2} } = \frac {25} {24} </math> <math>height = \frac{ \frac{95(95)}{(4)36} }{ 4 ( \frac{25}{24} ) } = \frac{ \frac{95(95)}{(4)36} }{ \frac{25}{6} } = (\frac{95(95)}{(4)36})( \frac{6}{25}) = \frac{19(19)}{24} = \frac{361}{24}.</math> Calculate <math>base</math> as above and area enclosed between chord and curve <math>= \frac{2}{3}(base)(height) = \frac{2}{3} (\frac{2375}{144}) (\frac{361}{24}) = \frac{(2375)(361)}{3(12^3)}</math>. {{RoundBoxBottom}} [[Category:Geometry]] 7s8lbi1cg8p59l6wm9nm8jh5ns3miax Everyone's favorite news site 0 225632 2809408 2327777 2026-05-15T01:36:09Z Jtneill 10242 + [[Category:Wikinews]] 2809408 wikitext text/x-wiki {{Research project}} :''This essay is intended as a proposal for actions to try to respond more effectively to the information needs of communities described, e.g., in Lloyd and Friedland (2016) The Communication Crisis in America. It is placed on Wikiversity and listed as a “research project” to encourage a wide discussion of the issues it raises moderated by the Wikimedia rules that invite contributors to [[w:Wikipedia:Be bold|“be bold but not reckless,”]] contributing revisions written from a [[Wikiversity:Disclosures|neutral point of view]], [[Wikiversity:Cite sources|citing credible sources]] -- and raising other questions and concerns on the associated [[Wikiversity:FAQ|''''“Discuss”'''' page]].'' * '''''Progress on many and perhaps all substantive issues facing humanity today is blocked, because every countermeasure threatens someone with substantive control over the media.'''''<ref name='terrorMedia'>For an extended discussion of this, see the Wikiversity articles on "[[Winning the War on Terror]]" and "[[Net neutrality and 'Restoring Internet freedom']]".</ref> Can a nonprofit organization or consortium develop a system that makes it easy for people everywhere to obtain the news they need to defend and promote their interests?<ref>An earlier version of this essay with discussion is available in [[n:Wikinews:Water cooler/policy/archives/2017/July]].</ref> This article was written in the belief that this is possible. It was posted to Wikiversity to encourage a wide-ranging debate on this vision and alternative ways of achieving it. The stakes could not be higher: * ''Blogs and social media seem to be driving a substantive increase in Balkanization and exploitation of the international body politic to benefit advertisers and other influential elites,<ref>Deb, Donohue, and Glaisyer (2017-10-01) and Born and Edgington (2017-11-02)</ref> [[Media and corruption|increasing corruption]]<ref name='MedCor'>Wikiversity article on “[[Media and corruption]]”</ref> and [[Winning the War on Terror|threats to world peace and security]].'' <ref>Wikiversity article on “[[Winning the War on Terror]]”. Both increasing corruption and violence resulting from "antisocial media" are documented in Deb et al. (2017) and Vaidhyanathan (2018).</ref> * ''Is it fair to say that elite control of the mainstream media everywhere dramatically limits the public's ability to understand the opportunities and threats they face and pushes them to do things that are contrary to their best interests?''<ref name='terrorMedia'/> * ''[[Media and corruption|And this in turn contributes to excessive political corruption that leads to substandard economic performance]],<ref name='MedCor'/> crime and even [[Nuclear weapons and effective defense|the threat of the destruction of civilization in a nuclear war]]?''<ref>Wikiversity article on “[[Nuclear weapons and effective defense]]”.</ref> * Most investigative journalism is still produced by newspapers, and they are downsizing (and some are ceasing publication) as they lose revenue and audience to the Internet.<ref name='Nielsen'>See, e.g., {{Citation | editor-last = Nielsen | editor-first = Rasmus Kleis | year = 2015 | title = Local journalism: The decline of newspapers and the rise of digital media | publisher = I. B. Tauris | isbn = 978 1 78453 321 2}} as well as the videoconference with Lewis Friedland available as [[Communication’s Challenge to Democracy]] and references cited therein.</ref> Nonprofit web-based investigative journalism organizations<ref>Some but not all web-based investigative journalism organizations are members of the [[w:Institute for Nonprofit News|Institute for Nonprofit News (inn.org)]].</ref> are growing but not nearly fast enough to make up for the loss of investigative journalism as newspapers shrink. Most people get news today from television and web sites that serve as aggregators of news produced by newspapers and nonprofit investigative journalism organizations.<ref name='Nielsen'/> This decline in the quality and quantity of investigative journalism consumed by the public, especially in the U.S., has created the stage for our current [[w:Post-truth politics|post-truth political environment]].<ref>This decline in investigative journalism has been documented in many places. See, for example, McChesney and Nichols (2016, 2010) and {{Citation | last = Lewis | first = Charles | year = 2014 | title = 935 Lies: The future of truth and the decline of America's moral integrity | publisher = PublicAffairs books | isbn = 978-1-61039-117-7}}. See also the Wikipedia article on [[w:Decline of newspapers|"Decline of newspapers"]].</ref> One aspect of this problem is that virtually all humans fail to appreciate how much better their decisions could be if they pursued better information on important issues.<ref name='Kahneman'>[[w:Daniel Kahneman|Daniel Kahneman]] won the 2002 Nobel Memorial Prize in Economics for path-breaking research into how people actually make decisions. He's a psychologist, not an economist. He won the prize in Economics, because his research showed that the standard economics models of the "rational person" was not how people actually think. In particular, people too often fail to do research when they should. This contributes to the problems from deficits in journalism. Evidence for this is summarized in the Wikiversity article on "[[Winning the War on Terror]]".</ref> A system for responding to this need can be divided into two parts: # News aggregator(s) helping people everywhere find the news they want and need. # Organizations producing the desired high quality content written by professional and volunteer journalists. If such systems are to serve all of humanity, they need substantial citizen control over both funding and governance.<ref>McChesney and Nichols (2016, 2010). Cagé (2016). See also section "3.4. Media funding and governance" in the Wikiversity article on "[[Winning the War on Terror]]".</ref> The need for control by the bottom 99 percent is visible in the Balkanization and exploitation produced by the current elite control of mainstream media everywhere. For example, Facebook acknowledged in September 2017 “that it had identified more than $100,000 worth of divisive ads on hot-button issues purchased by a shadowy Russian company linked to the Kremlin.”<ref>{{Citation | last = Shane | first = Scott | last2 = Goel | first2 = Vindu | date = 6 September 2017 | title = Fake Russian Facebook Accounts Bought $100,000 in Political Ads | newspaper = New York Times | url = https://www.nytimes.com/2017/09/06/technology/facebook-russian-political-ads.html | accessdate = 2017-10-31}}</ref> The tone of this and similar reports suggests that this kind of interference in elections is fine as long as it's domestic, not foreign. Are divisive ads on hot-button issues acceptable if paid by ''domestic'' sources?<ref>{{cite Q|Q55842315}}</ref> This essay claims that the world could have less conflict and better governance with citizen-directed subsidies for media that did not make money from this kind of market segmentation (Balkanization) of the electorate and instead attempted to challenge divisive comments without heavy handed censorship. Wikimedia Foundation projects provide a valuable counterexample to the otherwise frightening scenario painted by the research cited above of increasing Balkanization of the international body politic, possible leading to {{w|Armageddon}}: Peter Binkley in an invited 2006 article for the [[w:Canadian Library Association|Canadian Library Association]] magazine ''Feliciter'' said that on controversial topics "the two sides actually engaged each other and negotiated a version of the [Wikipedia] article that both can more or less live with. This is a rare sight indeed in today’s polarized political atmosphere, where most online forums are echo chambers for one side or the other.”<ref name='Binkley'>{{cite Q|Q66411582}}<!-- Wikipedia Grows Up | author=Peter Binkley | publisher=Feliciter 52 (2006), no. 2, 59–61 --></ref> This can help build bridges over the walls created by media that must of necessity please advertisers and other elites. The following first discusses the need for citizen management of media funding and governance. This is followed by a description of a possible news aggregator and then of encouraging better news production. == Noncommercial == Virtually everywhere in the world today, the public has no direct control over the media. Many people think it's free (especially commercial broadcasting). Few adequately appreciate the biases inherent in media funded by advertising or media subject to political manipulation: * With media supported by advertising, a small portion of much of what people buy, especially from major organizations that advertise, is used to buy political favors that are concealed or minimized by media that would likely lose money from reporting too honestly on what governments actually do. * The record of government subsidized media is mixed. Citizen-directed subsidies for journalism provided by the U.S. [[w:Postal Service Act|Postal Service Act]] of 1792 [[w:Winning the War on Terror|helped encourage literacy and reduce corruption in the early U.S., both of which helped make the U.S. what it is today.]] Europe and Japan seem to benefit from substantial government subsidies from media, though political interference with the British Broadcasting Corporation (BBC) helped stampede Britain into joining the "Coalition of the Willing" that invaded Iraq in 2003 on grounds that leading media executives knew were overstated at best and likely fraudulent.<ref>The [[w:Iraq Inquiry|"Iraq Inquiry"]] largely established that the Blair government deceived the public in the justification for the 2003 Invasion of Iraq. Prominent BBC personalities were forced to resign for asking too many questions about that justification. See also the Wikiversity article on "[[Winning the War on Terror]]".</ref> This proposal includes creating “Everyone's favorite news” website as a news aggregator with a search capability that users could tailor to their interests with defaults established in part by their geolocation. The news provided would include a variety of perspectives, thereby reducing the [[w:Balkanization|Balkanization]] of the international body politic created by the needs of commercial and government-controlled outlets to segment the market and convince people to vote for or otherwise support policies that please people with substantive control over the media, often against the best interests of the bottom 99 percent. Creating such a website could increase the engagement of the public everywhere to the extent that local conditions allow. Part of this might include modifying the rules of Wikinews so more volunteers are encouraged to write without sacrificing the standard that contribute to the success of Wikinews.<ref name=WikinCap>We may also need to recruit more volunteer editors ("reviewers"), because a current bottleneck in Wikinews (at least in English) is a lack of qualified reviewers. This might be facilitated by creating a group of Wikinewsians called something like "associate reviewers": They might be authorized to recommend articles to (front page) "reviewers" and approve articles for "back pages" of Wikinews. [[n:Talk:FOIA attack on 'Restoring Internet freedom'#Recency|On 30 August 2017, User:Pi zero rejected the idea of "back pages", claiming, "our ability to review articles to a high level of quality would be sucked out of the project by the distraction of trying to maintain an additional, lower-quality class of articles."]] Qualifying volunteers as "associated reviewers" might break this bottleneck.</ref> It might also include the development of Wikiblog and Wikisocial to encourage volunteers to write within a Wikimedia system that generally supports a more balanced response to inflammatory comments that otherwise might be exploited by commercial sites and organizations like Cambridge Analytica. While Google may not be evil, it must still ultimately put profit before people. We can build a better world simply by offering the world better information than is currently available, thereby helping people everywhere solve their own problems. == Everyone's favorite news aggregator / News Directory == The most obvious feature of a good news aggregation website is that it could help people more easily find news and other information they want and need. A more subtle benefit is that a larger audience attracted by better news aggregation website(s) might also encourage people to write more and better news;<ref name=WikinCap/> news production will be discussed further below. === Landing page === The proposed landing page for ''Everyone's favorite news'' site would offer alternatives from hyper-local to international. For each geographical or political jurisdiction, users would be offered the range of available news sources. Part of this could be similar to “[https://www.allsides.com/ allsides.com]”, which posts contrasting perspectives on the same topic side by side. However, allsides.com currently focuses primarily if not exclusively on US national and international news. The right kind of web application could also make it easy for people to find news about more local events and governmental entities down to individual schools, school boards, city councils, county boards of supervisors, water boards, etc. This might include a content rating system that could be used in multiple ways: # Place side by side bloggers with differing perspectives on the same or similar issues. # Encourage dialog and collaborative research to help the participants better understand each other and produce more thought-provoking articles.<ref>This might work similar to how Wikipedia works but with a more proactive system for selecting topics and facilitating the assembly of teams with diverse perspectives on the topics in question. The resulting blog posts might later inspire related articles on Wikinews, Wikipedia or Wikiversity.</ref> # Help others understand the nature of a conflict and more effectively intervene. All these could facilitate improved communications, better understanding and conflict resolution. === User interests === The defaults for user interests at ''Everyone's Favorite news'' site would be determined by geolocation and browsing history. Geolocation would be translated into a list of all the relevant political jurisdictions (see analogy to [[Open Educational Resources/geolocated OER|tailored Open Educational Resources]]). Users could optionally adjust that by answering questions indicating level of interest in different topics. === From News to Capacity Building and Learning === News about climate change, new technology and other events that describe issues that may not be clear for everyone can link to learning and capacity-building material that increase comprehension and connect with local activities corresponding to the news. * Hurricane is coming (News), learn about self protection (Capacity Building in Wikiversity), * Number of Diabetes Patients in Country X is increasing (News), learn about a diet that reduces health risk (Capacity Building) * News about [[w:Great_Pacific_garbage_patch|Great Pacific Garbage Patch]] (News), What is that? ([[w:Great_Pacific_garbage_patch|Wikipedia]]) and how can I reduce my plastic garbarge? ([[Think_globally_-_act locally|Wikiversity]]). The big benefit of such an approach is that a certain problem, [[Risk Management|risk]] or event in a news wiki (which may or may not be Wikinews) can be linked directly to the following: * Capacity-building material in Wikiversity, * Encyclopedic definitions in Wikipedia, * Citizen activities to support community exposed to risk, * Humanitarian activities like [[w:Collaborative Mapping|collaborative mapping]] (e.g. [https://rutas.mapanica.net/mapa/ HOT-OSM Generation of Local Transport Map for Managua] or use the [http://emergency.copernicus.eu/ Copernicus news for disasters]). (see [[WikiNews2Learning]]) === Wikimedia rules and a Fairness Doctrine === A key feature would be to promote a ''[[m:Founding principles|neutral point of view (NPOV)]],<ref>See also "[[n:Wikinews:Pillars of Wikinews writing]]"</ref> treating others with respect,''<ref>[[User:Pi zero]] objected to several aspects of an earlier version of this proposal posted on "[[n:Wikinews:Water cooler/policy/archives/2017/July#Wikiblogs]]". One such comment claimed that “Wikipedian policies are totally unsuitable for a news project.” In particular, Pi zero wrote that [[w:Wikipedia:Assume good faith|the principle of “assuming good faith” (AGF)]] “''''absolutely does not'''' belong on a news site.” I think Pi zero interprets AGF differently from how I do: To me, AGF means treating people with respect and not accusing them of biases, etc., without solid evidence, and perhaps not even then. Each Wikimedia project has procedures for dealing with grossly inappropriate editing that still require people to treat others with respect. In particular, I don't see a conflict between AGF and "[[n:Wikinews:Never assume]]": We can always demand better documentation for something without being insulting.</ref> and providing adequate documentation.<ref>See "Each article is '''sourced'''" in "[[n:Wikinews:Pillars of Wikinews writing]]".</ref> This might involve a mix of existing news sources including minutes of meetings and official publications of organizations of all types and sizes from social and religious organizations to small businesses, nonprofits, local governmental bodies and international businesses, nongovernmental organizations (NGOs) and the United Nations. It might also link to blog posts showing contrasting perspectives. Potentially inflammatory language would be identified to the extent feasible and matched with other content providing a more balanced perspective. Readers may be invited to add categories and to rate biases. These ratings might then be used to pair questionable material that seems to mate a user's profile with more neutral information -- a [[w:Fairness Doctrine|"Fairness Doctrine"]]. Consider, for example, the claims of [[w:Rwandan genocide|Hutu leaders in 1994 that the Tutsis were cockroaches coming to kill all Hutus]]. These exhortations convinced many Hutus to preemptively kill their Tutsi neighbors, believing they would be killed if they failed to act preemptively. The claims were mostly but not entirely unfounded: Tutsi guerrillas were destroying property and killing a few Hutus. The threat was, however, massively overstated, apparently to increase the power of exiting elites, including certain international business and geopolitical interests. The result was a major humanitarian catastrophe. We need something that will effectively counter the divide-and-conquer management of existing for-profit and government-controlled media. [[w:Fox News controversies|Fox]] has captured much of the right wing of the political spectrum in the U.S. [[w:David Frum|David Frum]], former speechwriter for [[w:George W. Bush|George W. Bush]], said, "Republicans originally thought that Fox worked for us and now we're discovering we work for Fox."<ref>{{Cite news |publisher=ABC |url=http://blogs.abcnews.com/nightlinedailyline/2010/03/david-frum-on-gop-now-we-work-for-fox.html |date=March 23, 2010 |title=David Frum on GOP: Now We Work for Fox |work=Nightline}}</ref> A growing body of research suggests that [[w:Fox News controversies#Tests of knowledge of Fox viewers|the more that people watch Fox, the less they know]].<ref>Fox and supporters deny this. The Wikipedia article on "[[w:Fox News controversies|Fox News controversies]]" contains a section on "[[w:Fox News controversies#Tests of knowledge of Fox viewers|Tests of knowledge of Fox viewers]]" that cites 18 sources. Four of those were claims by leading Fox personalities or by a supporter with the ''Wall Street Journal'' that the polls were seriously flawed and propaganda. The other fourteen generally supported the claim here.</ref> The primary point here is that Fox executives have worked very effectively to maximize profits by segmenting the market with content that attracts a large audience without offending major advertisers. Similarly, [[w:Leslie Moonves|Les Moonves]], chief executive of [[w:CBS Corporation|CBS]], told an investor conference on February 29, 2016, said the Trump campaign, "may not be good for America, but it’s damn good for CBS ... . The money’s rolling in, this is fun."<ref>He said essentially the same thing the previous December 7, and in 2012, he similarly said, "Super PACs may be bad for America, but they’re very good for CBS." {{Citation | last = Fang | first = Lee | date = February 29, 2016 | title = CBS CEO: “For Us, Economically, Donald’s Place in This Election Is a Good Thing” | journal = The Intercept | publisher = First Look Media | url = https://theintercept.com/2016/02/29/cbs-donald-trump/ | accessdate = 2017-03-22}}. See also the discussion of this in the Wikiversity article on "[[Winning the War on Terror]]," accessed 2017-09-01.</ref> This explains why Donald Trump got substantially more free air time than other candidates with comparable poll numbers during the 2016 presidential campaign: Trump drew an audience, and [[Winning the War on Terror|advertising rates are based on audience]]. [[w:Bernie Sanders presidential campaign, 2016#Media coverage|And Sanders got very little: Many advertisers do not like his message]].<ref>See, for example, the multiple references on this in the "Media coverage" section of the Wikipedia article on "[[w:Bernie Sanders presidential campaign, 2016#Media coverage|Bernie Sanders presidential campaign, 2016]]".</ref> Companies like [[w:Cambridge Analytica|Cambridge Analytica]] specialize in exploiting people's preconceptions as discussed in the section below on Wikisocial. This essay is written in the belief that the techniques used by companies like Cambridge Analytica might also be used to build bridges rather than walls, as discussed in the sections below on Wikiblog and Wikisocial. === Funding === The funding for an initial prototype should be relatively modest: It could potentially use the [[w:Mediawiki|Mediawiki]] software with a different user interface and something that could obtain geocoordinates from a user's cell phone or the IP address, which could be modified by a user. Data entry could be comparable to creating a Wikipedia article for a specific geographical area or governmental entity. The hardest part might be obtaining adequate descriptions of the primary service areas of different media outlets and governmental entities. The jurisdiction of a governmental body be well defined in most cases, though it may not always be easy to find a free source of a description of the boundaries in a standard "[[w:Shapefile|shapefile]]" format. Getting comparable information on the primary service area of a media outlet will sometimes be more difficult, and it may be harder to get a consensus on that. Fortunately, Wikimedia projects have developed relatively effective systems for constructive management of conflicts over questions like these. This suggests that it may be worth trying to create such a "News aggregator / directory" as an official project of the [[w:Wikimedia Foundation|Wikimedia Foundation]]. However, if we can get initial funding for software development outside the Wikimedia Foundation, we may want to start work as a project independent of the Wikimedia Foundation with the hopes of later convincing them to adopt this effort. If the prototype is successful, the cost of expanding it to more users should follow the trajectory of other software projects, with the cost of the hardware being negligible, and additional funds for further software development would support fixing bugs and making the system more attractive in a variety of ways. Audience reviews may not be considered in the initial prototype but might be added after early version(s) prove their value. Information from audience reviews might allow the system to better offer alternative perspectives on more or less the same issue. This can be particularly difficult with long, seemingly intractable conflicts like that in Israel-Palestine. Jewish and Muslim descriptions of the same events can sometimes be so different it's hard to know that they are talking about the same thing. Wikipedia has a positive record in that regard, as noted above: People with very different views have engaged each other on Wikipedia and negotiated a version of the article that most can more or less live with.<ref name='Binkley'/> We cannot expect a news aggregator or directory to bridge gaps in conflicts dating back generations. However, if sufficiently well designed, it might help build bridges to overcome some of the walls created by existing commercial imperatives. == Encouraging the production of more news == If better news aggregator(s) attract a wider audience, this increased demand might be met by a mix of professional journalists and volunteers writing for various different organizations. Wikinews might fill a reasonable portion of this potential demand: The low acceptance rate of articles in Wikinews currently suggests that people all over the world would be willing to serve as volunteer journalists if given the right kind of support. === Low acceptance rate on Wikinews === Wikinews strives with reasonable success to offer well-written, credible news that attracts an audience. However, the vast majority of submissions do not get published. In the 95 days between May 28 and August 1, 2017, the English-language Wikinews published 90 articles, almost one per day. These 90 articles were only 1.8 percent of the articles submitted; internationally, 23 percent of submissions during that period were published.<ref>For current statistics, see "[[m:https://meta.wikimedia.org/wiki/Wikinews]]".</ref><ref name=WikinCap/> One suspects that most of the unpublished submissions represent potential contributors, who will on average write less for Wikinews in the future. What might be done to develop and test alternative polices and procedures that might help people with contributions to Wikinews feel more accepted and supported without sacrificing the journalistic quality of Wikinews, even if a specific contribution does not meet Wikinews standards? Might it help to survey contributors and [[n:Wikinews:Administrators]] for the different language versions of Wikinews on what they think might be done to improve the quality and quantity of the articles they publish -- and what numbers should we consider to try to evaluate that? Might it also help to create a system for classifying reasons why articles do not get published? Conducting research of this nature and discussing the implications might help develop alternative polices and procedures so Wikinews attracts more volunteer journalists and editors ("reviewers").<ref name=WikinCap/> Before or after such a survey, might it help to create “back pages” that would “publish” articles that may not be as newsworthy (too late or not of sufficient general interest) or whose writing style may not be sufficiently professional, but were otherwise written from a neutral point of view citing credible sources?<ref name=WikinCap/> And might it be appropriate to refer authors not prepared to write from a neutral point of view citing credible sources to sister projects like Wikiblog and / or Wikisocial, outlined below? This could serve at least three purposes: * People submitting articles that are currently rejected for these reasons might still get the satisfaction of seeing their work accepted. No journalist expects every article to appear on the front page. There's a huge difference between writing for back pages and writing for a trash can in the impact on one's motivation to write more. In that way, they could be encouraged to write more and improve their skills as a journalist. * "Back page" articles might serve as references for future articles that might be better grounded, because of the earlier documentation. * People whose actions are described in such secondary articles might still know that someone's watching: ::Boring articles about boring public meetings might reduce the risks of problems like the "[[w:City of Bell scandal|city of Bell, CA, scandal]]": In 2010 the [[w:Los Angeles Times|''Los Angeles Times'']] published a series of stories noting that the city manager of Bell, CA, a municipality of roughly 35,000 souls, was the best paid public employee in the nation as far as anyone knew: His compensation package exceeded a million dollars per year, more than double that of the President of the U.S. Local property taxes were similarly outrageous, and the city was near bankruptcy. ::The local newspaper had died just over a decade earlier. The city manager effectively decided, “The watchdog is dead. Let's have a party.” ::Boring reports of meetings of governmental bodies can help reduce the risks of such excitement. Many local chapters of the [[w:League of Women Voters|League of Women Voters]] in the US have “observer corps” that write about such meetings. Wikinews could provide a platform where such observers could describe what they see at any length as long as it seemed factual and adequately documented. This kind of respected platform might encourage more volunteer journalists. ::In addition, some of the articles on these “Back pages” might help future researchers and criminal investigators searching for hints of problems that later become important. This might be compared to astronomy, where [[w:Amateur astronomy|amateurs are making important discoveries by monitoring variable stars, tracking asteroids and discovering transient objects, such as comets and novae.]] ::Even without that, citizen journalists attending and writing about uninteresting meetings learn what to look for and write about in the future. Then when something interesting happens, they may be better able to see it and describe it in terms that are clear, concise, and compelling -- and to do so more quickly, because of the greater experience in writing. === Wikiblog === Might it be feasible to create a sister project that might be called “Wikiblog”, where people could write whatever they wanted as long as it was written from a neutral point of view citing credible sources? The system could try to encourage collaboration between different people writing on the same or similar topics: If each can treat the other(s) with respect, they might together produce something far better than any could alone. Both the collaboration and the resulting article might build bridges for the resolution of conflicts that might otherwise be virtually intractable. Articles drafted for Wikinews that express opinion could be given the option to move to Wikiblog if they can't or don't want to expunge the biased rhetoric.<ref>[[n:User:Pi zero]] wrote, [[n:Wikinews:Water cooler/policy/archives/2017/July#Wikiblogs|”Blogs have no value journalistically.”]] I don't argue with that. The purpose of Wikiblog would be to provide a supportive venue that would allow people to ventilate in an environment that would respectfully but firmly support dialogue and respect if not reconciliation. Ideally, the system would help people who continue a discussion on Wikibogs to achieve a fuller understanding of other perspectives in the topic that concerns them. Through this process, the contributors may also gain an appreciation for quality journalism and the perspectives of others that could help reduce the level of conflict in society. And contributors might be more likely to write more in the future within the Wikimedia system. [[n:User:Pi zero]] also expressed concern that, 'An actual blog has no standards, to speak of, and has no educational merit and doesn't belong on the wikimedia sisterhood. ... If you're talking about something with standards, but less than Wikinews's, then you're actually talking about lowering Wikinews standards. Which does not work, and in that case issues of journalism certainly ''are'' relevant.' I respectfully disagree: Wikinews can retain its standards and retain a larger audience because of those standards. Wikiblog can serve a different purpose.</ref> === Wikisocial === Social media have become too important to be ignored. People should be able to share with friends whatever they want in an environment that does not make them a target for exploitation, as long as it's not inflammatory. The world needs and can easily afford a social media platform that flags and appropriately challenges hate speech. The Wikimedia Foundation could offer a new “Wikisocial” project to respond to this need. Such has already been proposed on [[meta:WikiSocial]] but has not yet achieved a following sufficient following to take it to a prototype stage in, e.g., [[meta.wikimedia:Proposals for new projects]]. Other social media cultivate and amplify racist, sexist, and homophobic perspectives that too seldom get challenged. These groups are identified and exploited by companies like [[w:Cambridge Analytica|Cambridge Analytica]], who convince millions of people to do things contrary to their best interests. (Cambridge Analytica is now bankrupt, but it's business model is alive and well and exploited by other organizations.) * ''Every media organization in the world sells changes in the behaviors of its audience to its funders.'' Google and Facebook also make money through advertising and are subject to the commercial imperatives of other media organizations: It's not smart to bite the hands that feed you. It's not good business to let too much information pass that might offend major advertisers. Problems with this are discussed in {{cite Q|Q56027099}}. Of course, if Google and Facebook were too blatant about their commercial nature, they'd lose audience. Still, they have a conflict of interest in blocking ads, infomercials, and other material submitted by organizations like Cambridge Analytica. We can do better with citizen-directed funding for media, which is essentially how the Wikimedia Foundation works. === Search engines === As of March 2017, [[w:Web search engine|Google had 80 percent of the market]] for web searches. Google's 2004 Initial Public Offering (IPO) included, “Don't be evil. We believe strongly that in the long term, we will be better served—as shareholders and in all other ways—by a company that does good things for the world even if we forgo some short term gains."<ref>{{Citation |url=https://blogs.wsj.com/deals/2011/06/23/what-would-2004-google-say-about-antitrust-probe/ |work=[[The Wall Street Journal]] |first=Shira |last=Ovide |title=What Would 2004 Google Say About Antitrust Probe? |date=23 June 2011 |archiveurl=https://www.webcitation.org/6bz8paR7v?url=https://blogs.wsj.com/deals/2011/06/23/what-would-2004-google-say-about-antitrust-probe/ |archivedate=2 October 2015 |accessdate=2 October 2015 |quote="Our goal is to develop services that significantly improve the lives of as many people as possible. In pursuing this goal, we may do things that we believe have a positive impact on the world, even if the near term financial returns are not obvious..."Don't be evil. We believe strongly that in the long term, we will be better served—as shareholders and in all other ways—by a company that does good things for the world even if we forgo some short term gains. This is an important aspect of our culture and is broadly shared within the company..." |df=dmy }}. See also the Wikipedia article on “[[w:Don't be evil]].”</ref> At least to some degree, Google lives up to its motto by helping billions of people all over the world live better by making it easier for them to get information they want and need. (Google has been criticized for tax avoidance and in June 2017 was fined €2.42bn for abusing “its market dominance as a search engine by promoting its own comparison shopping service in its search results, and demoting those of competitors.”<ref>{{Citation | last = Boffey | first = Daniel | date = June 27, 2017 | title = Google fined record €2.4bn by EU over search engine results | newspaper = The Guardian | url = https://www.theguardian.com/business/2017/jun/27/google-braces-for-record-breaking-1bn-fine-from-eu | accessdate = 2017-09-01}}. See also {{Citation | last = Pratley | first = Nils | date = June 27, 2017 | title = Google fine: EU is not waging underhand trade war against US tech firms | newspaper = The Guardian | url = https://www.theguardian.com/technology/nils-pratley-on-finance/2017/jun/27/eu-google-fine-us-european-commission | accessdate = 2017-09-01}}</ref>) ==== Response to conflict ==== The web site for the [[w:Islamic State of Iraq and the Levant|Islamic State (ISIL)]], for example, is not indexed by search engines, allegedly due to "internet policing of different western powers who kept on working to hide it from people like google, Twitter, FB etc."<ref>{{Citation | last = Hashmat | first = Sajawal | date = January 21, 2017 | title = How can I find the ISIS website? | publisher = Quora | url = https://www.quora.com/How-can-I-find-the-ISIS-website | accessdate = 2017-09-01}}</ref> The official justification for this is to limit ISIL's recruiting. However, this censorship of search results has not prevented the recent rise in terrorist incidents attributed to ISIL. Censorship has, however, made it harder for people to understand why anyone would support ISIL. This in turn has pushed [[Winning the War on Terror|Western governments to continue counterproductive policies]] that manufacture recruits for ISIL faster than they can be neutralized.<ref>See the Wikiversity article on "[[Winning the War on Terror]]"</ref> Might society get better results by replacing censorship with systems that make it easier for all sides in conflict to get information about the grievances that motivate their opposition?<ref>{{Citation | last = Graves | first = Spencer | date = 2005-02-26 | title = The Impact of Violent and Nonviolent Action on Constructed Realities and Conflict | publisher = Productive Systems Engineering | url = http://prodsyse.com/conflict/Nonviolence&Reality.pdf | accessdate = 2017-09-01}}</ref> Such systems might help citizens in the world's leading democracies understand the counterproductive nature of certain actions by their governments. This enhanced understanding might reduce the abuses of power that drive people off the sidelines to support their opposition. To help people understand these things, we need media not controlled by existing elites: * ''Anything that might offend a major advertiser is not '''fit to print''' in the ''New York Times'' (or other commercial media).''<ref>See also the Wikiversity article on "[[Winning the War on Terror]]".</ref> Similarly, everyone who produces content for any media outlet in the world must flinch before disseminating any content that might offend someone with substantive control over media funding and governance. More research and experimentation is needed in this area. ==== Commercial imperative ==== Google is a media company funded by advertising and must of necessity flinch before offending major advertisers. [[Winning the War on Terror|A lion will not become a vegetarian.]] The [[w:Wikia Search|Wikia Search]] project was launched in 2004 and ended in 2009 after failing to attract an audience sufficient to justify its costs. However, a Wikisearch project may succeed as a non-profit if reducing conflict is a major part of its mission (and a justification for a major portion of its funding), where Wikia Search failed as a for-profit venture. (Such a project may or may not use user reviews to reduce the natural human tendency to seek information sources consistent with our preconceptions and avoid those that conflict with what we think we already know.)<ref name='Kahneman'/> ==== Knowledge Engine ==== As of 2018 the Wikimedia Foundation is currently working on a [[w:Knowledge Engine (Wikimedia Foundation)|"Knowledge Engine (KE)"]] project. This "is a search engine project initiated in 2015 by the Wikimedia Foundation (WMF) to locate and display verifiable and trustworthy information on the Internet. The goal of the KE is to be less reliant on traditional search engines. The KE aims to change the behavior of readers to stay on Wikipedia.org and other Wikipedia-related projects rather than return to their favorite search engines to find additional information. According to the WMF, the KE will protect user privacy, be open and transparent about how a piece of information originates, and allow access to metadata." The project has been controversial within the Wikimedia community at least in part because it was planned in secret. The resulting controversy contributed to the resignation of WMF executive director Lila Tretikov, February 25, 2016. The need for search engine(s) designed to support democracy rather than make a profit for companies like Google was highlighted in the work described above by Born and Edgington (2017), Deb et al. (2017) and Vaidhyanathan (2018): Existing for-profit (and state-run) search engines exist to enhance the power of existing elites, often at the expense of world peace and broadly shared and sustainable economic development, as noted in these references. === Wikianalytica countering the Balkanization of the body politic === Organizations like Cambridge Analytica have reportedly used [[w:microtargeting|microtargeting]] to amplify and exploit the Balkanization of the electorate. [[v:User:DavidMCEddy/Winning the War on Terror#3.2.3. Media and politics|The chief executive of Cambridge Analytica bragged about having]] "somewhere close to four or five thousand data points on every individual [in the US]. ... So we model the personality of every adult across the United States, some 230 million people.<ref>{{citation |url=http://news.sky.com/story/behind-the-scenes-at-donald-trumps-uk-digital-war-room-10626155 |title=Behind the scenes at Donald Trump's UK digital war room |last1=Cheshire |first1=Tom |date=21 October 2016 |publisher = [[w:Sky News|Sky News]] |archive-url=https://web.archive.org/web/20161021180327/http://news.sky.com/story/behind-the-scenes-at-donald-trumps-uk-digital-war-room-10626155 |archive-date=2017-09-21}}</ref> Similarly, on June 19, 2017, multiple news outlets reported that [[w:Upguard|Upguard, Inc.]] found that data on 198 million Americans had been publicly available on an unsecured server for some portion of the time between June 1 and 19, 2017. Clearly, Cambridge Analytica is not the only organization in this market. The article reported that the Republican Party had contracted with firms like [[w:Sara Taylor#Deep Root Analytics|Deep Root Analytics]], [[w:microtargeting|TargetPoint Consulting]], and Data Trust to compile these data for use in the 2016 elections.<ref>{{citation |url=https://theintercept.com/2017/06/19/republican-data-mining-firm-exposed-personal-information-for-virtually-every-american-voter/ |title = Republican data-mining firm exposed personal information for virtually every American voter |last1=Biddle |first1=Sam |date=2017-06-19 |publisher = The Intercept |archive-url= |archive-date=}}</ref> Vaidhyanathan (2018) ''Antisocial Media''<ref>{{cite Q|Q56027099}}</ref> claims that there's no evidence that Cambridge Analytica and similar companies have delivered anything of value to anyone who has paid them, but Facebook is "growing on every continent. And it’s undermining democracy everywhere. Facebook is doing the data analysis internally. Facebook is working directly with campaigns — many of which support authoritarian and nationalist candidates. You don’t need Cambridge Analytica if you have Facebook. The impact of Facebook on democracy is corrosive. ... A campaign like Trump’s can issue small, cheap advertisements via platforms like Facebook and Instagram that disappear after a day or get locked forever in Facebook’s servers. That’s bad for transparency. That’s exactly what happened. That story has not echoed as far as the one about Cambridge Analytica and psychographics. But it’s the real story."<ref>p. 195-196 of 276 and chapter 6. "The Politics Machine" and its section on "The Damage" more generally</ref> Facebook has tools that allow an advertiser to profitably target ads "at groups as small as twenty, and then disappear, so they are never examined or debated." These may have made a substantive contribution to Mr. Trump's victory in the {{w|2016 United States presidential election}}.<ref>Section on "How Facebook helped make Trump president" in chapter 6, esp. p. 215.</ref> The good news from this is that if [[w:microtargeting|microtargeting]] can be used to divide and conquer an electorate, other organizations could use the same or similar tools to facilitate honest communications and nonviolent conflict resolution in ways that also reduce political corruption and increase the prospects for peace, democracy, and broadly shared economic growth. == See also== * [https://meta.wikimedia.org/wiki/WikiSocial WikiSocial at Wikimedia Meta] * [[Open Educational Resources/geolocated OER|Tailored geolocated Open Educational Resources]] * [http://www.missingmaps.org https://www.missingmaps.org] * [https://www.hotosm.org Humanitarian Open Street Map] * [http://emergency.copernicus.eu/ Copernicus news for disasters] * [[Wikipedia:Collaborative Mapping]] == References == * {{cite Q|Q55674332}}<!-- “Is Social Media a Threat to Democracy?”, Omidyar Group--> * {{cite Q|Q55673421}}<!-- analysis of philanthropic opportunities to mitigate the disinformation / propaganda problem --> * {{Citation | last = Cagé | first = Julia | year = 2016 | origyear = 2015 | title = Saving the media: Capitalism, crowdfunding and democracy | publisher = Belknap | isbn = 9780674659759}} * {{Citation | last = Friedland | first = Lewis A. | editor-last = Girouard | editor-first = Jennifer | editor2-last = Diranni | editor2-first = Carmen | year = 2014 | title = Varieties of Civic Innovation | publisher = Vanderbilt U. Pr. | pages = 92-126 | chapter = 5. Civic communication in a networked society: Seattle's emergent ecology | isbn = 0826519997}} * {{Citation | editor-last = Lloyd | editor-first = Mark | editor2-last = Friedland | editor2-first = Lewis A. | year = 2016 | title = The Communications Crisis in America, And How to Fix It | publisher = Palgrave Macmillan | isbn = 1-349-95030-0}} * {{Citation | last = McChesney | first = Robert W. | last2 = Nichols | first2 = John | author-link = w:Robert W. McChesney | author2-link = w:John Nichols (journalist) | year = 2010 | title = The Death and Life of American Journalism | publisher = Nation Books | isbn = 9781568586052}} * {{Citation | last = McChesney | first = Robert W. | last2 = Nichols | first2 = John | author-link = w:Robert W. McChesney | author2-link = w:John Nichols (journalist) | year = 2016 | title = People get ready: The fight against a jobless economy and a citizenless democracy| publisher = Nation Books | isbn = 9781568585215}} * {{Citation | editor-last = Nielsen | editor-first = Rasmus Kleis | year = 2015 | title = Local journalism: The decline of newspapers and the rise of digital media | publisher = I. B. Tauris | isbn = 978 1 78453 321 2}} * {{cite Q|Q56027099}} == Notes == {{reflist}} [[Category:Original research]] [[Category:Research]] [[Category:Political science]] [[Category:Freedom and abundance]] [[Category:Wikinews]] sovc1ybbbnqam3svxhoq73my745nemg Escuela de Lenguas UNLP/Academic Writing/Journalism/Youth: a category under construction 0 229641 2809463 1783826 2026-05-15T10:48:45Z Jtneill 10242 [[Category:Escuela de Lenguas UNLP/Academic Writing/Journalism]] 2809463 wikitext text/x-wiki From a communication/cultural perspective, the studies of young people have been continuously growing because of new teams of researchers interested on analysis of the youth and their context: senses, sociocultural process of identity and the way in which young people interpret the world. There are new categorizations to describe young people that keep researchers distanced from some schools of thought and adhere to other. The category of youth appeals to a socio-historical construction:  young people were constructed as visible actors in the cultural/political field, as producers of social scenarios and discourses.<ref>Viviani, Tomás (2012). Informe Anual 2012 Observatorio de Jóvenes, Comunicación y Medios. - 1a ed. - La Plata: Universidad Nacional de La Plata. Facultad de Periodismo y Comunicación Social. {{ISBN|978-950-34-0906-0}}</ref> There is a rule in modern studies of communication that says “there is not a single way to be a young woman or man”.  We can think about youth as a category that tells us about a particular sociohistorical construction over an age range. When Bourdieu (2002)<ref>Bourdieu, Pierre (2002). La "juventud" no es más que una palabra. En Sociología y cultura (pp. 163-173). México: Grijalbo, Conaculta</ref> affirms that youth is not more than a word he is referring to the symbolic character of the category of youth. But the symbolic character of young people is not just a sign, it is a cultural construction: youth is more than a word<ref>Margulis, Mario (ed.) (2008): La juventud es más que una palabra. Ensayos sobre cultura y juventud. Buenos Aires: Biblos, Sociedad.</ref>. Young people do not share the same way of insertion in the social structure, they have differential and unequal schemas. Sometimes the concept of “generation” is confusing because it marks a biological condition, the age of certain group. But now we study “generation” no longer from biology but from history. The generation refers to the time when each individual is socialized. Each generation can be considered a part of a different cultural configuration: young people incorporate new codes and skills, languages and ways of perceiving and appreciating their world. [[Category:Communication]] [[Category:Escuela de Lenguas UNLP/Academic Writing/Journalism]] [[Category:Youth]] 8bij72ce4x0541shxqbiapswyw9axaz Wikiversity:Notices for custodians/Header 4 246580 2809266 2809024 2026-05-14T17:17:03Z Codename Noreste 2969951 Update. 2809266 wikitext text/x-wiki <includeonly>__NEWSECTIONLINK__{{Nobots}}</includeonly>{{RoundBoxTop|theme=14}} {{Portal-head2|2=Welcome}} <hr> <includeonly>{{Archive box non-auto|{{:Wikiversity:Notices for custodians/Archive}}}} {{Shortcut|WV:NOTICE|WV:AN}}</includeonly> This page is used for posting notices of interest to custodians and [[Wikiversity:Support staff|support staff]]. When creating a new request, please sign with <code><nowiki>--~~~~</nowiki></code>. * Join us on IRC channel [[irc:wikiversity|#wikiversity]] to coordinate activities in real time. * View recent changes in real time on IRC channel [[ircrc:en.wikiversity|#en.wikiversity]]. * [[Wikiversity:Import|Request pages to be imported]]. * '''Please''' look at [[Special:Unwatchedpages]] and add some pages that are of interest to you to your watchlist. <includeonly>* '''Please''' review the [[/Archive|archives]] for past discussions.</includeonly> * See also: [[Wikiversity:Request custodian action]] {{RoundBoxBottom}} {{Administering Wikiversity}}<includeonly> [[Category:Wikiversity administration]] [[Category:Wikiversity custodianship]] </includeonly> l0ygsk0pbyv5pvv6ekdynii9nvuhdum Maritime Health Research and Education-NET 0 267737 2809169 2809105 2026-05-14T13:18:50Z Saltrabook 1417466 2809169 wikitext text/x-wiki [[File:ChatGPT Image 24 abr 2026, 08 16 04 a.m.png|thumb|]] = '''' The John Snow Research Institute -2026'''' = Billions are at increased risk of developing metabolic syndromes with prediabetes, diabetes type 2, high blood pressure and overweight. All can lower their risks by staying physical active and eating well. For early identification of the risks we propose to register weight and height (Body Mass Index) and the fasting blood sugar in the '''Prevalence studies''' at the schools for seafarers, nurses, medical students and the kids schools.(not blood sugar).The 16-weeks '''intervention studies''' include learnings by short video sequences and self-monitoring of blood sugar with glucometer, and self-evaluation of diet and physical activity.[[File:Lifestyle Medicine Pillars.png|300px|right|The focus of Lifestyle Medicine is on these 6 pillars.]] [[File:John Snow.jpg|thumb|John Snow in the early nineteenth century]] [[File:Cholera in London 1866.gif|thumb|250px|Map of a later cholera outbreak in London, in 1866]] [[File:Choleramaplondon1866.png|thumb|right|250px|Legend for the map above]] 1. '<nowiki/>'''Prevalence studies'''' 1.1 The-International-Maritime-Health-Database <ref>https://www.dropbox.com/scl/fi/z3cq5ciiev06y8v9duw7u/A-International-Maritime-Health-Database.docx?cloud_editor=word&dl=0&rlkey=pt0kdesvmagcxaa2wez3tmza3 </ref> 1.2 Nursing Students Health Database <ref> https://www.dropbox.com/scl/fi/tcznmmd2y3nona5e3h1ro/The-Nursing-students-health-database.docx?cloud_editor=word&dl=0&rlkey=onbjh4o8ko1lzdvgyi8nlrotk </ref> 1.3. Medical student's Health Database <ref>https://www.dropbox.com/scl/fi/f16h9b60u4gxgt56un2jf/The-Medical-students-Health-database.docx?cloud_editor=word&dl=0&rlkey=xyfqen5trdc5lniaovipl548n </ref> 1.4. School childrens Health database <ref> https://www.dropbox.com/scl/fi/u6u50c8bxwhte9t2t6ck8/The-School-children-s-Health-database.docx?cloud_editor=word&dl=0&rlkey=zlyz5wn673wf7owettq3nx3h5 </ref> 2. '''Intervention studies''' Englsh <ref>https://www.dropbox.com/scl/fi/oi6cx6tlwwvoko3ed37tn/Invitation-to-the-course-English.docx?cloud_editor=word&dl=0&rlkey=7kzg91tqfgjskxf5aji8khicx </ref> Danish <ref>https://www.dropbox.com/scl/fi/2qahc3q9hmf4skbvk77ab/Invitation-to-the-course-in-Danish.docx?cloud_editor=word&dl=0&rlkey=x63w8oqvarz284zg2btq2johv </ref> Spanish <ref> https://www.dropbox.com/scl/fi/bn71inqeeth4o4mc1fjth/Invitation-to-the-course-Spanish.docx?cloud_editor=word&dl=0&rlkey=popmr1fnodh1v951v9l7k9ezv </ref> - General research protocol draft <ref> https://www.dropbox.com/scl/fi/gau25oy5y1s57046icjt2/Research-protocol-draft.docx?cloud_editor=word&dl=0&rlkey=wat63e25ritmujwcpss8s4v0s </ref> - Health Promoting Schools <ref> https://www.dropbox.com/scl/fi/0rm7honrezbjwrcy3h3yk/Health-promoting-schools.docx?cloud_editor=word&dl=0&rlkey=673jyzcmwbfw7k9ui9nmtp0zh </ref> - John Snow Institute bylaws <ref> https://www.dropbox.com/scl/fi/lccr7jtnga1u0x75117zn/John-Snow-revision-2-March-11.doc?cloud_editor=word&dl=0&rlkey=lz2gi7mslcoay5dzygg8h6n6r </ref> 3. '''Publications and pptx''' 2016-2026 <ref>https://en.wikiversity.org/wiki/Maritime_Health_Research_and_Education-NET/The_International_Type_2_Diabetes_Mellitus_and_Hypertension_Research_Group#The_John_Snow_Institute </ref><ref name=":0"> https://www.dropbox.com/scl/fi/mw7ft423lkkpjoxywd2bf </ref> 4. '''Strategies for research and implementation''' For early identification of the risks we propose to register weight and height (Body Mass Index) and the fasting blood sugar in the '''Prevalence studies''' at the schools for seafarers, nurses, medical students and the kids schools.(no FPG). A practical strategy for prediabetes remission in low- and middle-income countries (LMICs) must assume that laboratory capacity, workforce, and financing are constrained: https://www.dropbox.com/t/jOgRZQWEEzMTNiBR '''5. Minutes from meetings''' <ref> https://www.dropbox.com/t/3ZfLGngkS3pSlAQ3 </ref> any funds to support remission of prediabetes in europe '''Prediabetes-Remission Research Network:''' <small>Prof. Ing. MSc. Nailet Delgado; Dr. Olaf Jensen, MD, MPH, PhD, o147248@gmail.com; MSc.Ph.D. Bishal Gyawali (SDU); MSc.PhD Vivi Just-Nørregaard; Dr. Johan Hviid Andersen MD, PhD. Prof Århus University; Prof. MSc. Agnes Flores, UMECIT, Panama; Dr. Maite, Vacamonte, Panama; Bruno Nørdam, Randers; Dr. Maite Duque, Venezuela; Dr. Indira Santos Panama; Med.Stud. Ashley Lezcano, Panama; Dr. Antonio Roberto Abaya MD Filippines; Dr. Jen Mendoza, MD, Filippines; Dr. Andra Ergle MD, Latvia; Prof. MSc. Ingrid Morató, Tarragona/Cadiz, Spain; MBA Christian Acheampong, Turkey; Dr. Alejandro Martinez, MPH, Costa Rica; Dr. Med. Sci Finn Gyntelberg; NFA.and Bispebj. Hosp. Denmark,</small> ==References== [[Category:Prediabetes ]] <references />Education 1: Research Methodology <ref>https://en.wikiversity.org/wiki/Maritime_Health_Research_and_Education-NET/EDUCATION/Education_module_links</ref> <references /> = Online Meeting , May 11, 2026 = For the continuity of the project: Reversing prediabetes is important. Prediabetes – Remission in Small - and medium economy countries is the target. Keeping eyes open for applications for lifestyle medicine, sporadic supplement metformin Prepare documentation to apply for funding. Clearly define the project title, objectives, scope (countries, communities, ages), strategy (how to collect data, with what equipment, what variables), required materials, and required personnel. Meeting with Lene Daugaard director SIMAC Svendborg to do a similar to Panama study. Periodically search for organizations that could fund our project. Apply for funding when the opportunity arises. Obtain those funds. In parallel, without interruption, continue data collection according to the current methodology with prevalence data, and a comparative study between countries can be conducted using this collected data. Intervention study 16 weeks in one or two of the target populations. Proposed budget for 5 years:  5 mill Dkr. The first year can be to collect data from two other countries, Denmark and Turkey (Istanbul) compare with the data from Panama, UMIP including a short review study on similar data and an 16 week intervention study with the goal to produce a strategic model for prevalence and effectful intervention to be reported in 1-2 international  articles. PLEASE ADD THE MISSING POINTS. Possible funding entities: Innovation Fund Denmark EIFO DANIDA CROWDFOUNDING European Commission programs. SKOV website Lundbeckfonden 0nyoq50akn0v4c93z0bi73l5g444h2h 2809170 2809169 2026-05-14T13:28:43Z Saltrabook 1417466 /* Online Meeting , May 11, 2026 */ 2809170 wikitext text/x-wiki [[File:ChatGPT Image 24 abr 2026, 08 16 04 a.m.png|thumb|]] = '''' The John Snow Research Institute -2026'''' = Billions are at increased risk of developing metabolic syndromes with prediabetes, diabetes type 2, high blood pressure and overweight. All can lower their risks by staying physical active and eating well. For early identification of the risks we propose to register weight and height (Body Mass Index) and the fasting blood sugar in the '''Prevalence studies''' at the schools for seafarers, nurses, medical students and the kids schools.(not blood sugar).The 16-weeks '''intervention studies''' include learnings by short video sequences and self-monitoring of blood sugar with glucometer, and self-evaluation of diet and physical activity.[[File:Lifestyle Medicine Pillars.png|300px|right|The focus of Lifestyle Medicine is on these 6 pillars.]] [[File:John Snow.jpg|thumb|John Snow in the early nineteenth century]] [[File:Cholera in London 1866.gif|thumb|250px|Map of a later cholera outbreak in London, in 1866]] [[File:Choleramaplondon1866.png|thumb|right|250px|Legend for the map above]] 1. '<nowiki/>'''Prevalence studies'''' 1.1 The-International-Maritime-Health-Database <ref>https://www.dropbox.com/scl/fi/z3cq5ciiev06y8v9duw7u/A-International-Maritime-Health-Database.docx?cloud_editor=word&dl=0&rlkey=pt0kdesvmagcxaa2wez3tmza3 </ref> 1.2 Nursing Students Health Database <ref> https://www.dropbox.com/scl/fi/tcznmmd2y3nona5e3h1ro/The-Nursing-students-health-database.docx?cloud_editor=word&dl=0&rlkey=onbjh4o8ko1lzdvgyi8nlrotk </ref> 1.3. Medical student's Health Database <ref>https://www.dropbox.com/scl/fi/f16h9b60u4gxgt56un2jf/The-Medical-students-Health-database.docx?cloud_editor=word&dl=0&rlkey=xyfqen5trdc5lniaovipl548n </ref> 1.4. School childrens Health database <ref> https://www.dropbox.com/scl/fi/u6u50c8bxwhte9t2t6ck8/The-School-children-s-Health-database.docx?cloud_editor=word&dl=0&rlkey=zlyz5wn673wf7owettq3nx3h5 </ref> 2. '''Intervention studies''' Englsh <ref>https://www.dropbox.com/scl/fi/oi6cx6tlwwvoko3ed37tn/Invitation-to-the-course-English.docx?cloud_editor=word&dl=0&rlkey=7kzg91tqfgjskxf5aji8khicx </ref> Danish <ref>https://www.dropbox.com/scl/fi/2qahc3q9hmf4skbvk77ab/Invitation-to-the-course-in-Danish.docx?cloud_editor=word&dl=0&rlkey=x63w8oqvarz284zg2btq2johv </ref> Spanish <ref> https://www.dropbox.com/scl/fi/bn71inqeeth4o4mc1fjth/Invitation-to-the-course-Spanish.docx?cloud_editor=word&dl=0&rlkey=popmr1fnodh1v951v9l7k9ezv </ref> - General research protocol draft <ref> https://www.dropbox.com/scl/fi/gau25oy5y1s57046icjt2/Research-protocol-draft.docx?cloud_editor=word&dl=0&rlkey=wat63e25ritmujwcpss8s4v0s </ref> - Health Promoting Schools <ref> https://www.dropbox.com/scl/fi/0rm7honrezbjwrcy3h3yk/Health-promoting-schools.docx?cloud_editor=word&dl=0&rlkey=673jyzcmwbfw7k9ui9nmtp0zh </ref> - John Snow Institute bylaws <ref> https://www.dropbox.com/scl/fi/lccr7jtnga1u0x75117zn/John-Snow-revision-2-March-11.doc?cloud_editor=word&dl=0&rlkey=lz2gi7mslcoay5dzygg8h6n6r </ref> 3. '''Publications and pptx''' 2016-2026 <ref>https://en.wikiversity.org/wiki/Maritime_Health_Research_and_Education-NET/The_International_Type_2_Diabetes_Mellitus_and_Hypertension_Research_Group#The_John_Snow_Institute </ref><ref name=":0"> https://www.dropbox.com/scl/fi/mw7ft423lkkpjoxywd2bf </ref> 4. '''Strategies for research and implementation''' For early identification of the risks we propose to register weight and height (Body Mass Index) and the fasting blood sugar in the '''Prevalence studies''' at the schools for seafarers, nurses, medical students and the kids schools.(no FPG). A practical strategy for prediabetes remission in low- and middle-income countries (LMICs) must assume that laboratory capacity, workforce, and financing are constrained: https://www.dropbox.com/t/jOgRZQWEEzMTNiBR '''5. Minutes from meetings''' <ref> https://www.dropbox.com/t/3ZfLGngkS3pSlAQ3 </ref> any funds to support remission of prediabetes in europe '''Prediabetes-Remission Research Network:''' <small>Prof. Ing. MSc. Nailet Delgado; Dr. Olaf Jensen, MD, MPH, PhD, o147248@gmail.com; MSc.Ph.D. Bishal Gyawali (SDU); MSc.PhD Vivi Just-Nørregaard; Dr. Johan Hviid Andersen MD, PhD. Prof Århus University; Prof. MSc. Agnes Flores, UMECIT, Panama; Dr. Maite, Vacamonte, Panama; Bruno Nørdam, Randers; Dr. Maite Duque, Venezuela; Dr. Indira Santos Panama; Med.Stud. Ashley Lezcano, Panama; Dr. Antonio Roberto Abaya MD Filippines; Dr. Jen Mendoza, MD, Filippines; Dr. Andra Ergle MD, Latvia; Prof. MSc. Ingrid Morató, Tarragona/Cadiz, Spain; MBA Christian Acheampong, Turkey; Dr. Alejandro Martinez, MPH, Costa Rica; Dr. Med. Sci Finn Gyntelberg; NFA.and Bispebj. Hosp. Denmark,</small> ==References== [[Category:Prediabetes ]] <references />Education 1: Research Methodology <ref>https://en.wikiversity.org/wiki/Maritime_Health_Research_and_Education-NET/EDUCATION/Education_module_links</ref> <references /> = Online Meeting , May 11, 2026 = For the continuity of the project: Reversing prediabetes is important. Prediabetes – Remission in Small - and medium economy countries is the target. Keeping eyes open for applications for lifestyle medicine, sporadic supplement metformin Prepare documentation to apply for funding. Clearly define the project title, objectives, scope (countries, communities, ages), strategy (how to collect data, with what equipment, what variables), required materials, and required personnel. Meeting with Lene Daugaard director SIMAC Svendborg to do a similar to Panama study. Periodically search for organizations that could fund our project. Apply for funding when the opportunity arises. Obtain those funds. In parallel, without interruption, continue data collection according to the current methodology with prevalence data, and a comparative study between countries can be conducted using this collected data. Intervention study 16 weeks in one or two of the target populations. Proposed budget for 5 years:  5 mill Dkr. The first year can be to collect data from two other countries, Denmark and Turkey (Istanbul) compare with the data from Panama, UMIP including a short review study on similar data and an 16 week intervention study with the goal to produce a strategic model for prevalence and effectful intervention to be reported in 1-2 international  articles. PLEASE ADD THE MISSING POINTS. Possible funding entities: Innovation Fund Denmark EIFO DANIDA CROWDFOUNDING European Commission programs. SKOV website Lundbeckfonden rla2jh0zct8y4d4uq15zzg8nnzjl9i3 Maritime Health Research and Education-NET/th/BACKGROUND - เปิด 0 267973 2809185 2770167 2026-05-14T14:53:09Z Atcovi 276019 sufficient explanation 2809185 wikitext text/x-wiki go to English version rlythkiy9x0umm453kq0p9mupxx5y6p C language in plain view 0 285380 2809176 2808880 2026-05-14T14:00:55Z Young1lim 21186 /* Applications */ 2809176 wikitext text/x-wiki === Introduction === * Overview ([[Media:C01.Intro1.Overview.1.A.20170925.pdf |A.pdf]], [[Media:C01.Intro1.Overview.1.B.20170901.pdf |B.pdf]], [[Media:C01.Intro1.Overview.1.C.20170904.pdf |C.pdf]]) * Number System ([[Media:C01.Intro2.Number.1.A.20171023.pdf |A.pdf]], [[Media:C01.Intro2.Number.1.B.20170909.pdf |B.pdf]], [[Media:C01.Intro2.Number.1.C.20170914.pdf |C.pdf]]) * Memory System ([[Media:C01.Intro2.Memory.1.A.20170907.pdf |A.pdf]], [[Media:C01.Intro3.Memory.1.B.20170909.pdf |B.pdf]], [[Media:C01.Intro3.Memory.1.C.20170914.pdf |C.pdf]]) === Handling Repetition === * Control ([[Media:C02.Repeat1.Control.1.A.20170925.pdf |A.pdf]], [[Media:C02.Repeat1.Control.1.B.20170918.pdf |B.pdf]], [[Media:C02.Repeat1.Control.1.C.20170926.pdf |C.pdf]]) * Loop ([[Media:C02.Repeat2.Loop.1.A.20170925.pdf |A.pdf]], [[Media:C02.Repeat2.Loop.1.B.20170918.pdf |B.pdf]]) === Handling a Big Work === * Function Overview ([[Media:C03.Func1.Overview.1.A.20171030.pdf |A.pdf]], [[Media:C03.Func1.Oerview.1.B.20161022.pdf |B.pdf]]) * Functions & Variables ([[Media:C03.Func2.Variable.1.A.20161222.pdf |A.pdf]], [[Media:C03.Func2.Variable.1.B.20161222.pdf |B.pdf]]) * Functions & Pointers ([[Media:C03.Func3.Pointer.1.A.20161122.pdf |A.pdf]], [[Media:C03.Func3.Pointer.1.B.20161122.pdf |B.pdf]]) * Functions & Recursions ([[Media:C03.Func4.Recursion.1.A.20161214.pdf |A.pdf]], [[Media:C03.Func4.Recursion.1.B.20161214.pdf |B.pdf]]) === Handling Series of Data === ==== Background ==== * Background ([[Media:C04.Series0.Background.1.A.20180727.pdf |A.pdf]]) ==== Basics ==== * Pointers ([[Media:C04.S1.Pointer.1A.20240524.pdf |A.pdf]], [[Media:C04.Series2.Pointer.1.B.20161115.pdf |B.pdf]]) * Arrays ([[Media:C04.S2.Array.1A.20240514.pdf |A.pdf]], [[Media:C04.Series1.Array.1.B.20161115.pdf |B.pdf]]) * Array Pointers ([[Media:C04.S3.ArrayPointer.1A.20240208.pdf |A.pdf]], [[Media:C04.Series3.ArrayPointer.1.B.20181203.pdf |B.pdf]]) * Multi-dimensional Arrays ([[Media:C04.Series4.MultiDim.1.A.20221130.pdf |A.pdf]], [[Media:C04.Series4.MultiDim.1.B.1111.pdf |B.pdf]]) * Array Access Methods ([[Media:C04.Series4.ArrayAccess.1.A.20190511.pdf |A.pdf]], [[Media:C04.Series3.ArrayPointer.1.B.20181203.pdf |B.pdf]]) * Structures ([[Media:C04.Series3.Structure.1.A.20171204.pdf |A.pdf]], [[Media:C04.Series2.Structure.1.B.20161130.pdf |B.pdf]]) ==== Examples ==== * Spreadsheet Example Programs :: Example 1 ([[Media:C04.Series7.Example.1.A.20171213.pdf |A.pdf]], [[Media:C04.Series7.Example.1.C.20171213.pdf |C.pdf]]) :: Example 2 ([[Media:C04.Series7.Example.2.A.20171213.pdf |A.pdf]], [[Media:C04.Series7.Example.2.C.20171213.pdf |C.pdf]]) :: Example 3 ([[Media:C04.Series7.Example.3.A.20171213.pdf |A.pdf]], [[Media:C04.Series7.Example.3.C.20171213.pdf |C.pdf]]) :: Bubble Sort ([[Media:C04.Series7.BubbleSort.1.A.20171211.pdf |A.pdf]]) ==== Applications ==== * Address-of and de-reference operators ([[Media:C04.SA0.PtrOperator.1A.20260514.pdf |A.pdf]]) * Applications of Pointers ([[Media:C04.SA1.AppPointer.1A.20241121.pdf |A.pdf]]) * Applications of Arrays ([[Media:C04.SA2.AppArray.1A.20240715.pdf |A.pdf]]) * Applications of Array Pointers ([[Media:C04.SA3.AppArrayPointer.1A.20240210.pdf |A.pdf]]) * Applications of Multi-dimensional Arrays ([[Media:C04.Series4App.MultiDim.1.A.20210719.pdf |A.pdf]]) * Applications of Array Access Methods ([[Media:C04.Series9.AppArrAcess.1.A.20190511.pdf |A.pdf]]) * Applications of Structures ([[Media:C04.Series6.AppStruct.1.A.20190423.pdf |A.pdf]]) === Handling Various Kinds of Data === * Types ([[Media:C05.Data1.Type.1.A.20180217.pdf |A.pdf]], [[Media:C05.Data1.Type.1.B.20161212.pdf |B.pdf]]) * Typecasts ([[Media:C05.Data2.TypeCast.1.A.20180217.pdf |A.pdf]], [[Media:C05.Data2.TypeCast.1.B.20161216.pdf |A.pdf]]) * Operators ([[Media:C05.Data3.Operators.1.A.20161219.pdf |A.pdf]], [[Media:C05.Data3.Operators.1.B.20161216.pdf |B.pdf]]) * Files ([[Media:C05.Data4.File.1.A.20161124.pdf |A.pdf]], [[Media:C05.Data4.File.1.B.20161212.pdf |B.pdf]]) === Handling Low Level Operations === * Bitwise Operations ([[Media:BitOp.1.B.20161214.pdf |A.pdf]], [[Media:BitOp.1.B.20161203.pdf |B.pdf]]) * Bit Field ([[Media:BitField.1.A.20161214.pdf |A.pdf]], [[Media:BitField.1.B.20161202.pdf |B.pdf]]) * Union ([[Media:Union.1.A.20161221.pdf |A.pdf]], [[Media:Union.1.B.20161111.pdf |B.pdf]]) * Accessing IO Registers ([[Media:IO.1.A.20141215.pdf |A.pdf]], [[Media:IO.1.B.20161217.pdf |B.pdf]]) === Declarations === * Type Specifiers and Qualifiers ([[Media:C07.Spec1.Type.1.A.20171004.pdf |pdf]]) * Storage Class Specifiers ([[Media:C07.Spec2.Storage.1.A.20171009.pdf |pdf]]) * Scope === Class Notes === * TOC ([[Media:TOC.20171007.pdf |TOC.pdf]]) * Day01 ([[Media:Day01.A.20171007.pdf |A.pdf]], [[Media:Day01.B.20171209.pdf |B.pdf]], [[Media:Day01.C.20171211.pdf |C.pdf]]) ...... Introduction (1) Standard Library * Day02 ([[Media:Day02.A.20171007.pdf |A.pdf]], [[Media:Day02.B.20171209.pdf |B.pdf]], [[Media:Day02.C.20171209.pdf |C.pdf]]) ...... Introduction (2) Basic Elements * Day03 ([[Media:Day03.A.20171007.pdf |A.pdf]], [[Media:Day03.B.20170908.pdf |B.pdf]], [[Media:Day03.C.20171209.pdf |C.pdf]]) ...... Introduction (3) Numbers * Day04 ([[Media:Day04.A.20171007.pdf |A.pdf]], [[Media:Day04.B.20170915.pdf |B.pdf]], [[Media:Day04.C.20171209.pdf |C.pdf]]) ...... Structured Programming (1) Flowcharts * Day05 ([[Media:Day05.A.20171007.pdf |A.pdf]], [[Media:Day05.B.20170915.pdf |B.pdf]], [[Media:Day05.C.20171209.pdf |C.pdf]]) ...... Structured Programming (2) Conditions and Loops * Day06 ([[Media:Day06.A.20171007.pdf |A.pdf]], [[Media:Day06.B.20170923.pdf |B.pdf]], [[Media:Day06.C.20171209.pdf |C.pdf]]) ...... Program Control * Day07 ([[Media:Day07.A.20171007.pdf |A.pdf]], [[Media:Day07.B.20170926.pdf |B.pdf]], [[Media:Day07.C.20171209.pdf |C.pdf]]) ...... Function (1) Definitions * Day08 ([[Media:Day08.A.20171028.pdf |A.pdf]], [[Media:Day08.B.20171016.pdf |B.pdf]], [[Media:Day08.C.20171209.pdf |C.pdf]]) ...... Function (2) Storage Class and Scope * Day09 ([[Media:Day09.A.20171007.pdf |A.pdf]], [[Media:Day09.B.20171017.pdf |B.pdf]], [[Media:Day09.C.20171209.pdf |C.pdf]]) ...... Function (3) Recursion * Day10 ([[Media:Day10.A.20171209.pdf |A.pdf]], [[Media:Day10.B.20171017.pdf |B.pdf]], [[Media:Day10.C.20171209.pdf |C.pdf]]) ...... Arrays (1) Definitions * Day11 ([[Media:Day11.A.20171024.pdf |A.pdf]], [[Media:Day11.B.20171017.pdf |B.pdf]], [[Media:Day11.C.20171212.pdf |C.pdf]]) ...... Arrays (2) Applications * Day12 ([[Media:Day12.A.20171024.pdf |A.pdf]], [[Media:Day12.B.20171020.pdf |B.pdf]], [[Media:Day12.C.20171209.pdf |C.pdf]]) ...... Pointers (1) Definitions * Day13 ([[Media:Day13.A.20171025.pdf |A.pdf]], [[Media:Day13.B.20171024.pdf |B.pdf]], [[Media:Day13.C.20171209.pdf |C.pdf]]) ...... Pointers (2) Applications * Day14 ([[Media:Day14.A.20171226.pdf |A.pdf]], [[Media:Day14.B.20171101.pdf |B.pdf]], [[Media:Day14.C.20171209.pdf |C.pdf]]) ...... C String (1) * Day15 ([[Media:Day15.A.20171209.pdf |A.pdf]], [[Media:Day15.B.20171124.pdf |B.pdf]], [[Media:Day15.C.20171209.pdf |C.pdf]]) ...... C String (2) * Day16 ([[Media:Day16.A.20171208.pdf |A.pdf]], [[Media:Day16.B.20171114.pdf |B.pdf]], [[Media:Day16.C.20171209.pdf |C.pdf]]) ...... C Formatted IO * Day17 ([[Media:Day17.A.20171031.pdf |A.pdf]], [[Media:Day17.B.20171111.pdf |B.pdf]], [[Media:Day17.C.20171209.pdf |C.pdf]]) ...... Structure (1) Definitions * Day18 ([[Media:Day18.A.20171206.pdf |A.pdf]], [[Media:Day18.B.20171128.pdf |B.pdf]], [[Media:Day18.C.20171212.pdf |C.pdf]]) ...... Structure (2) Applications * Day19 ([[Media:Day19.A.20171205.pdf |A.pdf]], [[Media:Day19.B.20171121.pdf |B.pdf]], [[Media:Day19.C.20171209.pdf |C.pdf]]) ...... Union, Bitwise Operators, Enum * Day20 ([[Media:Day20.A.20171205.pdf |A.pdf]], [[Media:Day20.B.20171201.pdf |B.pdf]], [[Media:Day20.C.20171212.pdf |C.pdf]]) ...... Linked List * Day21 ([[Media:Day21.A.20171206.pdf |A.pdf]], [[Media:Day21.B.20171208.pdf |B.pdf]], [[Media:Day21.C.20171212.pdf |C.pdf]]) ...... File Processing * Day22 ([[Media:Day22.A.20171212.pdf |A.pdf]], [[Media:Day22.B.20171213.pdf |B.pdf]], [[Media:Day22.C.20171212.pdf |C.pdf]]) ...... Preprocessing <!----------------------------------------------------------------------> </br> See also https://cprogramex.wordpress.com/ == '''Old Materials '''== until 201201 * Intro.Overview.1.A ([[Media:C.Intro.Overview.1.A.20120107.pdf |pdf]]) * Intro.Memory.1.A ([[Media:C.Intro.Memory.1.A.20120107.pdf |pdf]]) * Intro.Number.1.A ([[Media:C.Intro.Number.1.A.20120107.pdf |pdf]]) * Repeat.Control.1.A ([[Media:C.Repeat.Control.1.A.20120109.pdf |pdf]]) * Repeat.Loop.1.A ([[Media:C.Repeat.Loop.1.A.20120113.pdf |pdf]]) * Work.Function.1.A ([[Media:C.Work.Function.1.A.20120117.pdf |pdf]]) * Work.Scope.1.A ([[Media:C.Work.Scope.1.A.20120117.pdf |pdf]]) * Series.Array.1.A ([[Media:Series.Array.1.A.20110718.pdf |pdf]]) * Series.Pointer.1.A ([[Media:Series.Pointer.1.A.20110719.pdf |pdf]]) * Series.Structure.1.A ([[Media:Series.Structure.1.A.20110805.pdf |pdf]]) * Data.Type.1.A ([[Media:C05.Data2.TypeCast.1.A.20130813.pdf |pdf]]) * Data.TypeCast.1.A ([[Media:Data.TypeCast.1.A.pdf |pdf]]) * Data.Operators.1.A ([[Media:Data.Operators.1.A.20110712.pdf |pdf]]) <br> until 201107 * Intro.1.A ([[Media:Intro.1.A.pdf |pdf]]) * Control.1.A ([[Media:Control.1.A.20110706.pdf |pdf]]) * Iteration.1.A ([[Media:Iteration.1.A.pdf |pdf]]) * Function.1.A ([[Media:Function.1.A.20110705.pdf |pdf]]) * Variable.1.A ([[Media:Variable.1.A.20110708.pdf |pdf]]) * Operators.1.A ([[Media:Operators.1.A.20110712.pdf |pdf]]) * Pointer.1.A ([[Media:Pointer.1.A.pdf |pdf]]) * Pointer.2.A ([[Media:Pointer.2.A.pdf |pdf]]) * Array.1.A ([[Media:Array.1.A.pdf |pdf]]) * Type.1.A ([[Media:Type.1.A.pdf |pdf]]) * Structure.1.A ([[Media:Structure.1.A.pdf |pdf]]) go to [ [[C programming in plain view]] ] [[Category:C programming language]] </br> 4s2fld8kthezac8wac0t34d4zv9hw9j Wikiversity:Notices for custodians/Archive/7 4 285692 2809233 2808716 2026-05-14T16:49:40Z Codename Noreste 2969951 /* GRP socks */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809233 wikitext text/x-wiki {{archive|Wikiversity:Notices for custodians}} == Been Busy == Hi everyone, must apologize I have been very busy the last 6 months or so due to a severe publication schedule for a number of papers, also here on Wikimedia I have been added to the Ombuds Commission. I do try to visit here when I can but have not been very visible. Things should settle down in the next few months. Cheers [[User:Faendalimas|<span style="color: #004730">Scott Thomson</span>]] (<small class="nickname">Faendalimas</small>) <sup>[[User talk:Faendalimas|<span style="color: maroon">talk</span>]]</sup> 17:10, 18 February 2021 (UTC) == Invitation to [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion]] == Please move this note if incorrectly placed. I am interested in [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion|hearing the input of Wikiversity administrators and other users about the application of the Universal Code of Conduct]], especially from the perspective of interactions ''on Wikiversity'' at the linked page. [[User:Xeno (WMF)|Xeno (WMF)]] ([[User talk:Xeno (WMF)|talk]]) 23:20, 17 April 2021 (UTC) :[[User:Xeno]] Since you said you are interested in "hearing the input": :RE: <blockquote>Multiple times, I have woken up to discover that someone has been globally banned for an unspecified offence...I imagine that enforcement of the UCoC will increase the number of these unannounced global bans</blockquote> :Most global blocks and locks are executed by Stewards who are volunteers, not wmf employees. There are currently about 3 dozen Stewards, supposedly elected by the global community, however not many are aware of these elections and only a minute percentage of the global community votes. Members of the community who have been blocked globally (or at Meta) are unable to participate in these elections, even those with thousands of edits who have been part of the community for many years. :The Stewards do not have a stewards noticeboard where community members can have questions answered. Some of the stewards have only been part of the community for a year or two, and many do not speak English well enough to understand the issues or communicate with fellow Stewards. It appears that Stewards are not accountable to members of the community, and those who are concerned are not permitted to ask questions, let alone encouraged to help others. :There are a lot (hundreds if not more) of globally blocked (and locked) users, but I don't know where one could see who these users are or the why and who blocked them. :<small> I posted here because I am one of the community members who are not permitted to participate in this global discussion on META . I sincerely hope that posting my input here will not be grounds for blocking me at wikiversity (its a long story, but I have been blocked for this type of "offence" before on another wmf-wiki, and have been threatened with further blocks since - look up editing by proxy if you don't believe this is a blockable offence). </small> [[User:Ottawahitech|Ottawahitech]] ([[User talk:Ottawahitech|discuss]] • [[Special:Contributions/Ottawahitech|contribs]]) 20:27, 22 April 2021 (UTC) ::Hi [[User:Ottawahitech|Ottawahitech]]. I'd absolutely love to address your concerns, because, as usual, they're patently unfounded. ::1) Stewards are elected and confirmed in annual steward elections, and yes, they're volunteers. Hundreds of editors participate, and the requirements to participate are very minimal. Banners are shown to logged-in editors on practically every project and turnout is generally quite good. But yes, if you are locked or blocked on Meta you will not be able to vote, obviously. There are very few editors with your edit count who have caused enough problems on Meta-Wiki to necessitate an indefinite block from the project. You are one of them. ::2) Regarding the fact that your comment is a reply to that quote, Stewards do not impose global bans. Global community bans take weeks or months of RfC discussion on Meta-Wiki, where Foundation bans can be imposed overnight by the Foundation. So I assume the person is referring to Foundation bans. More often than not (aka basically every instance) these Foundation bans involve private information. It would be utterly asinine to expect the Foundation to make private information public to justify a ban. The point of T&S is to handle such cases. And no, the UCoC would likely not have any effect on the frequency of Foundation-imposed bans. ::3) The stewards have about a dozen noticeboards which practically anyone (except you, of course, you're blocked on meta) can leave requests or questions on. There's also the Wikimedia Forum and various other pages. You have no idea what you're talking about. ::4) There are no stewards who have been around for that little amount of time, and all of them know English well enough to communicate on-wiki and with other stewards in English. Again, you have absolutely no idea what you're talking about. ::5) Stewards are accountable in elections and yearly confirmations. Concerned editors are obviously able to ask questions, whether it be on the talk pages of stewards, the various mailing lists, email queues, noticeboards, or forums. Again, you're making sweeping claims with absolutely no remote concept of what you're saying. ::6) There are tens of thousands of locked accounts. There's a public log, on Meta. Just because you failed to find it in 10 seconds of clicking doesn't mean there's an evil cabal keeping you from the truth. ::It's crap like this that got you blocked on Meta-Wiki. Here's my advice: stop making shit up. If you have a question, ask the damn question, don't assume the answer. I gave you three methods to contact me (talk page, email, IRC) on Meta, none of which you used before your block there became necessary. You even ignored talk page messages trying to help. Instead of asking questions and allowing more experienced contributors to clear things up, you decided to fabricate the answers to justify your crusade against perceived evildoers. Your comments here, based nearly entirely in personal fantasy, could very easily be confused for trolling. Regards, [[User:Vermont|Vermont]] ([[User talk:Vermont|discuss]] • [[Special:Contributions/Vermont|contribs]]) 14:13, 23 April 2021 (UTC) == MediaWiki:Common.css Update == We need to update [[MediaWiki:Common.css]] to support [[Phabricator:T280766]], as noted in this week's [[Wikiversity:Newsletters/Tech News#Tech News: 2021-18|Tech News]]. Is anyone available to make the change? -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:07, 3 May 2021 (UTC) :{{ping|Dave Braunschweig}} I can if given the rights (technically, as a global sysop I can already, but since I'm a member of the community I'd prefer not to use my GS access to go around local procedure for interface admin, though this might be worth starting a discussion about) --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:08, 3 May 2021 (UTC) ::{{At|DannyS712}} Rights granted. Thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:28, 3 May 2021 (UTC) :::Copied to common.css as a temporary fix, per tech news, at some point I'll try to go through and see if these are actually needed anywhere. I'll remove the rights in a few days if nothing is broken --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:59, 3 May 2021 (UTC) == Atcovi Custodianship == {{At|Bert Niehaus|Cody naccarato|DannyS712|Evolution and evolvability|Faendalimas|Green Giant|Guy vandegrift|Hasley|Juandev|Koavf|Lbeaumont|Mikael Häggström|RadiX}} Atcovi has been nominated for custodianship. It is important for active [[Wikiversity:STAFF]] to participate in these discussions. Please share your thoughts and vote. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 14:13, 23 May 2021 (UTC) :Link for reference [[Wikiversity:Candidates_for_Custodianship#Atcovi_(talk_•_email_•_contribs_•_stats_•_logs_•_global_account)|Wikiversity:Candidates_for_Custodianship]]. [[User:Evolution and evolvability|T.Shafee(Evo&#65120;Evo)]]<sup>[[User talk:Evolution and evolvability|talk]]</sup> 01:40, 24 May 2021 (UTC) == [[Talk:Bell's theorem]] == Could someone semi-protect this page for a while, [[w:en:WP:LTA/GRP|george reeves person's]] at it again. Thanks in advance, [[User:Nigos|Nigos]] ([[User talk:Nigos|discuss]] • [[Special:Contributions/Nigos|contribs]]) 14:15, 21 December 2021 (UTC) :{{Done}} {{At|Nigos}} Thanks for your ongoing anti-vandalism efforts! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:09, 21 December 2021 (UTC) ::No problem, I was unfortunately sucked into this 2 years ago. [[User:Nigos|Nigos]] <small>([[User talk:Nigos|discuss]] | [[Special:Contribs/Nigos|contribs]])</small> 16:10, 21 December 2021 (UTC) == IP Editing == I'm posting this so Curators are aware of pending changes to anonymous editing. Custodians all received notice on their Talk pages. Please see [[m:IP Editing: Privacy Enhancement and Abuse Mitigation]]. There are two approaches being discussed. One will hash IP addresses. The other will implement session IDs based on cookies. If you have questions or concerns, please join the [[m:Talk:IP Editing: Privacy Enhancement and Abuse Mitigation|discussion]] on Meta. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 18:43, 4 January 2022 (UTC) :Per [[m:Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information.]] - "Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information." Where is this opt-in in preferences? --[[User:Mu301|mikeu]] <sup>[[User talk:Mu301|talk]]</sup> 00:12, 5 January 2022 (UTC) ::This is all in discussion. They're making a decision as to how to implement later this month. Then they code it, then they roll it out, then we'll see the opt-in preference. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:52, 5 January 2022 (UTC) == [[Special:Contribs/84.126.165.13]] == Vandalism. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 14:42, 11 January 2023 (UTC) :CC {{ping|Antandrus}} since you were deleted a vandalism page. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 15:23, 11 January 2023 (UTC) :I'm not able to block, only protect and delete - I can protect it from re-creation though. [[User:Antandrus|Antandrus]] ([[User talk:Antandrus|discuss]] • [[Special:Contributions/Antandrus|contribs]]) 15:25, 11 January 2023 (UTC) ::Blocked and hidden. Thank you, &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 16:10, 11 January 2023 (UTC) :::See also [[Special:Contributions/Goggdoggdetroyer]]. This is a long-term abuser who will edit from several IPs. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:54, 12 January 2023 (UTC) ::::[[Special:Contributions/201.146.32.131]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:55, 12 January 2023 (UTC) :::::Please make sure to revdel all of these as well. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:56, 12 January 2023 (UTC) ::::::[[Special:Contributions/189.129.121.186]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:17, 12 January 2023 (UTC) :::::::[[Special:Contributions/189.223.219.134]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 03:20, 12 January 2023 (UTC) ::::::::{{done}}. &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 15:16, 12 January 2023 (UTC) == [[Special:Contribs/41.214.18.231]] == Long-term abuse. [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 08:05, 24 January 2023 (UTC) :{{done}} by GV. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:33, 24 January 2023 (UTC) == [[Special:Contribs/ApprenticeFan]] == Long-term abuse. – [[Special:Contributions/2405:4802:1AB:E140:91F9:4320:8977:E239|2405:4802:1AB:E140:91F9:4320:8977:E239]] ([[User talk:2405:4802:1AB:E140:91F9:4320:8977:E239|discuss]]) 14:59, 28 January 2023 (UTC) :Globally locked. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 15:17, 28 January 2023 (UTC) == [[Special:Contribs/41.202.78.57]] == Long-term abuse: Globally+WMF banned: [[:w:en:WP:LTA/GRP]]. – [[Special:Contributions/2405:4802:36C:3B0:1C90:9B74:603F:E6F|2405:4802:36C:3B0:1C90:9B74:603F:E6F]] ([[User talk:2405:4802:36C:3B0:1C90:9B74:603F:E6F|discuss]]) 13:02, 30 January 2023 (UTC) :I will take no action on this because I am confused: One IP user is requesting that action be taken against another IP user. Who is [[User:2405:4802:36C:3B0:1C90:9B74:603F:E6F]]?--[[User:Guy vandegrift|Guy vandegrift]] ([[User talk:Guy vandegrift|discuss]] • [[Special:Contributions/Guy vandegrift|contribs]]) 00:43, 31 January 2023 (UTC) == [[Special:Contributions/2A02:1210:5493:6F00:8D60:CF27:AC3E:C328]] == Block and revdel, please. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:29, 13 February 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 23:59, 13 February 2023 (UTC) == [[Special:Contributions/KEMONO PANTSU X]] == Vandalism, please block. [[User:Blua lago|Blua lago]] ([[User talk:Blua lago|discuss]] • [[Special:Contributions/Blua lago|contribs]]) 08:29, 29 March 2023 (UTC) : {{done}} The user has been locked. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 09:15, 29 March 2023 (UTC) ==[[Special:Contributions/2600:1003:B03E:C660:0:19:5833:C401]]== Revdel, please. --[[User:Jan.Kamenicek|Jan Kameníček]] ([[User talk:Jan.Kamenicek|discuss]] • [[Special:Contributions/Jan.Kamenicek|contribs]]) 19:12, 23 April 2023 (UTC) :@[[User:Jan.Kamenicek|Jan.Kamenicek]]: {{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:13, 24 April 2023 (UTC) == GRP socks == * {{user|170.83.119.121}} * {{user|181.115.60.123}} Long-term abuse: [[w:WP:LTA/GRP]]. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:13, 4 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 03:26, 4 May 2023 (UTC) ::Revdel request: [[Special:Contributions/154.246.203.175]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 20:44, 7 May 2023 (UTC) 14tzftnlmembb94alvefi2w863hxgy9 2809235 2809233 2026-05-14T16:49:51Z Codename Noreste 2969951 /* 189.223.144.31 */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809235 wikitext text/x-wiki {{archive|Wikiversity:Notices for custodians}} == Been Busy == Hi everyone, must apologize I have been very busy the last 6 months or so due to a severe publication schedule for a number of papers, also here on Wikimedia I have been added to the Ombuds Commission. I do try to visit here when I can but have not been very visible. Things should settle down in the next few months. Cheers [[User:Faendalimas|<span style="color: #004730">Scott Thomson</span>]] (<small class="nickname">Faendalimas</small>) <sup>[[User talk:Faendalimas|<span style="color: maroon">talk</span>]]</sup> 17:10, 18 February 2021 (UTC) == Invitation to [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion]] == Please move this note if incorrectly placed. I am interested in [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion|hearing the input of Wikiversity administrators and other users about the application of the Universal Code of Conduct]], especially from the perspective of interactions ''on Wikiversity'' at the linked page. [[User:Xeno (WMF)|Xeno (WMF)]] ([[User talk:Xeno (WMF)|talk]]) 23:20, 17 April 2021 (UTC) :[[User:Xeno]] Since you said you are interested in "hearing the input": :RE: <blockquote>Multiple times, I have woken up to discover that someone has been globally banned for an unspecified offence...I imagine that enforcement of the UCoC will increase the number of these unannounced global bans</blockquote> :Most global blocks and locks are executed by Stewards who are volunteers, not wmf employees. There are currently about 3 dozen Stewards, supposedly elected by the global community, however not many are aware of these elections and only a minute percentage of the global community votes. Members of the community who have been blocked globally (or at Meta) are unable to participate in these elections, even those with thousands of edits who have been part of the community for many years. :The Stewards do not have a stewards noticeboard where community members can have questions answered. Some of the stewards have only been part of the community for a year or two, and many do not speak English well enough to understand the issues or communicate with fellow Stewards. It appears that Stewards are not accountable to members of the community, and those who are concerned are not permitted to ask questions, let alone encouraged to help others. :There are a lot (hundreds if not more) of globally blocked (and locked) users, but I don't know where one could see who these users are or the why and who blocked them. :<small> I posted here because I am one of the community members who are not permitted to participate in this global discussion on META . I sincerely hope that posting my input here will not be grounds for blocking me at wikiversity (its a long story, but I have been blocked for this type of "offence" before on another wmf-wiki, and have been threatened with further blocks since - look up editing by proxy if you don't believe this is a blockable offence). </small> [[User:Ottawahitech|Ottawahitech]] ([[User talk:Ottawahitech|discuss]] • [[Special:Contributions/Ottawahitech|contribs]]) 20:27, 22 April 2021 (UTC) ::Hi [[User:Ottawahitech|Ottawahitech]]. I'd absolutely love to address your concerns, because, as usual, they're patently unfounded. ::1) Stewards are elected and confirmed in annual steward elections, and yes, they're volunteers. Hundreds of editors participate, and the requirements to participate are very minimal. Banners are shown to logged-in editors on practically every project and turnout is generally quite good. But yes, if you are locked or blocked on Meta you will not be able to vote, obviously. There are very few editors with your edit count who have caused enough problems on Meta-Wiki to necessitate an indefinite block from the project. You are one of them. ::2) Regarding the fact that your comment is a reply to that quote, Stewards do not impose global bans. Global community bans take weeks or months of RfC discussion on Meta-Wiki, where Foundation bans can be imposed overnight by the Foundation. So I assume the person is referring to Foundation bans. More often than not (aka basically every instance) these Foundation bans involve private information. It would be utterly asinine to expect the Foundation to make private information public to justify a ban. The point of T&S is to handle such cases. And no, the UCoC would likely not have any effect on the frequency of Foundation-imposed bans. ::3) The stewards have about a dozen noticeboards which practically anyone (except you, of course, you're blocked on meta) can leave requests or questions on. There's also the Wikimedia Forum and various other pages. You have no idea what you're talking about. ::4) There are no stewards who have been around for that little amount of time, and all of them know English well enough to communicate on-wiki and with other stewards in English. Again, you have absolutely no idea what you're talking about. ::5) Stewards are accountable in elections and yearly confirmations. Concerned editors are obviously able to ask questions, whether it be on the talk pages of stewards, the various mailing lists, email queues, noticeboards, or forums. Again, you're making sweeping claims with absolutely no remote concept of what you're saying. ::6) There are tens of thousands of locked accounts. There's a public log, on Meta. Just because you failed to find it in 10 seconds of clicking doesn't mean there's an evil cabal keeping you from the truth. ::It's crap like this that got you blocked on Meta-Wiki. Here's my advice: stop making shit up. If you have a question, ask the damn question, don't assume the answer. I gave you three methods to contact me (talk page, email, IRC) on Meta, none of which you used before your block there became necessary. You even ignored talk page messages trying to help. Instead of asking questions and allowing more experienced contributors to clear things up, you decided to fabricate the answers to justify your crusade against perceived evildoers. Your comments here, based nearly entirely in personal fantasy, could very easily be confused for trolling. Regards, [[User:Vermont|Vermont]] ([[User talk:Vermont|discuss]] • [[Special:Contributions/Vermont|contribs]]) 14:13, 23 April 2021 (UTC) == MediaWiki:Common.css Update == We need to update [[MediaWiki:Common.css]] to support [[Phabricator:T280766]], as noted in this week's [[Wikiversity:Newsletters/Tech News#Tech News: 2021-18|Tech News]]. Is anyone available to make the change? -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:07, 3 May 2021 (UTC) :{{ping|Dave Braunschweig}} I can if given the rights (technically, as a global sysop I can already, but since I'm a member of the community I'd prefer not to use my GS access to go around local procedure for interface admin, though this might be worth starting a discussion about) --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:08, 3 May 2021 (UTC) ::{{At|DannyS712}} Rights granted. Thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:28, 3 May 2021 (UTC) :::Copied to common.css as a temporary fix, per tech news, at some point I'll try to go through and see if these are actually needed anywhere. I'll remove the rights in a few days if nothing is broken --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:59, 3 May 2021 (UTC) == Atcovi Custodianship == {{At|Bert Niehaus|Cody naccarato|DannyS712|Evolution and evolvability|Faendalimas|Green Giant|Guy vandegrift|Hasley|Juandev|Koavf|Lbeaumont|Mikael Häggström|RadiX}} Atcovi has been nominated for custodianship. It is important for active [[Wikiversity:STAFF]] to participate in these discussions. Please share your thoughts and vote. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 14:13, 23 May 2021 (UTC) :Link for reference [[Wikiversity:Candidates_for_Custodianship#Atcovi_(talk_•_email_•_contribs_•_stats_•_logs_•_global_account)|Wikiversity:Candidates_for_Custodianship]]. [[User:Evolution and evolvability|T.Shafee(Evo&#65120;Evo)]]<sup>[[User talk:Evolution and evolvability|talk]]</sup> 01:40, 24 May 2021 (UTC) == [[Talk:Bell's theorem]] == Could someone semi-protect this page for a while, [[w:en:WP:LTA/GRP|george reeves person's]] at it again. Thanks in advance, [[User:Nigos|Nigos]] ([[User talk:Nigos|discuss]] • [[Special:Contributions/Nigos|contribs]]) 14:15, 21 December 2021 (UTC) :{{Done}} {{At|Nigos}} Thanks for your ongoing anti-vandalism efforts! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:09, 21 December 2021 (UTC) ::No problem, I was unfortunately sucked into this 2 years ago. [[User:Nigos|Nigos]] <small>([[User talk:Nigos|discuss]] | [[Special:Contribs/Nigos|contribs]])</small> 16:10, 21 December 2021 (UTC) == IP Editing == I'm posting this so Curators are aware of pending changes to anonymous editing. Custodians all received notice on their Talk pages. Please see [[m:IP Editing: Privacy Enhancement and Abuse Mitigation]]. There are two approaches being discussed. One will hash IP addresses. The other will implement session IDs based on cookies. If you have questions or concerns, please join the [[m:Talk:IP Editing: Privacy Enhancement and Abuse Mitigation|discussion]] on Meta. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 18:43, 4 January 2022 (UTC) :Per [[m:Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information.]] - "Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information." Where is this opt-in in preferences? --[[User:Mu301|mikeu]] <sup>[[User talk:Mu301|talk]]</sup> 00:12, 5 January 2022 (UTC) ::This is all in discussion. They're making a decision as to how to implement later this month. Then they code it, then they roll it out, then we'll see the opt-in preference. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:52, 5 January 2022 (UTC) == [[Special:Contribs/84.126.165.13]] == Vandalism. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 14:42, 11 January 2023 (UTC) :CC {{ping|Antandrus}} since you were deleted a vandalism page. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 15:23, 11 January 2023 (UTC) :I'm not able to block, only protect and delete - I can protect it from re-creation though. [[User:Antandrus|Antandrus]] ([[User talk:Antandrus|discuss]] • [[Special:Contributions/Antandrus|contribs]]) 15:25, 11 January 2023 (UTC) ::Blocked and hidden. Thank you, &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 16:10, 11 January 2023 (UTC) :::See also [[Special:Contributions/Goggdoggdetroyer]]. This is a long-term abuser who will edit from several IPs. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:54, 12 January 2023 (UTC) ::::[[Special:Contributions/201.146.32.131]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:55, 12 January 2023 (UTC) :::::Please make sure to revdel all of these as well. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:56, 12 January 2023 (UTC) ::::::[[Special:Contributions/189.129.121.186]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:17, 12 January 2023 (UTC) :::::::[[Special:Contributions/189.223.219.134]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 03:20, 12 January 2023 (UTC) ::::::::{{done}}. &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 15:16, 12 January 2023 (UTC) == [[Special:Contribs/41.214.18.231]] == Long-term abuse. [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 08:05, 24 January 2023 (UTC) :{{done}} by GV. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:33, 24 January 2023 (UTC) == [[Special:Contribs/ApprenticeFan]] == Long-term abuse. – [[Special:Contributions/2405:4802:1AB:E140:91F9:4320:8977:E239|2405:4802:1AB:E140:91F9:4320:8977:E239]] ([[User talk:2405:4802:1AB:E140:91F9:4320:8977:E239|discuss]]) 14:59, 28 January 2023 (UTC) :Globally locked. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 15:17, 28 January 2023 (UTC) == [[Special:Contribs/41.202.78.57]] == Long-term abuse: Globally+WMF banned: [[:w:en:WP:LTA/GRP]]. – [[Special:Contributions/2405:4802:36C:3B0:1C90:9B74:603F:E6F|2405:4802:36C:3B0:1C90:9B74:603F:E6F]] ([[User talk:2405:4802:36C:3B0:1C90:9B74:603F:E6F|discuss]]) 13:02, 30 January 2023 (UTC) :I will take no action on this because I am confused: One IP user is requesting that action be taken against another IP user. Who is [[User:2405:4802:36C:3B0:1C90:9B74:603F:E6F]]?--[[User:Guy vandegrift|Guy vandegrift]] ([[User talk:Guy vandegrift|discuss]] • [[Special:Contributions/Guy vandegrift|contribs]]) 00:43, 31 January 2023 (UTC) == [[Special:Contributions/2A02:1210:5493:6F00:8D60:CF27:AC3E:C328]] == Block and revdel, please. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:29, 13 February 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 23:59, 13 February 2023 (UTC) == [[Special:Contributions/KEMONO PANTSU X]] == Vandalism, please block. [[User:Blua lago|Blua lago]] ([[User talk:Blua lago|discuss]] • [[Special:Contributions/Blua lago|contribs]]) 08:29, 29 March 2023 (UTC) : {{done}} The user has been locked. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 09:15, 29 March 2023 (UTC) ==[[Special:Contributions/2600:1003:B03E:C660:0:19:5833:C401]]== Revdel, please. --[[User:Jan.Kamenicek|Jan Kameníček]] ([[User talk:Jan.Kamenicek|discuss]] • [[Special:Contributions/Jan.Kamenicek|contribs]]) 19:12, 23 April 2023 (UTC) :@[[User:Jan.Kamenicek|Jan.Kamenicek]]: {{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:13, 24 April 2023 (UTC) == GRP socks == * {{user|170.83.119.121}} * {{user|181.115.60.123}} Long-term abuse: [[w:WP:LTA/GRP]]. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:13, 4 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 03:26, 4 May 2023 (UTC) ::Revdel request: [[Special:Contributions/154.246.203.175]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 20:44, 7 May 2023 (UTC) == [[special:contribs/189.223.144.31|189.223.144.31]] == * {{user|189.223.144.31}} * Report reason: Open proxy (used by [[w:WP:LTA/GRP|GRP]]), left an abusive edit summary on my talk page. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 01:50, 14 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:09, 14 May 2023 (UTC) tummy6ql4wx7a2yjx09n1tk1df2wo2g 2809238 2809235 2026-05-14T16:50:08Z Codename Noreste 2969951 /* 2601:206:8580:35D0:714E:77DC:EAE3:DFE3 */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809238 wikitext text/x-wiki {{archive|Wikiversity:Notices for custodians}} == Been Busy == Hi everyone, must apologize I have been very busy the last 6 months or so due to a severe publication schedule for a number of papers, also here on Wikimedia I have been added to the Ombuds Commission. I do try to visit here when I can but have not been very visible. Things should settle down in the next few months. Cheers [[User:Faendalimas|<span style="color: #004730">Scott Thomson</span>]] (<small class="nickname">Faendalimas</small>) <sup>[[User talk:Faendalimas|<span style="color: maroon">talk</span>]]</sup> 17:10, 18 February 2021 (UTC) == Invitation to [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion]] == Please move this note if incorrectly placed. I am interested in [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion|hearing the input of Wikiversity administrators and other users about the application of the Universal Code of Conduct]], especially from the perspective of interactions ''on Wikiversity'' at the linked page. [[User:Xeno (WMF)|Xeno (WMF)]] ([[User talk:Xeno (WMF)|talk]]) 23:20, 17 April 2021 (UTC) :[[User:Xeno]] Since you said you are interested in "hearing the input": :RE: <blockquote>Multiple times, I have woken up to discover that someone has been globally banned for an unspecified offence...I imagine that enforcement of the UCoC will increase the number of these unannounced global bans</blockquote> :Most global blocks and locks are executed by Stewards who are volunteers, not wmf employees. There are currently about 3 dozen Stewards, supposedly elected by the global community, however not many are aware of these elections and only a minute percentage of the global community votes. Members of the community who have been blocked globally (or at Meta) are unable to participate in these elections, even those with thousands of edits who have been part of the community for many years. :The Stewards do not have a stewards noticeboard where community members can have questions answered. Some of the stewards have only been part of the community for a year or two, and many do not speak English well enough to understand the issues or communicate with fellow Stewards. It appears that Stewards are not accountable to members of the community, and those who are concerned are not permitted to ask questions, let alone encouraged to help others. :There are a lot (hundreds if not more) of globally blocked (and locked) users, but I don't know where one could see who these users are or the why and who blocked them. :<small> I posted here because I am one of the community members who are not permitted to participate in this global discussion on META . I sincerely hope that posting my input here will not be grounds for blocking me at wikiversity (its a long story, but I have been blocked for this type of "offence" before on another wmf-wiki, and have been threatened with further blocks since - look up editing by proxy if you don't believe this is a blockable offence). </small> [[User:Ottawahitech|Ottawahitech]] ([[User talk:Ottawahitech|discuss]] • [[Special:Contributions/Ottawahitech|contribs]]) 20:27, 22 April 2021 (UTC) ::Hi [[User:Ottawahitech|Ottawahitech]]. I'd absolutely love to address your concerns, because, as usual, they're patently unfounded. ::1) Stewards are elected and confirmed in annual steward elections, and yes, they're volunteers. Hundreds of editors participate, and the requirements to participate are very minimal. Banners are shown to logged-in editors on practically every project and turnout is generally quite good. But yes, if you are locked or blocked on Meta you will not be able to vote, obviously. There are very few editors with your edit count who have caused enough problems on Meta-Wiki to necessitate an indefinite block from the project. You are one of them. ::2) Regarding the fact that your comment is a reply to that quote, Stewards do not impose global bans. Global community bans take weeks or months of RfC discussion on Meta-Wiki, where Foundation bans can be imposed overnight by the Foundation. So I assume the person is referring to Foundation bans. More often than not (aka basically every instance) these Foundation bans involve private information. It would be utterly asinine to expect the Foundation to make private information public to justify a ban. The point of T&S is to handle such cases. And no, the UCoC would likely not have any effect on the frequency of Foundation-imposed bans. ::3) The stewards have about a dozen noticeboards which practically anyone (except you, of course, you're blocked on meta) can leave requests or questions on. There's also the Wikimedia Forum and various other pages. You have no idea what you're talking about. ::4) There are no stewards who have been around for that little amount of time, and all of them know English well enough to communicate on-wiki and with other stewards in English. Again, you have absolutely no idea what you're talking about. ::5) Stewards are accountable in elections and yearly confirmations. Concerned editors are obviously able to ask questions, whether it be on the talk pages of stewards, the various mailing lists, email queues, noticeboards, or forums. Again, you're making sweeping claims with absolutely no remote concept of what you're saying. ::6) There are tens of thousands of locked accounts. There's a public log, on Meta. Just because you failed to find it in 10 seconds of clicking doesn't mean there's an evil cabal keeping you from the truth. ::It's crap like this that got you blocked on Meta-Wiki. Here's my advice: stop making shit up. If you have a question, ask the damn question, don't assume the answer. I gave you three methods to contact me (talk page, email, IRC) on Meta, none of which you used before your block there became necessary. You even ignored talk page messages trying to help. Instead of asking questions and allowing more experienced contributors to clear things up, you decided to fabricate the answers to justify your crusade against perceived evildoers. Your comments here, based nearly entirely in personal fantasy, could very easily be confused for trolling. Regards, [[User:Vermont|Vermont]] ([[User talk:Vermont|discuss]] • [[Special:Contributions/Vermont|contribs]]) 14:13, 23 April 2021 (UTC) == MediaWiki:Common.css Update == We need to update [[MediaWiki:Common.css]] to support [[Phabricator:T280766]], as noted in this week's [[Wikiversity:Newsletters/Tech News#Tech News: 2021-18|Tech News]]. Is anyone available to make the change? -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:07, 3 May 2021 (UTC) :{{ping|Dave Braunschweig}} I can if given the rights (technically, as a global sysop I can already, but since I'm a member of the community I'd prefer not to use my GS access to go around local procedure for interface admin, though this might be worth starting a discussion about) --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:08, 3 May 2021 (UTC) ::{{At|DannyS712}} Rights granted. Thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:28, 3 May 2021 (UTC) :::Copied to common.css as a temporary fix, per tech news, at some point I'll try to go through and see if these are actually needed anywhere. I'll remove the rights in a few days if nothing is broken --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:59, 3 May 2021 (UTC) == Atcovi Custodianship == {{At|Bert Niehaus|Cody naccarato|DannyS712|Evolution and evolvability|Faendalimas|Green Giant|Guy vandegrift|Hasley|Juandev|Koavf|Lbeaumont|Mikael Häggström|RadiX}} Atcovi has been nominated for custodianship. It is important for active [[Wikiversity:STAFF]] to participate in these discussions. Please share your thoughts and vote. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 14:13, 23 May 2021 (UTC) :Link for reference [[Wikiversity:Candidates_for_Custodianship#Atcovi_(talk_•_email_•_contribs_•_stats_•_logs_•_global_account)|Wikiversity:Candidates_for_Custodianship]]. [[User:Evolution and evolvability|T.Shafee(Evo&#65120;Evo)]]<sup>[[User talk:Evolution and evolvability|talk]]</sup> 01:40, 24 May 2021 (UTC) == [[Talk:Bell's theorem]] == Could someone semi-protect this page for a while, [[w:en:WP:LTA/GRP|george reeves person's]] at it again. Thanks in advance, [[User:Nigos|Nigos]] ([[User talk:Nigos|discuss]] • [[Special:Contributions/Nigos|contribs]]) 14:15, 21 December 2021 (UTC) :{{Done}} {{At|Nigos}} Thanks for your ongoing anti-vandalism efforts! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:09, 21 December 2021 (UTC) ::No problem, I was unfortunately sucked into this 2 years ago. [[User:Nigos|Nigos]] <small>([[User talk:Nigos|discuss]] | [[Special:Contribs/Nigos|contribs]])</small> 16:10, 21 December 2021 (UTC) == IP Editing == I'm posting this so Curators are aware of pending changes to anonymous editing. Custodians all received notice on their Talk pages. Please see [[m:IP Editing: Privacy Enhancement and Abuse Mitigation]]. There are two approaches being discussed. One will hash IP addresses. The other will implement session IDs based on cookies. If you have questions or concerns, please join the [[m:Talk:IP Editing: Privacy Enhancement and Abuse Mitigation|discussion]] on Meta. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 18:43, 4 January 2022 (UTC) :Per [[m:Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information.]] - "Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information." Where is this opt-in in preferences? --[[User:Mu301|mikeu]] <sup>[[User talk:Mu301|talk]]</sup> 00:12, 5 January 2022 (UTC) ::This is all in discussion. They're making a decision as to how to implement later this month. Then they code it, then they roll it out, then we'll see the opt-in preference. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:52, 5 January 2022 (UTC) == [[Special:Contribs/84.126.165.13]] == Vandalism. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 14:42, 11 January 2023 (UTC) :CC {{ping|Antandrus}} since you were deleted a vandalism page. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 15:23, 11 January 2023 (UTC) :I'm not able to block, only protect and delete - I can protect it from re-creation though. [[User:Antandrus|Antandrus]] ([[User talk:Antandrus|discuss]] • [[Special:Contributions/Antandrus|contribs]]) 15:25, 11 January 2023 (UTC) ::Blocked and hidden. Thank you, &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 16:10, 11 January 2023 (UTC) :::See also [[Special:Contributions/Goggdoggdetroyer]]. This is a long-term abuser who will edit from several IPs. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:54, 12 January 2023 (UTC) ::::[[Special:Contributions/201.146.32.131]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:55, 12 January 2023 (UTC) :::::Please make sure to revdel all of these as well. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:56, 12 January 2023 (UTC) ::::::[[Special:Contributions/189.129.121.186]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:17, 12 January 2023 (UTC) :::::::[[Special:Contributions/189.223.219.134]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 03:20, 12 January 2023 (UTC) ::::::::{{done}}. &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 15:16, 12 January 2023 (UTC) == [[Special:Contribs/41.214.18.231]] == Long-term abuse. [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 08:05, 24 January 2023 (UTC) :{{done}} by GV. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:33, 24 January 2023 (UTC) == [[Special:Contribs/ApprenticeFan]] == Long-term abuse. – [[Special:Contributions/2405:4802:1AB:E140:91F9:4320:8977:E239|2405:4802:1AB:E140:91F9:4320:8977:E239]] ([[User talk:2405:4802:1AB:E140:91F9:4320:8977:E239|discuss]]) 14:59, 28 January 2023 (UTC) :Globally locked. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 15:17, 28 January 2023 (UTC) == [[Special:Contribs/41.202.78.57]] == Long-term abuse: Globally+WMF banned: [[:w:en:WP:LTA/GRP]]. – [[Special:Contributions/2405:4802:36C:3B0:1C90:9B74:603F:E6F|2405:4802:36C:3B0:1C90:9B74:603F:E6F]] ([[User talk:2405:4802:36C:3B0:1C90:9B74:603F:E6F|discuss]]) 13:02, 30 January 2023 (UTC) :I will take no action on this because I am confused: One IP user is requesting that action be taken against another IP user. Who is [[User:2405:4802:36C:3B0:1C90:9B74:603F:E6F]]?--[[User:Guy vandegrift|Guy vandegrift]] ([[User talk:Guy vandegrift|discuss]] • [[Special:Contributions/Guy vandegrift|contribs]]) 00:43, 31 January 2023 (UTC) == [[Special:Contributions/2A02:1210:5493:6F00:8D60:CF27:AC3E:C328]] == Block and revdel, please. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:29, 13 February 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 23:59, 13 February 2023 (UTC) == [[Special:Contributions/KEMONO PANTSU X]] == Vandalism, please block. [[User:Blua lago|Blua lago]] ([[User talk:Blua lago|discuss]] • [[Special:Contributions/Blua lago|contribs]]) 08:29, 29 March 2023 (UTC) : {{done}} The user has been locked. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 09:15, 29 March 2023 (UTC) ==[[Special:Contributions/2600:1003:B03E:C660:0:19:5833:C401]]== Revdel, please. --[[User:Jan.Kamenicek|Jan Kameníček]] ([[User talk:Jan.Kamenicek|discuss]] • [[Special:Contributions/Jan.Kamenicek|contribs]]) 19:12, 23 April 2023 (UTC) :@[[User:Jan.Kamenicek|Jan.Kamenicek]]: {{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:13, 24 April 2023 (UTC) == GRP socks == * {{user|170.83.119.121}} * {{user|181.115.60.123}} Long-term abuse: [[w:WP:LTA/GRP]]. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:13, 4 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 03:26, 4 May 2023 (UTC) ::Revdel request: [[Special:Contributions/154.246.203.175]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 20:44, 7 May 2023 (UTC) == [[special:contribs/189.223.144.31|189.223.144.31]] == * {{user|189.223.144.31}} * Report reason: Open proxy (used by [[w:WP:LTA/GRP|GRP]]), left an abusive edit summary on my talk page. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 01:50, 14 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:09, 14 May 2023 (UTC) == [[special:contribs/2601:206:8580:35D0:714E:77DC:EAE3:DFE3|2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] == * {{user|2601:206:8580:35D0:714E:77DC:EAE3:DFE3}} * Report reason: Edit warring on [[Types of Dinosaur]] (see [[special:diff/2521104|1]], [[special:diff/2521102|2]], [[special:diff/2521100|3]], [[special:diff/2521098|4]]) [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 23:10, 16 May 2023 (UTC) :Now blocked, thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 00:56, 17 May 2023 (UTC) n617zmvak42pj4marc6fhvqpa54r2x9 2809240 2809238 2026-05-14T16:52:23Z Codename Noreste 2969951 /* I Join john */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809240 wikitext text/x-wiki {{archive|Wikiversity:Notices for custodians}} == Been Busy == Hi everyone, must apologize I have been very busy the last 6 months or so due to a severe publication schedule for a number of papers, also here on Wikimedia I have been added to the Ombuds Commission. I do try to visit here when I can but have not been very visible. Things should settle down in the next few months. Cheers [[User:Faendalimas|<span style="color: #004730">Scott Thomson</span>]] (<small class="nickname">Faendalimas</small>) <sup>[[User talk:Faendalimas|<span style="color: maroon">talk</span>]]</sup> 17:10, 18 February 2021 (UTC) == Invitation to [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion]] == Please move this note if incorrectly placed. I am interested in [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion|hearing the input of Wikiversity administrators and other users about the application of the Universal Code of Conduct]], especially from the perspective of interactions ''on Wikiversity'' at the linked page. [[User:Xeno (WMF)|Xeno (WMF)]] ([[User talk:Xeno (WMF)|talk]]) 23:20, 17 April 2021 (UTC) :[[User:Xeno]] Since you said you are interested in "hearing the input": :RE: <blockquote>Multiple times, I have woken up to discover that someone has been globally banned for an unspecified offence...I imagine that enforcement of the UCoC will increase the number of these unannounced global bans</blockquote> :Most global blocks and locks are executed by Stewards who are volunteers, not wmf employees. There are currently about 3 dozen Stewards, supposedly elected by the global community, however not many are aware of these elections and only a minute percentage of the global community votes. Members of the community who have been blocked globally (or at Meta) are unable to participate in these elections, even those with thousands of edits who have been part of the community for many years. :The Stewards do not have a stewards noticeboard where community members can have questions answered. Some of the stewards have only been part of the community for a year or two, and many do not speak English well enough to understand the issues or communicate with fellow Stewards. It appears that Stewards are not accountable to members of the community, and those who are concerned are not permitted to ask questions, let alone encouraged to help others. :There are a lot (hundreds if not more) of globally blocked (and locked) users, but I don't know where one could see who these users are or the why and who blocked them. :<small> I posted here because I am one of the community members who are not permitted to participate in this global discussion on META . I sincerely hope that posting my input here will not be grounds for blocking me at wikiversity (its a long story, but I have been blocked for this type of "offence" before on another wmf-wiki, and have been threatened with further blocks since - look up editing by proxy if you don't believe this is a blockable offence). </small> [[User:Ottawahitech|Ottawahitech]] ([[User talk:Ottawahitech|discuss]] • [[Special:Contributions/Ottawahitech|contribs]]) 20:27, 22 April 2021 (UTC) ::Hi [[User:Ottawahitech|Ottawahitech]]. I'd absolutely love to address your concerns, because, as usual, they're patently unfounded. ::1) Stewards are elected and confirmed in annual steward elections, and yes, they're volunteers. Hundreds of editors participate, and the requirements to participate are very minimal. Banners are shown to logged-in editors on practically every project and turnout is generally quite good. But yes, if you are locked or blocked on Meta you will not be able to vote, obviously. There are very few editors with your edit count who have caused enough problems on Meta-Wiki to necessitate an indefinite block from the project. You are one of them. ::2) Regarding the fact that your comment is a reply to that quote, Stewards do not impose global bans. Global community bans take weeks or months of RfC discussion on Meta-Wiki, where Foundation bans can be imposed overnight by the Foundation. So I assume the person is referring to Foundation bans. More often than not (aka basically every instance) these Foundation bans involve private information. It would be utterly asinine to expect the Foundation to make private information public to justify a ban. The point of T&S is to handle such cases. And no, the UCoC would likely not have any effect on the frequency of Foundation-imposed bans. ::3) The stewards have about a dozen noticeboards which practically anyone (except you, of course, you're blocked on meta) can leave requests or questions on. There's also the Wikimedia Forum and various other pages. You have no idea what you're talking about. ::4) There are no stewards who have been around for that little amount of time, and all of them know English well enough to communicate on-wiki and with other stewards in English. Again, you have absolutely no idea what you're talking about. ::5) Stewards are accountable in elections and yearly confirmations. Concerned editors are obviously able to ask questions, whether it be on the talk pages of stewards, the various mailing lists, email queues, noticeboards, or forums. Again, you're making sweeping claims with absolutely no remote concept of what you're saying. ::6) There are tens of thousands of locked accounts. There's a public log, on Meta. Just because you failed to find it in 10 seconds of clicking doesn't mean there's an evil cabal keeping you from the truth. ::It's crap like this that got you blocked on Meta-Wiki. Here's my advice: stop making shit up. If you have a question, ask the damn question, don't assume the answer. I gave you three methods to contact me (talk page, email, IRC) on Meta, none of which you used before your block there became necessary. You even ignored talk page messages trying to help. Instead of asking questions and allowing more experienced contributors to clear things up, you decided to fabricate the answers to justify your crusade against perceived evildoers. Your comments here, based nearly entirely in personal fantasy, could very easily be confused for trolling. Regards, [[User:Vermont|Vermont]] ([[User talk:Vermont|discuss]] • [[Special:Contributions/Vermont|contribs]]) 14:13, 23 April 2021 (UTC) == MediaWiki:Common.css Update == We need to update [[MediaWiki:Common.css]] to support [[Phabricator:T280766]], as noted in this week's [[Wikiversity:Newsletters/Tech News#Tech News: 2021-18|Tech News]]. Is anyone available to make the change? -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:07, 3 May 2021 (UTC) :{{ping|Dave Braunschweig}} I can if given the rights (technically, as a global sysop I can already, but since I'm a member of the community I'd prefer not to use my GS access to go around local procedure for interface admin, though this might be worth starting a discussion about) --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:08, 3 May 2021 (UTC) ::{{At|DannyS712}} Rights granted. Thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:28, 3 May 2021 (UTC) :::Copied to common.css as a temporary fix, per tech news, at some point I'll try to go through and see if these are actually needed anywhere. I'll remove the rights in a few days if nothing is broken --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:59, 3 May 2021 (UTC) == Atcovi Custodianship == {{At|Bert Niehaus|Cody naccarato|DannyS712|Evolution and evolvability|Faendalimas|Green Giant|Guy vandegrift|Hasley|Juandev|Koavf|Lbeaumont|Mikael Häggström|RadiX}} Atcovi has been nominated for custodianship. It is important for active [[Wikiversity:STAFF]] to participate in these discussions. Please share your thoughts and vote. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 14:13, 23 May 2021 (UTC) :Link for reference [[Wikiversity:Candidates_for_Custodianship#Atcovi_(talk_•_email_•_contribs_•_stats_•_logs_•_global_account)|Wikiversity:Candidates_for_Custodianship]]. [[User:Evolution and evolvability|T.Shafee(Evo&#65120;Evo)]]<sup>[[User talk:Evolution and evolvability|talk]]</sup> 01:40, 24 May 2021 (UTC) == [[Talk:Bell's theorem]] == Could someone semi-protect this page for a while, [[w:en:WP:LTA/GRP|george reeves person's]] at it again. Thanks in advance, [[User:Nigos|Nigos]] ([[User talk:Nigos|discuss]] • [[Special:Contributions/Nigos|contribs]]) 14:15, 21 December 2021 (UTC) :{{Done}} {{At|Nigos}} Thanks for your ongoing anti-vandalism efforts! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:09, 21 December 2021 (UTC) ::No problem, I was unfortunately sucked into this 2 years ago. [[User:Nigos|Nigos]] <small>([[User talk:Nigos|discuss]] | [[Special:Contribs/Nigos|contribs]])</small> 16:10, 21 December 2021 (UTC) == IP Editing == I'm posting this so Curators are aware of pending changes to anonymous editing. Custodians all received notice on their Talk pages. Please see [[m:IP Editing: Privacy Enhancement and Abuse Mitigation]]. There are two approaches being discussed. One will hash IP addresses. The other will implement session IDs based on cookies. If you have questions or concerns, please join the [[m:Talk:IP Editing: Privacy Enhancement and Abuse Mitigation|discussion]] on Meta. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 18:43, 4 January 2022 (UTC) :Per [[m:Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information.]] - "Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information." Where is this opt-in in preferences? --[[User:Mu301|mikeu]] <sup>[[User talk:Mu301|talk]]</sup> 00:12, 5 January 2022 (UTC) ::This is all in discussion. They're making a decision as to how to implement later this month. Then they code it, then they roll it out, then we'll see the opt-in preference. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:52, 5 January 2022 (UTC) == [[Special:Contribs/84.126.165.13]] == Vandalism. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 14:42, 11 January 2023 (UTC) :CC {{ping|Antandrus}} since you were deleted a vandalism page. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 15:23, 11 January 2023 (UTC) :I'm not able to block, only protect and delete - I can protect it from re-creation though. [[User:Antandrus|Antandrus]] ([[User talk:Antandrus|discuss]] • [[Special:Contributions/Antandrus|contribs]]) 15:25, 11 January 2023 (UTC) ::Blocked and hidden. Thank you, &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 16:10, 11 January 2023 (UTC) :::See also [[Special:Contributions/Goggdoggdetroyer]]. This is a long-term abuser who will edit from several IPs. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:54, 12 January 2023 (UTC) ::::[[Special:Contributions/201.146.32.131]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:55, 12 January 2023 (UTC) :::::Please make sure to revdel all of these as well. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:56, 12 January 2023 (UTC) ::::::[[Special:Contributions/189.129.121.186]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:17, 12 January 2023 (UTC) :::::::[[Special:Contributions/189.223.219.134]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 03:20, 12 January 2023 (UTC) ::::::::{{done}}. &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 15:16, 12 January 2023 (UTC) == [[Special:Contribs/41.214.18.231]] == Long-term abuse. [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 08:05, 24 January 2023 (UTC) :{{done}} by GV. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:33, 24 January 2023 (UTC) == [[Special:Contribs/ApprenticeFan]] == Long-term abuse. – [[Special:Contributions/2405:4802:1AB:E140:91F9:4320:8977:E239|2405:4802:1AB:E140:91F9:4320:8977:E239]] ([[User talk:2405:4802:1AB:E140:91F9:4320:8977:E239|discuss]]) 14:59, 28 January 2023 (UTC) :Globally locked. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 15:17, 28 January 2023 (UTC) == [[Special:Contribs/41.202.78.57]] == Long-term abuse: Globally+WMF banned: [[:w:en:WP:LTA/GRP]]. – [[Special:Contributions/2405:4802:36C:3B0:1C90:9B74:603F:E6F|2405:4802:36C:3B0:1C90:9B74:603F:E6F]] ([[User talk:2405:4802:36C:3B0:1C90:9B74:603F:E6F|discuss]]) 13:02, 30 January 2023 (UTC) :I will take no action on this because I am confused: One IP user is requesting that action be taken against another IP user. Who is [[User:2405:4802:36C:3B0:1C90:9B74:603F:E6F]]?--[[User:Guy vandegrift|Guy vandegrift]] ([[User talk:Guy vandegrift|discuss]] • [[Special:Contributions/Guy vandegrift|contribs]]) 00:43, 31 January 2023 (UTC) == [[Special:Contributions/2A02:1210:5493:6F00:8D60:CF27:AC3E:C328]] == Block and revdel, please. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:29, 13 February 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 23:59, 13 February 2023 (UTC) == [[Special:Contributions/KEMONO PANTSU X]] == Vandalism, please block. [[User:Blua lago|Blua lago]] ([[User talk:Blua lago|discuss]] • [[Special:Contributions/Blua lago|contribs]]) 08:29, 29 March 2023 (UTC) : {{done}} The user has been locked. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 09:15, 29 March 2023 (UTC) ==[[Special:Contributions/2600:1003:B03E:C660:0:19:5833:C401]]== Revdel, please. --[[User:Jan.Kamenicek|Jan Kameníček]] ([[User talk:Jan.Kamenicek|discuss]] • [[Special:Contributions/Jan.Kamenicek|contribs]]) 19:12, 23 April 2023 (UTC) :@[[User:Jan.Kamenicek|Jan.Kamenicek]]: {{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:13, 24 April 2023 (UTC) == GRP socks == * {{user|170.83.119.121}} * {{user|181.115.60.123}} Long-term abuse: [[w:WP:LTA/GRP]]. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:13, 4 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 03:26, 4 May 2023 (UTC) ::Revdel request: [[Special:Contributions/154.246.203.175]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 20:44, 7 May 2023 (UTC) == [[special:contribs/189.223.144.31|189.223.144.31]] == * {{user|189.223.144.31}} * Report reason: Open proxy (used by [[w:WP:LTA/GRP|GRP]]), left an abusive edit summary on my talk page. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 01:50, 14 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:09, 14 May 2023 (UTC) == [[special:contribs/2601:206:8580:35D0:714E:77DC:EAE3:DFE3|2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] == * {{user|2601:206:8580:35D0:714E:77DC:EAE3:DFE3}} * Report reason: Edit warring on [[Types of Dinosaur]] (see [[special:diff/2521104|1]], [[special:diff/2521102|2]], [[special:diff/2521100|3]], [[special:diff/2521098|4]]) [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 23:10, 16 May 2023 (UTC) :Now blocked, thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 00:56, 17 May 2023 (UTC) == [[special:contribs/I Join john|I Join john]] == * {{user|I Join john}} * Report reason: spam [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:58, 10 June 2023 (UTC) :Late notice, but for recording purposes: blocked by Dave Braunschweig on June 17. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:52, 3 October 2023 (UTC) nrfpaz6ovd3zxhw2xyx40u0kj04bwxk 2809242 2809240 2026-05-14T16:52:35Z Codename Noreste 2969951 /* New special page to fight spam */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809242 wikitext text/x-wiki {{archive|Wikiversity:Notices for custodians}} == Been Busy == Hi everyone, must apologize I have been very busy the last 6 months or so due to a severe publication schedule for a number of papers, also here on Wikimedia I have been added to the Ombuds Commission. I do try to visit here when I can but have not been very visible. Things should settle down in the next few months. Cheers [[User:Faendalimas|<span style="color: #004730">Scott Thomson</span>]] (<small class="nickname">Faendalimas</small>) <sup>[[User talk:Faendalimas|<span style="color: maroon">talk</span>]]</sup> 17:10, 18 February 2021 (UTC) == Invitation to [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion]] == Please move this note if incorrectly placed. I am interested in [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion|hearing the input of Wikiversity administrators and other users about the application of the Universal Code of Conduct]], especially from the perspective of interactions ''on Wikiversity'' at the linked page. [[User:Xeno (WMF)|Xeno (WMF)]] ([[User talk:Xeno (WMF)|talk]]) 23:20, 17 April 2021 (UTC) :[[User:Xeno]] Since you said you are interested in "hearing the input": :RE: <blockquote>Multiple times, I have woken up to discover that someone has been globally banned for an unspecified offence...I imagine that enforcement of the UCoC will increase the number of these unannounced global bans</blockquote> :Most global blocks and locks are executed by Stewards who are volunteers, not wmf employees. There are currently about 3 dozen Stewards, supposedly elected by the global community, however not many are aware of these elections and only a minute percentage of the global community votes. Members of the community who have been blocked globally (or at Meta) are unable to participate in these elections, even those with thousands of edits who have been part of the community for many years. :The Stewards do not have a stewards noticeboard where community members can have questions answered. Some of the stewards have only been part of the community for a year or two, and many do not speak English well enough to understand the issues or communicate with fellow Stewards. It appears that Stewards are not accountable to members of the community, and those who are concerned are not permitted to ask questions, let alone encouraged to help others. :There are a lot (hundreds if not more) of globally blocked (and locked) users, but I don't know where one could see who these users are or the why and who blocked them. :<small> I posted here because I am one of the community members who are not permitted to participate in this global discussion on META . I sincerely hope that posting my input here will not be grounds for blocking me at wikiversity (its a long story, but I have been blocked for this type of "offence" before on another wmf-wiki, and have been threatened with further blocks since - look up editing by proxy if you don't believe this is a blockable offence). </small> [[User:Ottawahitech|Ottawahitech]] ([[User talk:Ottawahitech|discuss]] • [[Special:Contributions/Ottawahitech|contribs]]) 20:27, 22 April 2021 (UTC) ::Hi [[User:Ottawahitech|Ottawahitech]]. I'd absolutely love to address your concerns, because, as usual, they're patently unfounded. ::1) Stewards are elected and confirmed in annual steward elections, and yes, they're volunteers. Hundreds of editors participate, and the requirements to participate are very minimal. Banners are shown to logged-in editors on practically every project and turnout is generally quite good. But yes, if you are locked or blocked on Meta you will not be able to vote, obviously. There are very few editors with your edit count who have caused enough problems on Meta-Wiki to necessitate an indefinite block from the project. You are one of them. ::2) Regarding the fact that your comment is a reply to that quote, Stewards do not impose global bans. Global community bans take weeks or months of RfC discussion on Meta-Wiki, where Foundation bans can be imposed overnight by the Foundation. So I assume the person is referring to Foundation bans. More often than not (aka basically every instance) these Foundation bans involve private information. It would be utterly asinine to expect the Foundation to make private information public to justify a ban. The point of T&S is to handle such cases. And no, the UCoC would likely not have any effect on the frequency of Foundation-imposed bans. ::3) The stewards have about a dozen noticeboards which practically anyone (except you, of course, you're blocked on meta) can leave requests or questions on. There's also the Wikimedia Forum and various other pages. You have no idea what you're talking about. ::4) There are no stewards who have been around for that little amount of time, and all of them know English well enough to communicate on-wiki and with other stewards in English. Again, you have absolutely no idea what you're talking about. ::5) Stewards are accountable in elections and yearly confirmations. Concerned editors are obviously able to ask questions, whether it be on the talk pages of stewards, the various mailing lists, email queues, noticeboards, or forums. Again, you're making sweeping claims with absolutely no remote concept of what you're saying. ::6) There are tens of thousands of locked accounts. There's a public log, on Meta. Just because you failed to find it in 10 seconds of clicking doesn't mean there's an evil cabal keeping you from the truth. ::It's crap like this that got you blocked on Meta-Wiki. Here's my advice: stop making shit up. If you have a question, ask the damn question, don't assume the answer. I gave you three methods to contact me (talk page, email, IRC) on Meta, none of which you used before your block there became necessary. You even ignored talk page messages trying to help. Instead of asking questions and allowing more experienced contributors to clear things up, you decided to fabricate the answers to justify your crusade against perceived evildoers. Your comments here, based nearly entirely in personal fantasy, could very easily be confused for trolling. Regards, [[User:Vermont|Vermont]] ([[User talk:Vermont|discuss]] • [[Special:Contributions/Vermont|contribs]]) 14:13, 23 April 2021 (UTC) == MediaWiki:Common.css Update == We need to update [[MediaWiki:Common.css]] to support [[Phabricator:T280766]], as noted in this week's [[Wikiversity:Newsletters/Tech News#Tech News: 2021-18|Tech News]]. Is anyone available to make the change? -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:07, 3 May 2021 (UTC) :{{ping|Dave Braunschweig}} I can if given the rights (technically, as a global sysop I can already, but since I'm a member of the community I'd prefer not to use my GS access to go around local procedure for interface admin, though this might be worth starting a discussion about) --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:08, 3 May 2021 (UTC) ::{{At|DannyS712}} Rights granted. Thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:28, 3 May 2021 (UTC) :::Copied to common.css as a temporary fix, per tech news, at some point I'll try to go through and see if these are actually needed anywhere. I'll remove the rights in a few days if nothing is broken --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:59, 3 May 2021 (UTC) == Atcovi Custodianship == {{At|Bert Niehaus|Cody naccarato|DannyS712|Evolution and evolvability|Faendalimas|Green Giant|Guy vandegrift|Hasley|Juandev|Koavf|Lbeaumont|Mikael Häggström|RadiX}} Atcovi has been nominated for custodianship. It is important for active [[Wikiversity:STAFF]] to participate in these discussions. Please share your thoughts and vote. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 14:13, 23 May 2021 (UTC) :Link for reference [[Wikiversity:Candidates_for_Custodianship#Atcovi_(talk_•_email_•_contribs_•_stats_•_logs_•_global_account)|Wikiversity:Candidates_for_Custodianship]]. [[User:Evolution and evolvability|T.Shafee(Evo&#65120;Evo)]]<sup>[[User talk:Evolution and evolvability|talk]]</sup> 01:40, 24 May 2021 (UTC) == [[Talk:Bell's theorem]] == Could someone semi-protect this page for a while, [[w:en:WP:LTA/GRP|george reeves person's]] at it again. Thanks in advance, [[User:Nigos|Nigos]] ([[User talk:Nigos|discuss]] • [[Special:Contributions/Nigos|contribs]]) 14:15, 21 December 2021 (UTC) :{{Done}} {{At|Nigos}} Thanks for your ongoing anti-vandalism efforts! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:09, 21 December 2021 (UTC) ::No problem, I was unfortunately sucked into this 2 years ago. [[User:Nigos|Nigos]] <small>([[User talk:Nigos|discuss]] | [[Special:Contribs/Nigos|contribs]])</small> 16:10, 21 December 2021 (UTC) == IP Editing == I'm posting this so Curators are aware of pending changes to anonymous editing. Custodians all received notice on their Talk pages. Please see [[m:IP Editing: Privacy Enhancement and Abuse Mitigation]]. There are two approaches being discussed. One will hash IP addresses. The other will implement session IDs based on cookies. If you have questions or concerns, please join the [[m:Talk:IP Editing: Privacy Enhancement and Abuse Mitigation|discussion]] on Meta. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 18:43, 4 January 2022 (UTC) :Per [[m:Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information.]] - "Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information." Where is this opt-in in preferences? --[[User:Mu301|mikeu]] <sup>[[User talk:Mu301|talk]]</sup> 00:12, 5 January 2022 (UTC) ::This is all in discussion. They're making a decision as to how to implement later this month. Then they code it, then they roll it out, then we'll see the opt-in preference. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:52, 5 January 2022 (UTC) == [[Special:Contribs/84.126.165.13]] == Vandalism. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 14:42, 11 January 2023 (UTC) :CC {{ping|Antandrus}} since you were deleted a vandalism page. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 15:23, 11 January 2023 (UTC) :I'm not able to block, only protect and delete - I can protect it from re-creation though. [[User:Antandrus|Antandrus]] ([[User talk:Antandrus|discuss]] • [[Special:Contributions/Antandrus|contribs]]) 15:25, 11 January 2023 (UTC) ::Blocked and hidden. Thank you, &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 16:10, 11 January 2023 (UTC) :::See also [[Special:Contributions/Goggdoggdetroyer]]. This is a long-term abuser who will edit from several IPs. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:54, 12 January 2023 (UTC) ::::[[Special:Contributions/201.146.32.131]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:55, 12 January 2023 (UTC) :::::Please make sure to revdel all of these as well. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:56, 12 January 2023 (UTC) ::::::[[Special:Contributions/189.129.121.186]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:17, 12 January 2023 (UTC) :::::::[[Special:Contributions/189.223.219.134]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 03:20, 12 January 2023 (UTC) ::::::::{{done}}. &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 15:16, 12 January 2023 (UTC) == [[Special:Contribs/41.214.18.231]] == Long-term abuse. [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 08:05, 24 January 2023 (UTC) :{{done}} by GV. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:33, 24 January 2023 (UTC) == [[Special:Contribs/ApprenticeFan]] == Long-term abuse. – [[Special:Contributions/2405:4802:1AB:E140:91F9:4320:8977:E239|2405:4802:1AB:E140:91F9:4320:8977:E239]] ([[User talk:2405:4802:1AB:E140:91F9:4320:8977:E239|discuss]]) 14:59, 28 January 2023 (UTC) :Globally locked. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 15:17, 28 January 2023 (UTC) == [[Special:Contribs/41.202.78.57]] == Long-term abuse: Globally+WMF banned: [[:w:en:WP:LTA/GRP]]. – [[Special:Contributions/2405:4802:36C:3B0:1C90:9B74:603F:E6F|2405:4802:36C:3B0:1C90:9B74:603F:E6F]] ([[User talk:2405:4802:36C:3B0:1C90:9B74:603F:E6F|discuss]]) 13:02, 30 January 2023 (UTC) :I will take no action on this because I am confused: One IP user is requesting that action be taken against another IP user. Who is [[User:2405:4802:36C:3B0:1C90:9B74:603F:E6F]]?--[[User:Guy vandegrift|Guy vandegrift]] ([[User talk:Guy vandegrift|discuss]] • [[Special:Contributions/Guy vandegrift|contribs]]) 00:43, 31 January 2023 (UTC) == [[Special:Contributions/2A02:1210:5493:6F00:8D60:CF27:AC3E:C328]] == Block and revdel, please. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:29, 13 February 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 23:59, 13 February 2023 (UTC) == [[Special:Contributions/KEMONO PANTSU X]] == Vandalism, please block. [[User:Blua lago|Blua lago]] ([[User talk:Blua lago|discuss]] • [[Special:Contributions/Blua lago|contribs]]) 08:29, 29 March 2023 (UTC) : {{done}} The user has been locked. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 09:15, 29 March 2023 (UTC) ==[[Special:Contributions/2600:1003:B03E:C660:0:19:5833:C401]]== Revdel, please. --[[User:Jan.Kamenicek|Jan Kameníček]] ([[User talk:Jan.Kamenicek|discuss]] • [[Special:Contributions/Jan.Kamenicek|contribs]]) 19:12, 23 April 2023 (UTC) :@[[User:Jan.Kamenicek|Jan.Kamenicek]]: {{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:13, 24 April 2023 (UTC) == GRP socks == * {{user|170.83.119.121}} * {{user|181.115.60.123}} Long-term abuse: [[w:WP:LTA/GRP]]. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:13, 4 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 03:26, 4 May 2023 (UTC) ::Revdel request: [[Special:Contributions/154.246.203.175]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 20:44, 7 May 2023 (UTC) == [[special:contribs/189.223.144.31|189.223.144.31]] == * {{user|189.223.144.31}} * Report reason: Open proxy (used by [[w:WP:LTA/GRP|GRP]]), left an abusive edit summary on my talk page. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 01:50, 14 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:09, 14 May 2023 (UTC) == [[special:contribs/2601:206:8580:35D0:714E:77DC:EAE3:DFE3|2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] == * {{user|2601:206:8580:35D0:714E:77DC:EAE3:DFE3}} * Report reason: Edit warring on [[Types of Dinosaur]] (see [[special:diff/2521104|1]], [[special:diff/2521102|2]], [[special:diff/2521100|3]], [[special:diff/2521098|4]]) [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 23:10, 16 May 2023 (UTC) :Now blocked, thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 00:56, 17 May 2023 (UTC) == [[special:contribs/I Join john|I Join john]] == * {{user|I Join john}} * Report reason: spam [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:58, 10 June 2023 (UTC) :Late notice, but for recording purposes: blocked by Dave Braunschweig on June 17. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:52, 3 October 2023 (UTC) == New special page to fight spam == {{int:please-translate}} <div lang="en" dir="ltr" class="mw-content-ltr"> Hello, We are replacing most of the functionalities of [[MediaWiki:Spam-blacklist]] with a new special page called [[Special:BlockedExternalDomains]]. In this special page, admins can simply add a domain and notes on the block (usually reasoning and/or link to a discussion) and the added domain would automatically be blocked to be linked in Wikis anymore (including its subdomains). Content of this list is stored in [[MediaWiki:BlockedExternalDomains.json]]. You can see [[:w:fa:Special:BlockedExternalDomains]] as an example. Check [[phab:T337431|the phabricator ticket]] for more information. This would make fighting spam easier and safer without needing to know regex or accidentally breaking wikis while also addressing the need to have some notes next to each domain on why it’s blocked. It would also make the list of blocked domains searchable and would make editing Wikis in general faster by optimizing matching links added against the blocked list in every edit (see [[phab:T337431#8936498]] for some measurements). If you want to migrate your entries in [[MediaWiki:Spam-blacklist]], there is a python script in [[phab:P49299]] that would produce contents of [[MediaWiki:Spam-blacklist]] and [[MediaWiki:BlockedExternalDomains.json]] for you automatically migrating off simple regex cases. Note that this new feature doesn’t support regex (for complex cases) nor URL paths matching. Also it doesn’t support bypass by spam whitelist. For those, please either keep using [[MediaWiki:Spam-blacklist]] or switch to an abuse filter if possible. And adding a link to the list might take up to five minutes to be fully in effect (due to server-side caching, this is already the case with the old system) and admins and bots automatically bypass the blocked list. Let me know if you have any questions or encounter any issues. Happy editing. [[User:Ladsgroup|Amir]] ([[User talk:Ladsgroup|talk]]) 09:41, 19 June 2023 (UTC) </div> <!-- Message sent by User:Ladsgroup@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=User:Ladsgroup/target_ANs&oldid=25167735 --> fccafy7ixfhlvjml8nqp5eh2grx16ms 2809244 2809242 2026-05-14T16:54:45Z Codename Noreste 2969951 /* Vandal: User:Ceoalphonso */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809244 wikitext text/x-wiki {{archive|Wikiversity:Notices for custodians}} == Been Busy == Hi everyone, must apologize I have been very busy the last 6 months or so due to a severe publication schedule for a number of papers, also here on Wikimedia I have been added to the Ombuds Commission. I do try to visit here when I can but have not been very visible. Things should settle down in the next few months. Cheers [[User:Faendalimas|<span style="color: #004730">Scott Thomson</span>]] (<small class="nickname">Faendalimas</small>) <sup>[[User talk:Faendalimas|<span style="color: maroon">talk</span>]]</sup> 17:10, 18 February 2021 (UTC) == Invitation to [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion]] == Please move this note if incorrectly placed. I am interested in [[m:Talk:Universal Code of Conduct/2021 consultations/Discussion|hearing the input of Wikiversity administrators and other users about the application of the Universal Code of Conduct]], especially from the perspective of interactions ''on Wikiversity'' at the linked page. [[User:Xeno (WMF)|Xeno (WMF)]] ([[User talk:Xeno (WMF)|talk]]) 23:20, 17 April 2021 (UTC) :[[User:Xeno]] Since you said you are interested in "hearing the input": :RE: <blockquote>Multiple times, I have woken up to discover that someone has been globally banned for an unspecified offence...I imagine that enforcement of the UCoC will increase the number of these unannounced global bans</blockquote> :Most global blocks and locks are executed by Stewards who are volunteers, not wmf employees. There are currently about 3 dozen Stewards, supposedly elected by the global community, however not many are aware of these elections and only a minute percentage of the global community votes. Members of the community who have been blocked globally (or at Meta) are unable to participate in these elections, even those with thousands of edits who have been part of the community for many years. :The Stewards do not have a stewards noticeboard where community members can have questions answered. Some of the stewards have only been part of the community for a year or two, and many do not speak English well enough to understand the issues or communicate with fellow Stewards. It appears that Stewards are not accountable to members of the community, and those who are concerned are not permitted to ask questions, let alone encouraged to help others. :There are a lot (hundreds if not more) of globally blocked (and locked) users, but I don't know where one could see who these users are or the why and who blocked them. :<small> I posted here because I am one of the community members who are not permitted to participate in this global discussion on META . I sincerely hope that posting my input here will not be grounds for blocking me at wikiversity (its a long story, but I have been blocked for this type of "offence" before on another wmf-wiki, and have been threatened with further blocks since - look up editing by proxy if you don't believe this is a blockable offence). </small> [[User:Ottawahitech|Ottawahitech]] ([[User talk:Ottawahitech|discuss]] • [[Special:Contributions/Ottawahitech|contribs]]) 20:27, 22 April 2021 (UTC) ::Hi [[User:Ottawahitech|Ottawahitech]]. I'd absolutely love to address your concerns, because, as usual, they're patently unfounded. ::1) Stewards are elected and confirmed in annual steward elections, and yes, they're volunteers. Hundreds of editors participate, and the requirements to participate are very minimal. Banners are shown to logged-in editors on practically every project and turnout is generally quite good. But yes, if you are locked or blocked on Meta you will not be able to vote, obviously. There are very few editors with your edit count who have caused enough problems on Meta-Wiki to necessitate an indefinite block from the project. You are one of them. ::2) Regarding the fact that your comment is a reply to that quote, Stewards do not impose global bans. Global community bans take weeks or months of RfC discussion on Meta-Wiki, where Foundation bans can be imposed overnight by the Foundation. So I assume the person is referring to Foundation bans. More often than not (aka basically every instance) these Foundation bans involve private information. It would be utterly asinine to expect the Foundation to make private information public to justify a ban. The point of T&S is to handle such cases. And no, the UCoC would likely not have any effect on the frequency of Foundation-imposed bans. ::3) The stewards have about a dozen noticeboards which practically anyone (except you, of course, you're blocked on meta) can leave requests or questions on. There's also the Wikimedia Forum and various other pages. You have no idea what you're talking about. ::4) There are no stewards who have been around for that little amount of time, and all of them know English well enough to communicate on-wiki and with other stewards in English. Again, you have absolutely no idea what you're talking about. ::5) Stewards are accountable in elections and yearly confirmations. Concerned editors are obviously able to ask questions, whether it be on the talk pages of stewards, the various mailing lists, email queues, noticeboards, or forums. Again, you're making sweeping claims with absolutely no remote concept of what you're saying. ::6) There are tens of thousands of locked accounts. There's a public log, on Meta. Just because you failed to find it in 10 seconds of clicking doesn't mean there's an evil cabal keeping you from the truth. ::It's crap like this that got you blocked on Meta-Wiki. Here's my advice: stop making shit up. If you have a question, ask the damn question, don't assume the answer. I gave you three methods to contact me (talk page, email, IRC) on Meta, none of which you used before your block there became necessary. You even ignored talk page messages trying to help. Instead of asking questions and allowing more experienced contributors to clear things up, you decided to fabricate the answers to justify your crusade against perceived evildoers. Your comments here, based nearly entirely in personal fantasy, could very easily be confused for trolling. Regards, [[User:Vermont|Vermont]] ([[User talk:Vermont|discuss]] • [[Special:Contributions/Vermont|contribs]]) 14:13, 23 April 2021 (UTC) == MediaWiki:Common.css Update == We need to update [[MediaWiki:Common.css]] to support [[Phabricator:T280766]], as noted in this week's [[Wikiversity:Newsletters/Tech News#Tech News: 2021-18|Tech News]]. Is anyone available to make the change? -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:07, 3 May 2021 (UTC) :{{ping|Dave Braunschweig}} I can if given the rights (technically, as a global sysop I can already, but since I'm a member of the community I'd prefer not to use my GS access to go around local procedure for interface admin, though this might be worth starting a discussion about) --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:08, 3 May 2021 (UTC) ::{{At|DannyS712}} Rights granted. Thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 17:28, 3 May 2021 (UTC) :::Copied to common.css as a temporary fix, per tech news, at some point I'll try to go through and see if these are actually needed anywhere. I'll remove the rights in a few days if nothing is broken --[[User:DannyS712|DannyS712]] ([[User talk:DannyS712|discuss]] • [[Special:Contributions/DannyS712|contribs]]) 17:59, 3 May 2021 (UTC) == Atcovi Custodianship == {{At|Bert Niehaus|Cody naccarato|DannyS712|Evolution and evolvability|Faendalimas|Green Giant|Guy vandegrift|Hasley|Juandev|Koavf|Lbeaumont|Mikael Häggström|RadiX}} Atcovi has been nominated for custodianship. It is important for active [[Wikiversity:STAFF]] to participate in these discussions. Please share your thoughts and vote. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 14:13, 23 May 2021 (UTC) :Link for reference [[Wikiversity:Candidates_for_Custodianship#Atcovi_(talk_•_email_•_contribs_•_stats_•_logs_•_global_account)|Wikiversity:Candidates_for_Custodianship]]. [[User:Evolution and evolvability|T.Shafee(Evo&#65120;Evo)]]<sup>[[User talk:Evolution and evolvability|talk]]</sup> 01:40, 24 May 2021 (UTC) == [[Talk:Bell's theorem]] == Could someone semi-protect this page for a while, [[w:en:WP:LTA/GRP|george reeves person's]] at it again. Thanks in advance, [[User:Nigos|Nigos]] ([[User talk:Nigos|discuss]] • [[Special:Contributions/Nigos|contribs]]) 14:15, 21 December 2021 (UTC) :{{Done}} {{At|Nigos}} Thanks for your ongoing anti-vandalism efforts! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:09, 21 December 2021 (UTC) ::No problem, I was unfortunately sucked into this 2 years ago. [[User:Nigos|Nigos]] <small>([[User talk:Nigos|discuss]] | [[Special:Contribs/Nigos|contribs]])</small> 16:10, 21 December 2021 (UTC) == IP Editing == I'm posting this so Curators are aware of pending changes to anonymous editing. Custodians all received notice on their Talk pages. Please see [[m:IP Editing: Privacy Enhancement and Abuse Mitigation]]. There are two approaches being discussed. One will hash IP addresses. The other will implement session IDs based on cookies. If you have questions or concerns, please join the [[m:Talk:IP Editing: Privacy Enhancement and Abuse Mitigation|discussion]] on Meta. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 18:43, 4 January 2022 (UTC) :Per [[m:Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information.]] - "Checkusers, stewards and admins will be able to see complete IP addresses by opting-in to a preference where they agree not to share it with others who don't have access to this information." Where is this opt-in in preferences? --[[User:Mu301|mikeu]] <sup>[[User talk:Mu301|talk]]</sup> 00:12, 5 January 2022 (UTC) ::This is all in discussion. They're making a decision as to how to implement later this month. Then they code it, then they roll it out, then we'll see the opt-in preference. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:52, 5 January 2022 (UTC) == [[Special:Contribs/84.126.165.13]] == Vandalism. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 14:42, 11 January 2023 (UTC) :CC {{ping|Antandrus}} since you were deleted a vandalism page. – [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 15:23, 11 January 2023 (UTC) :I'm not able to block, only protect and delete - I can protect it from re-creation though. [[User:Antandrus|Antandrus]] ([[User talk:Antandrus|discuss]] • [[Special:Contributions/Antandrus|contribs]]) 15:25, 11 January 2023 (UTC) ::Blocked and hidden. Thank you, &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 16:10, 11 January 2023 (UTC) :::See also [[Special:Contributions/Goggdoggdetroyer]]. This is a long-term abuser who will edit from several IPs. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:54, 12 January 2023 (UTC) ::::[[Special:Contributions/201.146.32.131]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:55, 12 January 2023 (UTC) :::::Please make sure to revdel all of these as well. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:56, 12 January 2023 (UTC) ::::::[[Special:Contributions/189.129.121.186]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 02:17, 12 January 2023 (UTC) :::::::[[Special:Contributions/189.223.219.134]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 03:20, 12 January 2023 (UTC) ::::::::{{done}}. &mdash;Hasley&nbsp;[[user talk:Hasley|<span style="color: #0645AD; vertical-align: super; font-size: smaller;">talk</span>]] 15:16, 12 January 2023 (UTC) == [[Special:Contribs/41.214.18.231]] == Long-term abuse. [[User:Tryvix1509|Tryvix1509]] ([[User talk:Tryvix1509|discuss]] • [[Special:Contributions/Tryvix1509|contribs]]) 08:05, 24 January 2023 (UTC) :{{done}} by GV. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:33, 24 January 2023 (UTC) == [[Special:Contribs/ApprenticeFan]] == Long-term abuse. – [[Special:Contributions/2405:4802:1AB:E140:91F9:4320:8977:E239|2405:4802:1AB:E140:91F9:4320:8977:E239]] ([[User talk:2405:4802:1AB:E140:91F9:4320:8977:E239|discuss]]) 14:59, 28 January 2023 (UTC) :Globally locked. -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 15:17, 28 January 2023 (UTC) == [[Special:Contribs/41.202.78.57]] == Long-term abuse: Globally+WMF banned: [[:w:en:WP:LTA/GRP]]. – [[Special:Contributions/2405:4802:36C:3B0:1C90:9B74:603F:E6F|2405:4802:36C:3B0:1C90:9B74:603F:E6F]] ([[User talk:2405:4802:36C:3B0:1C90:9B74:603F:E6F|discuss]]) 13:02, 30 January 2023 (UTC) :I will take no action on this because I am confused: One IP user is requesting that action be taken against another IP user. Who is [[User:2405:4802:36C:3B0:1C90:9B74:603F:E6F]]?--[[User:Guy vandegrift|Guy vandegrift]] ([[User talk:Guy vandegrift|discuss]] • [[Special:Contributions/Guy vandegrift|contribs]]) 00:43, 31 January 2023 (UTC) == [[Special:Contributions/2A02:1210:5493:6F00:8D60:CF27:AC3E:C328]] == Block and revdel, please. —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:29, 13 February 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 23:59, 13 February 2023 (UTC) == [[Special:Contributions/KEMONO PANTSU X]] == Vandalism, please block. [[User:Blua lago|Blua lago]] ([[User talk:Blua lago|discuss]] • [[Special:Contributions/Blua lago|contribs]]) 08:29, 29 March 2023 (UTC) : {{done}} The user has been locked. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 09:15, 29 March 2023 (UTC) ==[[Special:Contributions/2600:1003:B03E:C660:0:19:5833:C401]]== Revdel, please. --[[User:Jan.Kamenicek|Jan Kameníček]] ([[User talk:Jan.Kamenicek|discuss]] • [[Special:Contributions/Jan.Kamenicek|contribs]]) 19:12, 23 April 2023 (UTC) :@[[User:Jan.Kamenicek|Jan.Kamenicek]]: {{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 16:13, 24 April 2023 (UTC) == GRP socks == * {{user|170.83.119.121}} * {{user|181.115.60.123}} Long-term abuse: [[w:WP:LTA/GRP]]. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:13, 4 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 03:26, 4 May 2023 (UTC) ::Revdel request: [[Special:Contributions/154.246.203.175]] —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 20:44, 7 May 2023 (UTC) == [[special:contribs/189.223.144.31|189.223.144.31]] == * {{user|189.223.144.31}} * Report reason: Open proxy (used by [[w:WP:LTA/GRP|GRP]]), left an abusive edit summary on my talk page. [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 01:50, 14 May 2023 (UTC) :{{Done}} -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 02:09, 14 May 2023 (UTC) == [[special:contribs/2601:206:8580:35D0:714E:77DC:EAE3:DFE3|2601:206:8580:35D0:714E:77DC:EAE3:DFE3]] == * {{user|2601:206:8580:35D0:714E:77DC:EAE3:DFE3}} * Report reason: Edit warring on [[Types of Dinosaur]] (see [[special:diff/2521104|1]], [[special:diff/2521102|2]], [[special:diff/2521100|3]], [[special:diff/2521098|4]]) [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 23:10, 16 May 2023 (UTC) :Now blocked, thanks! -- [[User:Dave Braunschweig|Dave Braunschweig]] ([[User talk:Dave Braunschweig|discuss]] • [[Special:Contributions/Dave Braunschweig|contribs]]) 00:56, 17 May 2023 (UTC) == [[special:contribs/I Join john|I Join john]] == * {{user|I Join john}} * Report reason: spam [[User:Leonidlednev|Leonidlednev]] ([[User talk:Leonidlednev|discuss]] • [[Special:Contributions/Leonidlednev|contribs]]) 02:58, 10 June 2023 (UTC) :Late notice, but for recording purposes: blocked by Dave Braunschweig on June 17. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:52, 3 October 2023 (UTC) == New special page to fight spam == {{int:please-translate}} <div lang="en" dir="ltr" class="mw-content-ltr"> Hello, We are replacing most of the functionalities of [[MediaWiki:Spam-blacklist]] with a new special page called [[Special:BlockedExternalDomains]]. In this special page, admins can simply add a domain and notes on the block (usually reasoning and/or link to a discussion) and the added domain would automatically be blocked to be linked in Wikis anymore (including its subdomains). Content of this list is stored in [[MediaWiki:BlockedExternalDomains.json]]. You can see [[:w:fa:Special:BlockedExternalDomains]] as an example. Check [[phab:T337431|the phabricator ticket]] for more information. This would make fighting spam easier and safer without needing to know regex or accidentally breaking wikis while also addressing the need to have some notes next to each domain on why it’s blocked. It would also make the list of blocked domains searchable and would make editing Wikis in general faster by optimizing matching links added against the blocked list in every edit (see [[phab:T337431#8936498]] for some measurements). If you want to migrate your entries in [[MediaWiki:Spam-blacklist]], there is a python script in [[phab:P49299]] that would produce contents of [[MediaWiki:Spam-blacklist]] and [[MediaWiki:BlockedExternalDomains.json]] for you automatically migrating off simple regex cases. Note that this new feature doesn’t support regex (for complex cases) nor URL paths matching. Also it doesn’t support bypass by spam whitelist. For those, please either keep using [[MediaWiki:Spam-blacklist]] or switch to an abuse filter if possible. And adding a link to the list might take up to five minutes to be fully in effect (due to server-side caching, this is already the case with the old system) and admins and bots automatically bypass the blocked list. Let me know if you have any questions or encounter any issues. Happy editing. [[User:Ladsgroup|Amir]] ([[User talk:Ladsgroup|talk]]) 09:41, 19 June 2023 (UTC) </div> <!-- Message sent by User:Ladsgroup@metawiki using the list at https://meta.wikimedia.org/w/index.php?title=User:Ladsgroup/target_ANs&oldid=25167735 --> ==Vandal: [[User:Ceoalphonso]]== They were spamming on Wikipedia, later claimed that their account was hacked. They were blocked for having a compromised account. They have started editing Wikiversity. High risk of future vandalism. They should be blocked for having a compromised account, in spite of the fact that this is dubious, because of AGF. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 07:45, 30 September 2023 (UTC) :This user hasn't edited since February. Unless their editing picks back up and becomes problematic, there's no action necessary at this time. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 12:47, 30 September 2023 (UTC) ::{{ping|Atcovi}} They have not been active here since February, but they have made several edits across other wikis in the meantime. Their edits include highly visible vandalism, such as spamming in TemplateData. I would highly recommend a block. [[User:Janhrach|Janhrach]] ([[User talk:Janhrach|discuss]] • [[Special:Contributions/Janhrach|contribs]]) 14:52, 30 September 2023 (UTC) :::Since I still personally disagree, I'll leave this another custodian to take whatever action they deem reasonable. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 17:06, 30 September 2023 (UTC) ::::{{not done}} user has not edited since February 2023, so for record-keeping purposes, I'm marking this request as stale. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:59, 4 December 2024 (UTC) m0i9tdxf6gsx5wwzyhysgwpeqwytt6k Iresi 0 304365 2809363 2616170 2026-05-14T23:32:59Z PieWriter 3039865 PROD: doesn’t seem to have any educational value, poorly developed and unsourced 2809363 wikitext text/x-wiki {{prod}} '''''<u>IRESI</u>''''' '''<u>History and Culture of Iresi</u>''' Iresi is a town located in the Boluwaduro Local Government Area of Osun State, Nigeria. Situated in the southwestern part of the country, Iresi boasts a rich history, vibrant culture, and strong sense of community. Headed by the Oluresi which is the king of the town formerly named Iresi-ife or Iwaye, which was originally a part of the Ife Kingdom, one of the oldest and most historically significant Yoruba kingdoms in Nigeria and now called Iresi.   Iresi was founded by Ifadumila Olatimirin from Latale's compound in Ile-Ife. He was a friend to Ebekun from Abewela's compound in Ile-Ife. He was the maternal grandfather of Adebuba (Iresi acclaimed first king in the present Aworo Ebekun’s compound). His house which happened to be the first house in Iresi is situated in the present Saloro’s compound. Till date any dead king in Iresi is buried in his backyard. His descendants are called The ALANAS . '''<u>culture and heritage</u>''' Iresi's cultural heritage is celebrated through traditional practices, festivals, and rituals that honor ancestral spirits and deities. Festivals such as the Olojo festival and the Egun festival are central to the town's cultural identity, attracting visitors from far and wide. The economy of Iresi is primarily based on agriculture, with farming being the main source of livelihood for many residents. Cash crops such as cocoa, kola nuts, and palm oil are cultivated alongside staple crops like yams, cassava, and maize. Trade and commerce also play a significant role in the town's economy, with markets serving as hubs of activity and exchange. Iresi has produced many notable individuals who have made significant contributions to the town's history, culture, and development. From traditional rulers and community leaders to scholars, artists, and entrepreneurs, these figures have left a lasting impact on the town and its people. [[Category:Nigeria]] tkqagzbe8cb4gu1ldy3woqb020d7yxj Module:Protected edit request/active 828 308774 2809373 2779401 2026-05-14T23:47:47Z Codename Noreste 2969951 Adjusting. 2809373 Scribunto text/plain require('strict') local yesno, makeMessageBox -- passed in from Module:Protected edit request local makeToolbar = require('Module:Toolbar')._main local getPagetype = require('Module:Pagetype')._main local effectiveProtectionLevel = require('Module:Effective protection level')._main ---------------------------------------------------------------------- -- Helper functions ---------------------------------------------------------------------- local function makeWikilink(page, display) if display then return mw.ustring.format('[[%s|%s]]', page, display) else return mw.ustring.format('[[%s]]', page) end end ---------------------------------------------------------------------- -- Title class ---------------------------------------------------------------------- -- This is basically the mw.title class with some extras thrown in. local title = {} title.__index = title function title.getProtectionLevelText(protectionLevel) -- Gets the text to use in anchors and urn links. local levels = {unprotected = 'editunprotected', autoconfirmed = 'editsemiprotected', sysop = 'editprotected', interfaceadmin = 'editinterfaceprotected'} return levels[protectionLevel] end function title.new(...) local success, obj = pcall(mw.title.new, ...) if not (success and obj) then return end title.init(obj) return obj end function title.init(obj) -- Add a protectionLevel property. obj.protectionLevel = effectiveProtectionLevel(obj.exists and 'edit' or 'create', obj) if obj.protectionLevel == '*' then -- Make unprotected pages return "unprotected". obj.protectionLevel = 'unprotected' elseif obj.protectionLevel == 'user' then -- If we just need to be registered, pretend we need to be autoconfirmed, since it's the closest thing we have. obj.protectionLevel = 'autoconfirmed' end -- Add a pagetype property. obj.pagetype = getPagetype{page = obj.prefixedText, defaultns = 'all'} -- Add link-making methods. function obj:makeUrlLink(query, display) return mw.ustring.format('[%s %s]', self:fullUrl(query), display) end function obj:makeViewLink(display) return self:makeUrlLink({redirect = 'no'}, display) end function obj:makeEditLink(display) return self:makeUrlLink({action = 'edit'}, display) end function obj:makeHistoryLink(display) return self:makeUrlLink({action = 'history'}, display) end function obj:makeLastEditLink(display) return self:makeUrlLink({diff = 'cur', oldid = 'prev'}, display) end function obj:makeWhatLinksHereLink(display) return makeWikilink('Special:WhatLinksHere/' .. self.prefixedText, display) end function obj:makeCompareLink(otherTitle, display) display = display or 'diff' local comparePagesTitle = title.new('Special:ComparePages') return comparePagesTitle:makeUrlLink({page1 = self.prefixedText, page2 = otherTitle.prefixedText}, display) end function obj:makeLogLink(logType, display) local logTitle = title.new('Special:Log') return logTitle:makeUrlLink({type = logType, page = self.prefixedText}, display) end function obj:urlEncode() return mw.uri.encode(self.prefixedText, 'WIKI') end function obj:makeUrnLink(boxProtectionLevel) -- Outputs a urn link. The protection level is taken from the template, rather than detected from page itself, -- as the detection may be inaccurate for cascade-protected and title-blacklisted pages as of Nov 2013. local protectionLinkText = title.getProtectionLevelText(boxProtectionLevel) return mw.ustring.format('[urn:x-wp-%s:%s <span></span>]', protectionLinkText, self:urlEncode()) end -- Get a subpage title object, but go through pcall rather than use the unprotected mw.title:subPageTitle. function obj:getSubpageTitle(subpage) return title.new(self.prefixedText .. '/' .. subpage) end function obj:getSandboxTitle() if self.isSubpage and self.contentModel == 'sanitized-css' then local success2, obj2 = pcall(mw.title.makeTitle, self.namespace, self.baseText .. '/sandbox/' .. self.subpageText) if success2 and obj2 then title.init(obj2) return obj2 end end return self:getSubpageTitle('sandbox') end end ---------------------------------------------------------------------- -- TitleTable class ---------------------------------------------------------------------- local titleTable = {} titleTable.__index = titleTable function titleTable.new(args) -- Get numerical arguments and make title objects for each of them. local nums = {} for k, v in pairs(args) do if type(k) == 'number' then table.insert(nums, k) end end table.sort(nums) local titles = {} for _, num in ipairs(nums) do local title = title.new(args[num]) table.insert(titles, title) end -- Get the current title, and get the subject title if no titles were specified. titles.currentTitle = mw.title.getCurrentTitle() if #titles < 1 then local subjectNs = titles.currentTitle.subjectNsText if subjectNs ~= '' then subjectNs = subjectNs .. ':' end table.insert(titles, title.new(subjectNs .. titles.currentTitle.text)) end -- Set the metatable. setmetatable(titles, titleTable) return titles end function titleTable:memoize(memoField, func, ...) if self[memoField] ~= nil then return self[memoField] else self[memoField] = func(...) return self[memoField] end end function titleTable:titleIterator() local i = 0 local n = #self return function() i = i + 1 if i <= n then return self[i] end end end function titleTable:hasSameProperty(memoField, getPropertyFunc) -- If the titles table has more than one title in it, check if they have the same property. -- The property is found using the getPropertyFunc function, which takes a title object as its single argument. local function hasSameProperty(getPropertyFunc) local property for i, obj in ipairs(self) do if i == 1 then property = getPropertyFunc(obj) elseif getPropertyFunc(obj) ~= property then return false end end return true end return self:memoize(memoField, hasSameProperty, getPropertyFunc) end function titleTable:hasSameExistenceStatus() -- Returns true if all the titles exist, or if they all don't exist. Returns false if there is a mixture of existence statuses. return self:hasSameProperty('sameExistenceStatus', function (title) return title.exists end) end function titleTable:hasSameProtectionStatus() -- Checks if all the titles have the same protection status (either for creation protection or for edit-protection - the two are not mixed). local sameExistenceStatus = self:hasSameExistenceStatus() if sameExistenceStatus then return self:hasSameProperty('sameProtectionStatus', function (title) return title.protectionLevel end) else return sameExistenceStatus end end function titleTable:hasSamePagetype() -- Checks if all the titles have the same pagetype. return self:hasSameProperty('samePagetype', function (title) return title.pagetype end) end function titleTable:propertyExists(memoField, getPropertyFunc) -- Checks if a title with a certain property exists. -- The property is found using the getPropertyFunc function, which takes a title object as its single argument -- and should return a boolean value. local function propertyExists(getPropertyFunc) for titleObj in self:titleIterator() do if getPropertyFunc(titleObj) then return true end end return false end return self:memoize(memoField, propertyExists, getPropertyFunc) end function titleTable:hasNonInterfacePage() return self:propertyExists('nonInterfacePage', function (titleObj) return titleObj.namespace ~= 8 end) end function titleTable:hasTemplateOrModule() return self:propertyExists('templateOrModule', function (titleObj) return titleObj.namespace == 10 or titleObj.namespace == 828 end) end function titleTable:hasNonTemplateOrModule() return self:propertyExists('nontemplateormodule', function (titleobj) return titleobj.namespace ~= 10 and titleobj.namespace ~= 828 end) end function titleTable:hasOtherProtectionLevel(level) for titleObj in self:titleIterator() do if titleObj.protectionLevel ~= level then return true end end return false end function titleTable:getProtectionLevels() local function getProtectionLevels() local levels = {} for titleObj in self:titleIterator() do local level = titleObj.protectionLevel levels[level] = true end return levels end return self:memoize('protectionLevels', getProtectionLevels) end ---------------------------------------------------------------------- -- Blurb class definition ---------------------------------------------------------------------- local blurb = {} blurb.__index = blurb function blurb.new(titleTable, boxProtectionLevel) local obj = {} obj.titles = titleTable obj.boxProtectionLevel = boxProtectionLevel obj.linkCount = 0 -- Counter for the number of total items in the object's link lists. setmetatable(obj, blurb) return obj end -- Static methods -- function blurb.makeParaText(name, val) local pipe = mw.text.nowiki('|') local equals = mw.text.nowiki('=') val = val and ("''" .. val .. "''") or '' return mw.ustring.format('<code style="white-space: nowrap;">%s%s%s%s</code>', pipe, name, equals, val) end function blurb.makeTemplateLink(s) return mw.ustring.format('%s[[Template:%s|%s]]%s', mw.text.nowiki('{{'), s, s, mw.text.nowiki('}}')) end function blurb:makeProtectionText() local boxProtectionLevel = self.boxProtectionLevel local levels = {['*'] = 'unprotected', autoconfirmed = 'semi-protected', sysop = 'fully protected', interfaceadmin = 'interface-protected'} for level, protectionText in pairs(levels) do if level == boxProtectionLevel then return mw.ustring.format('[[Help:Protection|%s]]', protectionText) end end error('Unknown protection level ' .. boxProtectionLevel) end function blurb.getPagetypePlural(title) local pagetype = title.pagetype if pagetype == 'category' then return 'categories' else return pagetype .. 's' end end -- Normal methods -- function blurb:makeLinkList(title) local tbargs = {} -- The argument list to pass to Module:Toolbar tbargs.style = 'font-size: smaller;' tbargs.separator = 'dot' -- Page links. table.insert(tbargs, title:makeEditLink('edit')) table.insert(tbargs, title:makeHistoryLink('history')) table.insert(tbargs, title:makeLastEditLink('last')) table.insert(tbargs, title:makeWhatLinksHereLink('links')) -- Sandbox links. local sandboxTitle = title:getSandboxTitle() if sandboxTitle and sandboxTitle.exists then table.insert(tbargs, sandboxTitle:makeViewLink('sandbox')) table.insert(tbargs, sandboxTitle:makeEditLink('edit sandbox')) table.insert(tbargs, sandboxTitle:makeHistoryLink('sandbox history')) table.insert(tbargs, sandboxTitle:makeLastEditLink('sandbox last edit')) table.insert(tbargs, title:makeCompareLink(sandboxTitle, 'sandbox diff')) end -- Test cases links. local testcasesTitle = title:getSubpageTitle('testcases') if testcasesTitle and testcasesTitle.exists then table.insert(tbargs, testcasesTitle:makeViewLink('test cases')) end -- Protection log link. if title.namespace ~= 8 then -- MediaWiki pages don't have protection log entries. table.insert(tbargs, title:makeLogLink('protect', 'protection log')) end self.linkCount = self.linkCount + #tbargs -- Keep track of the number of total links created by the object. return makeToolbar(tbargs) end function blurb:makeLinkLists() local titles = self.titles if #titles == 1 then return self:makeLinkList(titles[1]) else local ret = {} table.insert(ret, '<ul>') for i, titleObj in ipairs(titles) do table.insert(ret, mw.ustring.format('<li>%s %s</li>', titleObj:makeViewLink(titleObj.prefixedText), self:makeLinkList(titleObj))) end table.insert(ret, '</ul>') return table.concat(ret) end end function blurb:makeIntro() local titles = self.titles local requested = 'It is [[Wikiversity:Edit requests|requested]] that' local protectionText if titles:hasNonInterfacePage() then protectionText = ' ' .. self:makeProtectionText() else protectionText = '' -- Interface pages cannot be unprotected, so we don't need to explicitly say they are protected. end -- Deal with cases where we are passed multiple titles. if #titles > 1 then local pagetype if titles:hasSamePagetype() then pagetype = blurb.getPagetypePlural(titles[1]) else pagetype = 'pages' end return mw.ustring.format("'''%s edits be made to the following%s %s''':", requested, protectionText, pagetype) end -- Deal with cases where we are passed only one title. local title = titles[1] local stringToFormat if title.exists then stringToFormat = '%s an edit be made to the%s %s at %s.' else stringToFormat = '%s the%s %s at %s be created.' end stringToFormat = "'''" .. stringToFormat .. "'''" return mw.ustring.format(stringToFormat, requested, protectionText, title.pagetype, title:makeViewLink(title.prefixedText)) end function blurb:makeBody() local titles = self.titles local protectionLevels = titles:getProtectionLevels() local boxProtectionLevel = self.boxProtectionLevel local hasNonInterfacePage = titles:hasNonInterfacePage() local isPlural = false if #titles > 1 then isPlural = true end local descriptionText = "This template must be followed by a '''complete and specific description''' of the request, " if boxProtectionLevel == 'sysop' then local editText = 'edit' if isPlural then editText = editText .. 's' end local descriptionCompleteText = mw.ustring.format('so that an editor unfamiliar with the subject matter could complete the requested %s immediately.', editText) descriptionText = descriptionText .. descriptionCompleteText else descriptionText = descriptionText .. 'that is, specify what text should be removed and a verbatim copy of the text that should replace it. ' .. [["Please change ''X''" is '''not acceptable''' and will be rejected; the request '''must''' be of the form "please change ''X'' to ''Y''".]] end local smallText = '' if boxProtectionLevel == 'sysop' then local templateFullText if boxProtectionLevel == 'sysop' then templateFullText = 'fully protected' end smallText = 'Edit requests to ' .. templateFullText .. " pages should only be used for edits that are either '''uncontroversial''' or supported by [[Wikiversity:Consensus|consensus]]." .. " If the proposed edit might be controversial, discuss it on the protected page's talk page '''before''' using this template." else local userText local responseTemplate if boxProtectionLevel == 'autoconfirmed' then userText = '[[Wikiversity:Autoconfirmed users|autoconfirmed]] user' responseTemplate = blurb.makeTemplateLink('ESp') elseif boxProtectionLevel == 'interfaceadmin' then userText = '[[Wikiversity:Interface administrators|interface administrator]]' responseTemplate = blurb.makeTemplateLink('EIp') else userText = 'user' responseTemplate = blurb.makeTemplateLink('ESp') end local answeredPara = blurb.makeParaText('answered', 'no') local stringToFormat = 'The edit may be made by any %s. ' .. [[Remember to change the %s parameter to "'''yes'''" when the request has been accepted, rejected or on hold awaiting user input. ]] .. "This is so that inactive or completed requests don't needlessly fill up the edit requests category. " .. 'You may also wish to use the %s template in the response.' smallText = mw.ustring.format(stringToFormat, userText, answeredPara, responseTemplate) end if not isPlural then local title = titles[1] if title.namespace == 10 or title.namespace == 828 then local sandboxTitle = title:getSubpageTitle('sandbox') if sandboxTitle and sandboxTitle.exists then smallText = smallText .. ' Consider making changes first to the ' .. sandboxTitle:makeViewLink(title.pagetype .. "'s sandbox") local testcasesTitle = title:getSubpageTitle('testcases') if testcasesTitle and testcasesTitle.exists then smallText = smallText .. ' and ' .. testcasesTitle:makeViewLink('test them thoroughly here') end smallText = smallText .. ' before submitting an edit request.' end end end if hasNonInterfacePage then smallText = smallText .. ' To request that a page be protected or unprotected, make a [[Wikiversity:Requests for page protection|protection request]].' end if boxProtectionLevel == 'sysop' or boxProtectionLevel == 'interfaceadmin' then smallText = smallText .. ' When the request has been completed or denied, please add the ' .. blurb.makeParaText('answered', 'yes') .. ' parameter to deactivate the template.' end return mw.ustring.format('%s\n<p style="font-size:smaller; line-height:1.3em;">\n%s\n</p>', descriptionText, smallText) end function blurb:export() local intro = self:makeIntro() local linkLists = self:makeLinkLists() local body = self:makeBody() -- Start long links lists on a new line. local linkListSep = ' ' if self.linkCount > 5 then linkListSep = '<br />' end return mw.ustring.format('%s%s%s\n\n%s', intro, linkListSep, linkLists, body) end ---------------------------------------------------------------------- -- Subclass of Module:Protected edit request's box class for active boxes ---------------------------------------------------------------------- local box = {} box.__index = box function box.new(protectionType, args) -- In the inheritance system used here, an object's metatable is its class, and a class's metatable is its superclass local obj = getmetatable(box).new(protectionType, args) setmetatable(obj, box) local boxProtectionLevels = {semi = 'autoconfirmed', full = 'sysop', interface = 'interfaceadmin'} obj.boxProtectionLevel = boxProtectionLevels[protectionType] obj.demo = yesno(args.demo) -- Set dependent objects. obj.titles = titleTable.new(args) if not yesno(args.force) and obj.titles:hasSameProperty('sameProtectionStatus', function (title) return title.protectionLevel end) and obj.titles[1].protectionLevel ~= 'unprotected' then obj.boxProtectionLevel = obj.titles[1].protectionLevel end obj.blurb = blurb.new(obj.titles, obj.boxProtectionLevel) return obj end function box:setImage() local titles = self.titles local boxProtectionLevel = self.boxProtectionLevel local padlock if boxProtectionLevel == 'sysop' then padlock = 'Full-protection-shackle.svg' elseif boxProtectionLevel == 'interfaceadmin' then padlock = 'Interface-protection-shackle.svg ' elseif boxProtectionLevel == 'autoconfirmed' then padlock = 'Semi-protection-shackle.svg' else padlock = 'Padlock-bronze-open.svg' end local stringToFormat = '[[File:%s|%dpx|alt=|link=]]' local smallPadlock = mw.ustring.format(stringToFormat, padlock, 25) local largePadlock = mw.ustring.format(stringToFormat, padlock, 60) self:setArg('smallimage', smallPadlock) self:setArg('image', largePadlock) end function box:buildUrnLinks() local ret = {} local boxProtectionLevel = self.boxProtectionLevel for titleObj in self.titles:titleIterator() do table.insert(ret, titleObj:makeUrnLink(boxProtectionLevel)) end return mw.ustring.format('<span class="plainlinks" style="display:none">%s</span>', table.concat(ret)) end function box:setBlurbText() self:setArg('text', self.blurb:export() .. self:buildUrnLinks()) end function box:exportRequestTmbox() self:setImage() self:setBlurbText() self:setArg('class', 'editrequest') self:setArg('id', title.getProtectionLevelText(self.boxProtectionLevel)) -- for anchor. yes, this leads to multiple elements with the same ID. we should probably fix this at some point return makeMessageBox('tmbox', self.tmboxArgs) end function box:exportRequestCategories() local cats = {} local boxProtectionLevel = self.boxProtectionLevel local function addCat(cat) table.insert(cats, mw.ustring.format('[[Category:%s]]', cat)) end local protectionCats = { autoconfirmed = 'Wikiversity semi-protected edit requests', sysop = 'Wikiversity fully protected edit requests', interfaceadmin = 'Wikiversity interface-protected edit requests' } addCat(protectionCats[boxProtectionLevel]) if self.titles:hasOtherProtectionLevel(boxProtectionLevel) then addCat('Wikiversity edit requests possibly using incorrect templates') end return table.concat(cats) end function box:export() local title = self.titles.currentTitle if not title.isTalkPage and not self.demo and not yesno(self.args.skiptalk) then return '<span class="error">Error: Protected edit requests can only be made on the talk page.</span>[[Category:Non-talk pages with an edit request template]]' end local ret = {} table.insert(ret, self:exportRequestTmbox()) if not self.demo then table.insert(ret, self:exportRequestCategories()) end return table.concat(ret) end ---------------------------------------------------------------------- -- Function exported to Module:Protected edit request ---------------------------------------------------------------------- return function(superclass, yn, mb) yesno = yn makeMessageBox = mb return setmetatable(box, superclass) end nksdf0fdho6ux40efgjla5n493ng2l1 Template:Edit interface-protected/doc 10 308778 2809369 2779588 2026-05-14T23:38:18Z Codename Noreste 2969951 Adjusting. 2809369 wikitext text/x-wiki {{Documentation subpage}} {{nosubst}} {{template shortcut|{{#switch:{{ROOTPAGENAME}} | #default = IPER | Edit fully-protected = FPER | Edit semi-protected = SPER }} }} {{lua|Module:Protected edit request}} This template is placed on a talk page to request an edit of the corresponding {{#switch:{{ROOTPAGENAME}} | Edit interface-protected = site or user JS or CSS page | Edit fully-protected = [[Wikiversity:Page protection#Full protection|fully protected]] page | Edit semi-protected = [[Wikiversity:Page protection#Semi-protection|semi-protected]] page | #default = protected page }}. The template should be accompanied by a clear and specific description of the requested change, and consensus should be obtained before the template is added. '''Please see [[Wikiversity:Edit requests]] for guidance''', especially if this is the first time you are making an edit request. {{#ifeq:{{ROOTPAGENAME}}|Edit fully-protected|To report an error you have noticed on the current [[Main Page|main page]], please add it on '''[[Wikiversity talk:Main Page]]''' instead of using this template.}} == Usage == ; Basic usage : {{Tlc|{{ROOTPAGENAME}}}} ; Specify pages to be edited : {{Tlc|{{ROOTPAGENAME}}|''First page to be edited''|''Second page to be edited''|...}} ; Specify pages in a different namespace (e.g. modules with a [[Wikiversity:Centralized_talk_pages|centralised talk page]] located in the Template talk space) : {{Tlc|{{ROOTPAGENAME}}|Module:''ModuleName''|...}} ; Deactivate a request : {{Tlc|{{ROOTPAGENAME}}|answered{{=}}''yes''}} ; All parameters : {{Tlc|{{ROOTPAGENAME}}|''First page to be edited''|''Second page to be edited''|''Third page to be edited''|...|answered{{=}}|demo{{=}}}} == Parameters == All parameters are optional: * positional parameters – Specify pages to be edited. You can add an unlimited number of pages. * {{Para|answered}} or {{Para|ans}} – Set this to "yes", "y", "true" or "1" to mark the edit request as answered. This removes the page from the edit request category. * {{Para|demo}} – Set this to "yes", "y", "true" or "1" to demonstrate the template. This suppresses categories and namespace checks. == See also == {{#ifeq:{{ROOTPAGENAME}}|Edit interface-protected|| *{{t|FPER}} - Edit fully-protected – Use this template instead to request that an administrator update a [[WV:FPP|fully protected]] page.}}{{#ifeq:{{ROOTPAGENAME}}|Edit semi-protected|| *{{t|SPER}} - Edit semi-protected – Use this template instead to request that other editors update a page, if you are not logged in or are too new to edit a semi-protected page.}} <!-- DO NOT PLACE NEW REQUESTS HERE. Please read the instructions above which describe how to use the editprotected template. --><includeonly> {{Sandbox other|| [[Category:Request templates]] }}</includeonly> bezq23g80gdafd73t41xl42di93az05 2809371 2809369 2026-05-14T23:42:50Z Codename Noreste 2969951 + 2809371 wikitext text/x-wiki {{Documentation subpage}} {{nosubst}} {{template shortcut|{{#switch:{{ROOTPAGENAME}} | #default = IPER | Edit fully-protected = FPER | Edit semi-protected = SPER }} }} {{lua|Module:Protected edit request}} This template is placed on a talk page to request an edit of the corresponding {{#switch:{{ROOTPAGENAME}} | Edit interface-protected = site or user JS or CSS page | Edit fully-protected = [[Wikiversity:Page protection#Full protection|fully protected]] page | Edit semi-protected = [[Wikiversity:Page protection#Semi-protection|semi-protected]] page | #default = protected page }}. The template should be accompanied by a clear and specific description of the requested change, and consensus should be obtained before the template is added. '''Please see [[Wikiversity:Edit requests]] for guidance''', especially if this is the first time you are making an edit request. {{#ifeq:{{ROOTPAGENAME}}|Edit fully-protected|To report an error you have noticed on the current [[Main Page|main page]], please add it on '''[[Wikiversity talk:Main Page]]''' instead of using this template.}} == Usage == ; Basic usage : {{Tlc|{{ROOTPAGENAME}}}} ; Specify pages to be edited : {{Tlc|{{ROOTPAGENAME}}|''First page to be edited''|''Second page to be edited''|...}} ; Specify pages in a different namespace (e.g. modules with a [[Wikiversity:Centralized_talk_pages|centralised talk page]] located in the Template talk space) : {{Tlc|{{ROOTPAGENAME}}|Module:''ModuleName''|...}} ; Deactivate a request : {{Tlc|{{ROOTPAGENAME}}|answered{{=}}''yes''}} ; All parameters : {{Tlc|{{ROOTPAGENAME}}|''First page to be edited''|''Second page to be edited''|''Third page to be edited''|...|answered{{=}}|demo{{=}}}} == Parameters == All parameters are optional: * positional parameters – Specify pages to be edited. You can add an unlimited number of pages. * {{Para|answered}} or {{Para|ans}} – Set this to "yes", "y", "true" or "1" to mark the edit request as answered. This removes the page from the edit request category. * {{Para|demo}} – Set this to "yes", "y", "true" or "1" to demonstrate the template. This suppresses categories and namespace checks. == See also == {{#ifeq:{{ROOTPAGENAME}}|Edit interface-protected|| *{{t|IPER}} – Edit interface-protected – Use this template for JavaScript and CSS outside of your own user space.}}{{#ifeq:{{ROOTPAGENAME}}|Edit fully-protected|| *{{t|FPER}} – Edit fully-protected – Use this template instead to request that an administrator update a [[WP:FPP|fully protected]] page.}}{{#ifeq:{{ROOTPAGENAME}}|Edit semi-protected|| *{{t|SPER}} – Edit semi-protected – Use this template instead to request that other editors update a page, if you are not logged in or are too new to edit a semi-protected page.}} <!-- DO NOT PLACE NEW REQUESTS HERE. Please read the instructions above which describe how to use the editprotected template. --><includeonly> {{Sandbox other|| [[Category:Request templates]] }}</includeonly> adz3jvu776hdz4b9xro89l1rjxjf0j9 2809372 2809371 2026-05-14T23:43:06Z Codename Noreste 2969951 /* See also */ (using [[wikt:MediaWiki:Gadget-AjaxEdit.js|AjaxEdit]]) 2809372 wikitext text/x-wiki {{Documentation subpage}} {{nosubst}} {{template shortcut|{{#switch:{{ROOTPAGENAME}} | #default = IPER | Edit fully-protected = FPER | Edit semi-protected = SPER }} }} {{lua|Module:Protected edit request}} This template is placed on a talk page to request an edit of the corresponding {{#switch:{{ROOTPAGENAME}} | Edit interface-protected = site or user JS or CSS page | Edit fully-protected = [[Wikiversity:Page protection#Full protection|fully protected]] page | Edit semi-protected = [[Wikiversity:Page protection#Semi-protection|semi-protected]] page | #default = protected page }}. The template should be accompanied by a clear and specific description of the requested change, and consensus should be obtained before the template is added. '''Please see [[Wikiversity:Edit requests]] for guidance''', especially if this is the first time you are making an edit request. {{#ifeq:{{ROOTPAGENAME}}|Edit fully-protected|To report an error you have noticed on the current [[Main Page|main page]], please add it on '''[[Wikiversity talk:Main Page]]''' instead of using this template.}} == Usage == ; Basic usage : {{Tlc|{{ROOTPAGENAME}}}} ; Specify pages to be edited : {{Tlc|{{ROOTPAGENAME}}|''First page to be edited''|''Second page to be edited''|...}} ; Specify pages in a different namespace (e.g. modules with a [[Wikiversity:Centralized_talk_pages|centralised talk page]] located in the Template talk space) : {{Tlc|{{ROOTPAGENAME}}|Module:''ModuleName''|...}} ; Deactivate a request : {{Tlc|{{ROOTPAGENAME}}|answered{{=}}''yes''}} ; All parameters : {{Tlc|{{ROOTPAGENAME}}|''First page to be edited''|''Second page to be edited''|''Third page to be edited''|...|answered{{=}}|demo{{=}}}} == Parameters == All parameters are optional: * positional parameters – Specify pages to be edited. You can add an unlimited number of pages. * {{Para|answered}} or {{Para|ans}} – Set this to "yes", "y", "true" or "1" to mark the edit request as answered. This removes the page from the edit request category. * {{Para|demo}} – Set this to "yes", "y", "true" or "1" to demonstrate the template. This suppresses categories and namespace checks. == See also == {{#ifeq:{{ROOTPAGENAME}}|Edit interface-protected|| *{{t|IPER}} – Edit interface-protected – Use this template for JavaScript and CSS outside of your own user space.}}{{#ifeq:{{ROOTPAGENAME}}|Edit fully-protected|| *{{t|FPER}} – Edit fully-protected – Use this template instead to request that an administrator update a fully protected page.}}{{#ifeq:{{ROOTPAGENAME}}|Edit semi-protected|| *{{t|SPER}} – Edit semi-protected – Use this template instead to request that other editors update a page, if you are not logged in or are too new to edit a semi-protected page.}} <!-- DO NOT PLACE NEW REQUESTS HERE. Please read the instructions above which describe how to use the editprotected template. --><includeonly> {{Sandbox other|| [[Category:Request templates]] }}</includeonly> onnng4exew17zf7e5yfm1x5wj08zj49 Category:Wikiversity edit requests 14 308837 2809376 2661368 2026-05-14T23:50:51Z Codename Noreste 2969951 Update. 2809376 wikitext text/x-wiki {{Wikiversity category|shortcut=CAT:ER}} This category contains '''requests for edits to [[Wikiversity:Page protection|protected]] pages'''. See [[w:Wikipedia:Edit requests]] for further information. {{DEFAULTSORT:Edit Requests, Wikiversity}} [[Category:Wikiversity page protection]] [[Category:Wikiversity requests]] asgzu7nwrmgbocm2b9jyxkc0ynkenam Einstein Probability Dilation 0 321584 2809398 2795045 2026-05-15T01:07:09Z Howie2024 2995240 working parse errors. 2809398 wikitext text/x-wiki {{Research project}} {{To be peer reviewed}} = Einstein Probability Dilation (EPD) = == Research abstract == '''Einstein Probability Dilation (EPD)''' is a measure-theoretic research framework for studying how probability measures transform under '''positive reweighting (dilation)''' while preserving normalization and producing controlled changes in expectation values. EPD treats a probability measure as the primary mathematical object and investigates: * invariant identities induced by reweighting, * composition and iteration of dilations, * fixed points and near-fixed behavior, * whether iterative measure updates can generate testable multiscale statistical structure (to be evaluated via explicit models and simulations). EPD is presented as a mathematical framework. Any proposed application to physics or cosmology must be expressed as a concrete model (space, baseline measure, dilation field) and tested against falsifiable predictions. == Overview == EPD is motivated by the observation that some structural information can be recovered from sampling statistics (e.g., [[w:Buffon's needle problem|Buffon’s needle]]). EPD abstracts this idea by focusing on measure transformation itself: a dilation field modifies a baseline probability measure in a way that is: * mathematically well-defined (positivity and normalization), * composable under iteration, * analyzable for invariants and fixed points. = Mathematical framework = == Definitions and notation == Let <math>(\Omega,\Sigma)</math> be a measurable space. * <math>P</math> denotes a probability measure on <math>(\Omega,\Sigma)</math>. * If <math>P</math> has a density <math>p</math> with respect to a reference measure <math>\mu</math>, then <math>dP=p\,d\mu</math>. * <math>D:\Omega\to(0,\infty)</math> is a measurable '''dilation field''' (a positive weight function). * <math>Z(P,D)</math> is the normalization constant: <math>Z(P,D)=\int_\Omega D\,dP</math>. * For an observable <math>f:\Omega\to\mathbb{R}</math> integrable under the relevant measure, <math>\mathbb{E}_P[f]=\int_\Omega f\,dP</math>. == Probability dilation (reweighting) == Given <math>P</math> and <math>D</math> with <math>0<Z(P,D)<\infty</math>, define the '''EPD transform''' <math>\widetilde{P}=\mathrm{EPD}(P;D)</math> by: <math>\widetilde{P}(A)=\frac{\int_A D\,dP}{\int_\Omega D\,dP}\quad\text{for all }A\in\Sigma.</math> If <math>dP=p\,d\mu</math>, then <math>d\widetilde{P}=\widetilde{p}\,d\mu</math> where <math>\widetilde{p}(x)=\frac{D(x)\,p(x)}{Z},\quad Z=\int_\Omega D(x)\,p(x)\,d\mu.</math> '''Interpretation:''' the dilation field <math>D</math> shifts probability mass toward regions where <math>D</math> is larger, while renormalization keeps total probability equal to 1. == Example: Lorentz contraction as a positive dilation field == A familiar physical example of a strictly positive factor is the Lorentz factor: <math><math>\gamma(v)=\frac{1}{\sqrt{1-\frac{v^2}{c^2}}}\quad\text{for }\lvert v\rvert < c.&lt;/math></math> Lorentz contraction for a rod of rest length <math>L_0</math> moving at speed <math>v</math> is: <math>L(v)=\frac{L_0}{\gamma(v)}.</math> To connect this idea to EPD (as an illustration only), one may define a positive dilation field based on <math>\gamma</math>, for instance: * <math>D(x)=\gamma(x)</math> (weights states by increasing <math>\gamma</math>), or * <math>D(x)=\frac{1}{\gamma(x)}</math> (weights states by decreasing <math>\gamma</math>), provided <math>D(x)</math> is strictly positive over the model’s domain and <math>0<\int_\Omega D\,dP<\infty</math>. This example is included purely to illustrate “positive dilation”; it is not presented as a cosmological model. === Buffon sampling, the constant \pi, and a Lorentz-induced dilation factor (toy) === This brief example shows how <math>\pi</math> naturally appears from sampling geometry (Buffon’s needle) and how inserting Lorentz contraction into the sampled length produces a strictly positive, dimensionless candidate dilation field. This is included for mathematical intuition; it is not claimed as a physical derivation. For the classical [[w:Buffon's needle problem|Buffon needle problem]] with needle length <math>L\le d</math> and line spacing <math>d</math>, the crossing probability is: <math>P_{\mathrm{cross}}(L;d)=\frac{2L}{\pi d}.</math> If a rest-length <math>L_0</math> undergoes Lorentz contraction <math>L(v)=L_0/\gamma(v)</math> for <math>|v|\text{<}c</math>, then the same form gives: <math>P_{\mathrm{cross}}(v)=\frac{2L_0}{\pi d\,\gamma(v)}.</math> Normalizing to the rest case yields a dimensionless sampling ratio: <math>D_{\pi}(v):=\frac{P_{\mathrm{cross}}(v)}{P_{\mathrm{cross}}(0)}=\frac{1}{\gamma(v)}=\sqrt{1-\frac{v^2}{c^2}}.</math> This <math>D_{\pi}(v)</math> is strictly positive on the domain <math>|v|\text{<}c</math> and can be used (illustratively) as a dilation field in the EPD transform: <math>\widetilde{P}(A)=\frac{\int_A D_{\pi}(v)\,dP}{\int_\Omega D_{\pi}(v)\,dP}.</math> == Theorem-style mathematics expansion == === Definition (EPD reweighting operator) === Let <math>P</math> be a probability measure on <math>(\Omega,\Sigma)</math> and <math>D:\Omega\to(0,\infty)</math> measurable with <math>0<\int_\Omega D\,dP<\infty</math>. Define <math>\mathrm{EPD}(P;D)=\widetilde{P}</math> by: <math>\widetilde{P}(A)=\frac{\int_A D\,dP}{\int_\Omega D\,dP}.</math> === Theorem 1 (Normalization and positivity) === <math>\widetilde{P}</math> is a probability measure. In particular: # <math>\widetilde{P}(A)\ge 0</math> for all measurable <math>A</math>, # <math>\widetilde{P}(\Omega)=1</math>, # If <math>P(A)=0</math> then <math>\widetilde{P}(A)=0</math> (absolute continuity preserved). === Theorem 2 (Expectation reweighting identity) === If <math>f</math> is integrable under <math>\widetilde{P}</math>, then <math>\mathbb{E}_{\widetilde{P}}[f]=\frac{\mathbb{E}_P[D\,f]}{\mathbb{E}_P[D]}.</math> === Theorem 3 (Composition / iteration rule) === Let <math>\widetilde{P}=\mathrm{EPD}(P;D_1)</math> and <math>\widehat{P}=\mathrm{EPD}(\widetilde{P};D_2)</math>. Then <math>\widehat{P}=\mathrm{EPD}(P;D_1D_2)</math> provided <math>\int_\Omega D_1D_2\,dP</math> is finite and nonzero. === Theorem 4 (Fixed-point condition) === <math>P</math> is a fixed point of EPD under dilation <math>D</math> (i.e., <math>\mathrm{EPD}(P;D)=P</math>) if and only if <math>D</math> is constant <math>P</math>-almost everywhere. == Invariant quantities == EPD naturally highlights quantities that are invariant (or transform in controlled ways) under reweighting, including: * ratios of expectations of the form <math>\mathbb{E}_P[D f]/\mathbb{E}_P[D]</math>, * equivalence classes of observables that remain unchanged under specific families of dilations, * fixed-point structure (trivial dilations) and near-fixed behavior (small perturbations). = Core axioms of Einstein Probability Dilation = === Axiom 1 — Probability primacy === Probability measures are treated as primary mathematical objects; structure is inferred from invariant properties of measure transformations. === Axiom 2 — Positive dilation === Dilation fields are positive (<math>D</math> is strictly positive) so that reweighting preserves positivity and supports a consistent normalization constant. === Axiom 3 — Iterative composability === Successive dilations compose multiplicatively (<math>D_1D_2</math>), enabling multi-step (iterative) dynamics on measures. = Falsifiability conditions = A proposed EPD-based model should specify: * the configuration space <math>\Omega</math>, * a baseline measure <math>P</math>, * an explicit dilation field <math>D</math> (with parameters and domain), * measurable predictions (statistics, scaling laws, invariants) that can be checked against simulation or data, * a baseline comparison (null model) and evaluation criteria (error measures, goodness-of-fit, or hypothesis tests). '''Concrete falsifiability test (clustering example):''' Choose a baseline mock galaxy catalog (configuration space <math>\Omega</math>), define an explicit strictly positive dilation field <math>D(x)=\exp(\lambda\,\phi(x))</math>, apply EPD-style reweighting (e.g., importance resampling of the empirical measure), and compute the resulting two-point correlation function <math>\xi(r)</math> using a standard estimator (e.g., normalized Landy–Szalay). Define a quantitative success metric (for example, mean-squared error between modeled and observed <math>\xi(r)</math> over specified separation bins such as <math>r\le 60\,\mathrm{Mpc}/h</math>). The model is falsified if no parameter choices within the stated domain can meet the pre-registered threshold under the chosen metric, or if the fit fails out-of-sample on withheld bins. = Numerical simulation and iterative models = == Simulation model description == In discrete demonstrations, the “state space” may be a finite set (e.g., bins, configurations, or catalog points), and the probability measure <math>P</math> may be represented as a probability vector (or an empirical measure) over those states. Two equivalent discrete implementations are common: * '''weighted evaluation''': keep all points and carry weights proportional to <math>D</math>, or * '''importance resampling''': draw a new empirical catalog with sampling probabilities proportional to <math>D</math>. === Demonstration: reweighting mock galaxy catalogs and comparing \xi(r) === This demonstration connects the EPD reweighting idea to a standard observable in large-scale structure: the (monopole) two-point correlation function <math>\xi(r)</math>. The goal here is not a precision cosmology fit, but a clean, falsifiable pipeline: # generate a baseline mock galaxy catalog in a periodic box (approximately unclustered), # define a strictly positive dilation field <math>D(x)=\exp(\lambda\,\phi(x))</math> over galaxy positions, # perform EPD-style importance resampling to obtain a reweighted (clustered) mock catalog, # measure <math>\xi(r)</math> using the properly normalized Landy–Szalay estimator, # tune a small mini-grid over <math>(\sigma,\lambda)</math> to minimize a simple mismatch score on small scales. ==== Key definitions ==== * Dilation field: <math>D(x)=\exp(\lambda\,\phi(x))</math>, with <math>\lambda \text{>} 0</math> and <math>\phi(x)\ge 0</math>. * Example potential: <math>\phi(x)=\sum_k \exp\!\left(-\|x-s_k\|^2/(2\sigma^2)\right)</math> using seed points <math>s_k</math>. * Landy–Szalay estimator (normalized counts): <math>\xi(r)=\frac{DD(r)-2DR(r)+RR(r)}{RR(r)}</math>, where <math>DD,DR,RR</math> are pair counts normalized by the total number of possible pairs in each catalog. <syntaxhighlight lang="python"> import numpy as np import matplotlib.pyplot as plt # ========================================== # 1) Pair-counting with periodic boundaries # ========================================== def pair_counts_weighted(posA, posB, bins, boxsize, wA=None, wB=None, autocorr=False, chunk=512): """ Weighted pair counts in radial bins with periodic boundary conditions. - autocorr=True: count unique pairs i<j within posA - autocorr=False: count all cross pairs between posA and posB Returns raw (un-normalized) weighted counts per bin. """ posA = np.asarray(posA, float) posB = np.asarray(posB, float) bins = np.asarray(bins, float) nb = len(bins) - 1 L = float(boxsize) if wA is None: wA = np.ones(len(posA), float) if wB is None: wB = np.ones(len(posB), float) wA = np.asarray(wA, float) wB = np.asarray(wB, float) counts = np.zeros(nb, float) if autocorr: N = len(posA) for i0 in range(0, N, chunk): i1 = min(N, i0 + chunk) A = posA[i0:i1] wAi = wA[i0:i1] # distances from A to ALL posA (periodic) d = A[:, None, :] - posA[None, :, :] d -= L * np.round(d / L) r = np.sqrt(np.sum(d * d, axis=2)) W = wAi[:, None] * wA[None, :] # accumulate only i<j for ii in range(i1 - i0): j_start = i0 + ii + 1 if j_start >= N: continue rr = r[ii, j_start:] ww = W[ii, j_start:] hist, _ = np.histogram(rr, bins=bins, weights=ww) counts += hist return counts else: NA = len(posA) for i0 in range(0, NA, chunk): i1 = min(NA, i0 + chunk) A = posA[i0:i1] wAi = wA[i0:i1] d = A[:, None, :] - posB[None, :, :] d -= L * np.round(d / L) r = np.sqrt(np.sum(d * d, axis=2)) W = wAi[:, None] * wB[None, :] hist, _ = np.histogram(r, bins=bins, weights=W) counts += hist return counts def landy_szalay_xi(DD_raw, DR_raw, RR_raw, nD, nR): """ Properly normalized Landy–Szalay estimator: DD = DD_raw / [nD (nD-1)/2] DR = DR_raw / [nD nR] RR = RR_raw / [nR (nR-1)/2] xi = (DD - 2 DR + RR) / RR """ DD = DD_raw / (nD * (nD - 1) / 2.0) DR = DR_raw / (nD * nR) RR = RR_raw / (nR * (nR - 1) / 2.0) return (DD - 2 * DR + RR) / np.maximum(RR, 1e-30) # ========================================== # 2) EPD-style dilation field + resampling # ========================================== def gaussian_seed_field(pos, seeds, boxsize, sigma): """ phi(x) = sum_k exp(-||x-seed_k||^2/(2 sigma^2)) with periodic distances. Always nonnegative. """ pos = np.asarray(pos, float) seeds = np.asarray(seeds, float) L = float(boxsize) d = pos[:, None, :] - seeds[None, :, :] d -= L * np.round(d / L) r2 = np.sum(d * d, axis=2) phi = np.exp(-0.5 * r2 / (sigma ** 2)).sum(axis=1) return phi def epd_resample_catalog(pos0, phi, lam, rng): """ Importance-resampling version of discrete EPD on an empirical measure: weights ∝ D(x)=exp(lam * phi(x)) resample points with prob ∝ weights """ logw = lam * phi logw -= np.max(logw) # stabilize w = np.exp(logw) # strictly positive p = w / w.sum() idx = rng.choice(len(pos0), size=len(pos0), replace=True, p=p) return pos0[idx] # ========================================== # 3) Load real xi0(r) for reference (BOSS) # ========================================== # NOTE: Set this path to wherever you saved the file locally. # The example below matches the earlier DR11 multipoles file name. path = "samushia_2013_CMASSDR11_xi_multipoles.dat" vals = np.loadtxt(path) xi_obs = vals[:16] # monopole xi0 # BOSS bins: edges 24..152 step 8 => centers 28..148 bins = np.arange(24, 152 + 8, 8) r_centers = (bins[:-1] + bins[1:]) / 2 # ========================================== # 4) Build baseline mock + randoms (periodic box) # ========================================== rng = np.random.default_rng(7) boxsize = 200.0 N_data0 = 1400 N_rand = 4500 pos0 = rng.uniform(0, boxsize, size=(N_data0, 3)) posR = rng.uniform(0, boxsize, size=(N_rand, 3)) # Precompute RR once (random-random doesn't change during grid search) RR = pair_counts_weighted(posR, posR, bins, boxsize, autocorr=True, chunk=512) # ========================================== # 5) Define seed locations (kept fixed during tuning) # ========================================== K = 12 seeds = rng.uniform(0, boxsize, size=(K, 3)) # ========================================== # 6) Objective: simple "success" on small-r bins # ========================================== def mse_on_bins(xi_model, xi_target, r_centers, rmax=60.0): """ Mean squared error over bins with r <= rmax (simple success criterion). """ m = r_centers <= rmax return float(np.mean((xi_model[m] - xi_target[m]) ** 2)) # ========================================== # 7) Mini-grid search over (lambda, sigma) # ========================================== sigmas = [6.0, 8.0, 10.0, 12.0, 15.0] # seed width (correlation length scale) lams = [0.5, 1.0, 2.0, 3.0, 4.0, 5.0] # dilation strength best = None # Baseline xi (should be ~0) DD0 = pair_counts_weighted(pos0, pos0, bins, boxsize, autocorr=True, chunk=512) DR0 = pair_counts_weighted(pos0, posR, bins, boxsize, autocorr=False, chunk=512) xi_base = landy_szalay_xi(DD0, DR0, RR, nD=len(pos0), nR=len(posR)) for sigma in sigmas: phi = gaussian_seed_field(pos0, seeds, boxsize, sigma) for lam in lams: pos1 = epd_resample_catalog(pos0, phi, lam, rng) DD1 = pair_counts_weighted(pos1, pos1, bins, boxsize, autocorr=True, chunk=512) DR1 = pair_counts_weighted(pos1, posR, bins, boxsize, autocorr=False, chunk=512) xi_epd = landy_szalay_xi(DD1, DR1, RR, nD=len(pos1), nR=len(posR)) score = mse_on_bins(xi_epd, xi_obs, r_centers, rmax=60.0) if best is None or score < best[0]: best = (score, sigma, lam, xi_epd) best_score, best_sigma, best_lam, xi_best = best # ========================================== # 8) Plot baseline vs best EPD vs observed # ========================================== plt.figure() plt.plot(r_centers, xi_base, marker='o', label="Mock baseline (uniform Poisson)") plt.plot(r_centers, xi_best, marker='o', label=f"Best EPD-resampled (sigma={best_sigma}, lambda={best_lam})") plt.plot(r_centers, xi_obs, marker='o', linestyle='--', label="Observed BOSS DR11 ξ₀(r) (reference)") plt.axhline(0, linewidth=1) plt.xlabel("r [Mpc/h]") plt.ylabel("ξ(r) (monopole estimate)") plt.title("EPD reweighting of mock catalogs: mini-grid tuning (toy demonstration)") plt.legend() plt.show() print("=== Mini-grid search result ===") print(f"Best score (MSE on r<=60): {best_score:.6e}") print(f"Best sigma: {best_sigma} Best lambda: {best_lam}") </syntaxhighlight> '''How to run:''' download the BOSS multipoles text file to your computer and set <code>path</code> in the script to that local filename. Then run the script in Python (NumPy + Matplotlib required). The baseline curve should lie near <math>\xi\approx 0</math>, while the EPD-resampled mock typically shows positive small-scale clustering. = Scope and limitations = EPD is a mathematical framework for measure transformations. It does not claim: * a replacement theory for GR/QM, * empirical confirmation without explicit predictions and tests. = Future directions = * develop canonical families of dilation fields and invariants, * clarify “structure-from-measure” diagnostics, * publish reproducible simulation notebooks and parameter sweeps, * compare multiple dilation families under shared evaluation criteria. = See also = * [[w:Buffon's needle problem|Buffon's needle problem]] * [[w:Probability measure|Probability measure]] * [[w:Cosmological principle|Cosmological principle]] * [[w:Holographic principle|Holographic principle]] * [[w:Fractal geometry|Fractal geometry]] * [[w:Quantum field theory|Quantum field theory]] * [[w:Langlands program|Langlands program]] = References = ==== Probability / measure theory ==== * [[w:Measure (mathematics)|Measure (mathematics)]] * [[w:Radon–Nikodym theorem|Radon–Nikodym theorem]] * [[w:Probability theory|Probability theory]] ==== Computing / simulation ==== * [[w:Monte Carlo method|Monte Carlo method]] * [[w:Importance sampling|Importance sampling]] == Copyright and licensing == This Wikiversity page is authored by Howard Richardson. Please attribute appropriately when reusing or adapting this material. Earlier and related versions may also be available on OSF and arXiv under the licenses stated on those platforms. Where multiple versions exist, the license shown on the specific platform/version governs reuse of that version. 92yfs14emb06863vledzyj7av3wuvnv 2809403 2809398 2026-05-15T01:29:58Z Howie2024 2995240 2809403 wikitext text/x-wiki {{Research project}} {{To be peer reviewed}} = Einstein Probability Dilation (EPD) = == Research abstract == '''Einstein Probability Dilation (EPD)''' is a measure-theoretic research framework for studying how probability measures transform under '''positive reweighting (dilation)''' while preserving normalization and producing controlled changes in expectation values. EPD treats a probability measure as the primary mathematical object and investigates: * invariant identities induced by reweighting, * composition and iteration of dilations, * fixed points and near-fixed behavior, * whether iterative measure updates can generate testable multiscale statistical structure (to be evaluated via explicit models and simulations). EPD is presented as a mathematical framework. Any proposed application to physics or cosmology must be expressed as a concrete model (space, baseline measure, dilation field) and tested against falsifiable predictions. == Overview == EPD is motivated by the observation that some structural information can be recovered from sampling statistics (e.g., [[w:Buffon's needle problem|Buffon’s needle]]). EPD abstracts this idea by focusing on measure transformation itself: a dilation field modifies a baseline probability measure in a way that is: * mathematically well-defined (positivity and normalization), * composable under iteration, * analyzable for invariants and fixed points. = Mathematical framework = == Definitions and notation == Let <math>(\Omega,\Sigma)</math> be a measurable space. * <math>P</math> denotes a probability measure on <math>(\Omega,\Sigma)</math>. * If <math>P</math> has a density <math>p</math> with respect to a reference measure <math>\mu</math>, then <math>dP=p\,d\mu</math>. * <math>D:\Omega\to(0,\infty)</math> is a measurable '''dilation field''' (a positive weight function). * <math>Z(P,D)</math> is the normalization constant: <math>Z(P,D)=\int_\Omega D\,dP</math>. * For an observable <math>f:\Omega\to\mathbb{R}</math> integrable under the relevant measure, <math>\mathbb{E}_P[f]=\int_\Omega f\,dP</math>. == Probability dilation (reweighting) == Given <math>P</math> and <math>D</math> with <math>0<Z(P,D)<\infty</math>, define the '''EPD transform''' <math>\widetilde{P}=\mathrm{EPD}(P;D)</math> by: <math>\widetilde{P}(A)=\frac{\int_A D\,dP}{\int_\Omega D\,dP}\quad\text{for all }A\in\Sigma.</math> If <math>dP=p\,d\mu</math>, then <math>d\widetilde{P}=\widetilde{p}\,d\mu</math> where <math>\widetilde{p}(x)=\frac{D(x)\,p(x)}{Z},\quad Z=\int_\Omega D(x)\,p(x)\,d\mu.</math> '''Interpretation:''' the dilation field <math>D</math> shifts probability mass toward regions where <math>D</math> is larger, while renormalization keeps total probability equal to 1. == Example: Lorentz contraction as a positive dilation field == A familiar physical example of a strictly positive factor is the Lorentz factor: <math>\gamma(v)=\frac{1}{\sqrt{1-\frac{v^2}{c^2}}}\quad\text{for } |v| < c.</math> Lorentz contraction for a rod of rest length <math>L_0</math> moving at speed <math>v</math> is: <math>L(v)=\frac{L_0}{\gamma(v)}.</math> To connect this idea to EPD (as an illustration only), one may define a positive dilation field based on <math>\gamma</math>, for instance: * <math>D(x)=\gamma(x)</math> (weights states by increasing <math>\gamma</math>), or * <math>D(x)=\frac{1}{\gamma(x)}</math> (weights states by decreasing <math>\gamma</math>), provided <math>D(x)</math> is strictly positive over the model’s domain and <math>0<\int_\Omega D\,dP<\infty</math>. This example is included purely to illustrate “positive dilation”; it is not presented as a cosmological model. === Buffon sampling, the constant \pi, and a Lorentz-induced dilation factor (toy) === This brief example shows how <math>\pi</math> naturally appears from sampling geometry (Buffon’s needle) and how inserting Lorentz contraction into the sampled length produces a strictly positive, dimensionless candidate dilation field. This is included for mathematical intuition; it is not claimed as a physical derivation. For the classical [[w:Buffon's needle problem|Buffon needle problem]] with needle length <math>L\le d</math> and line spacing <math>d</math>, the crossing probability is: <math>P_{\mathrm{cross}}(L;d)=\frac{2L}{\pi d}.</math> If a rest-length <math>L_0</math> undergoes Lorentz contraction <math>L(v)=L_0/\gamma(v)</math> for <math>|v| < c</math>, then the same form gives: <math>P_{\mathrm{cross}}(v)=\frac{2L_0}{\pi d\,\gamma(v)}.</math> Normalizing to the rest case yields a dimensionless sampling ratio: <math>D_{\pi}(v):=\frac{P_{\mathrm{cross}}(v)}{P_{\mathrm{cross}}(0)}=\frac{1}{\gamma(v)}=\sqrt{1-\frac{v^2}{c^2}}.</math> This <math>D_{\pi}(v)</math> is strictly positive on the domain <math><math>|v| < c</math></math> and can be used (illustratively) as a dilation field in the EPD transform: <math>\widetilde{P}(A)=\frac{\int_A D_{\pi}(v)\,dP}{\int_\Omega D_{\pi}(v)\,dP}.</math> == Theorem-style mathematics expansion == === Definition (EPD reweighting operator) === Let <math>P</math> be a probability measure on <math>(\Omega,\Sigma)</math> and <math>D:\Omega\to(0,\infty)</math> measurable with <math>0<\int_\Omega D\,dP<\infty</math>. Define <math>\mathrm{EPD}(P;D)=\widetilde{P}</math> by: <math>\widetilde{P}(A)=\frac{\int_A D\,dP}{\int_\Omega D\,dP}.</math> === Theorem 1 (Normalization and positivity) === <math>\widetilde{P}</math> is a probability measure. In particular: # <math>\widetilde{P}(A)\ge 0</math> for all measurable <math>A</math>, # <math>\widetilde{P}(\Omega)=1</math>, # If <math>P(A)=0</math> then <math>\widetilde{P}(A)=0</math> (absolute continuity preserved). === Theorem 2 (Expectation reweighting identity) === If <math>f</math> is integrable under <math>\widetilde{P}</math>, then <math>\mathbb{E}_{\widetilde{P}}[f]=\frac{\mathbb{E}_P[D\,f]}{\mathbb{E}_P[D]}.</math> === Theorem 3 (Composition / iteration rule) === Let <math>\widetilde{P}=\mathrm{EPD}(P;D_1)</math> and <math>\widehat{P}=\mathrm{EPD}(\widetilde{P};D_2)</math>. Then <math>\widehat{P}=\mathrm{EPD}(P;D_1D_2)</math> provided <math>\int_\Omega D_1D_2\,dP</math> is finite and nonzero. === Theorem 4 (Fixed-point condition) === <math>P</math> is a fixed point of EPD under dilation <math>D</math> (i.e., <math>\mathrm{EPD}(P;D)=P</math>) if and only if <math>D</math> is constant <math>P</math>-almost everywhere. == Invariant quantities == EPD naturally highlights quantities that are invariant (or transform in controlled ways) under reweighting, including: * ratios of expectations of the form <math>\mathbb{E}_P[D f]/\mathbb{E}_P[D]</math>, * equivalence classes of observables that remain unchanged under specific families of dilations, * fixed-point structure (trivial dilations) and near-fixed behavior (small perturbations). = Core axioms of Einstein Probability Dilation = === Axiom 1 — Probability primacy === Probability measures are treated as primary mathematical objects; structure is inferred from invariant properties of measure transformations. === Axiom 2 — Positive dilation === Dilation fields are positive (<math>D</math> is strictly positive) so that reweighting preserves positivity and supports a consistent normalization constant. === Axiom 3 — Iterative composability === Successive dilations compose multiplicatively (<math>D_1D_2</math>), enabling multi-step (iterative) dynamics on measures. = Falsifiability conditions = A proposed EPD-based model should specify: * the configuration space <math>\Omega</math>, * a baseline measure <math>P</math>, * an explicit dilation field <math>D</math> (with parameters and domain), * measurable predictions (statistics, scaling laws, invariants) that can be checked against simulation or data, * a baseline comparison (null model) and evaluation criteria (error measures, goodness-of-fit, or hypothesis tests). '''Concrete falsifiability test (clustering example):''' Choose a baseline mock galaxy catalog (configuration space <math>\Omega</math>), define an explicit strictly positive dilation field <math>D(x)=\exp(\lambda\,\phi(x))</math>, apply EPD-style reweighting (e.g., importance resampling of the empirical measure), and compute the resulting two-point correlation function <math>\xi(r)</math> using a standard estimator (e.g., normalized Landy–Szalay). Define a quantitative success metric (for example, mean-squared error between modeled and observed <math>\xi(r)</math> over specified separation bins such as <math>r\le 60\,\mathrm{Mpc}/h</math>). The model is falsified if no parameter choices within the stated domain can meet the pre-registered threshold under the chosen metric, or if the fit fails out-of-sample on withheld bins. = Numerical simulation and iterative models = == Simulation model description == In discrete demonstrations, the “state space” may be a finite set (e.g., bins, configurations, or catalog points), and the probability measure <math>P</math> may be represented as a probability vector (or an empirical measure) over those states. Two equivalent discrete implementations are common: * '''weighted evaluation''': keep all points and carry weights proportional to <math>D</math>, or * '''importance resampling''': draw a new empirical catalog with sampling probabilities proportional to <math>D</math>. === Demonstration: reweighting mock galaxy catalogs and comparing \xi(r) === This demonstration connects the EPD reweighting idea to a standard observable in large-scale structure: the (monopole) two-point correlation function <math>\xi(r)</math>. The goal here is not a precision cosmology fit, but a clean, falsifiable pipeline: # generate a baseline mock galaxy catalog in a periodic box (approximately unclustered), # define a strictly positive dilation field <math>D(x)=\exp(\lambda\,\phi(x))</math> over galaxy positions, # perform EPD-style importance resampling to obtain a reweighted (clustered) mock catalog, # measure <math>\xi(r)</math> using the properly normalized Landy–Szalay estimator, # tune a small mini-grid over <math>(\sigma,\lambda)</math> to minimize a simple mismatch score on small scales. ==== Key definitions ==== * Dilation field: <math>D(x)=\exp(\lambda\,\phi(x))</math>, with <math>\lambda > 0</math> and <math>\phi(x)\ge 0</math>. * Example potential: <math>\phi(x)=\sum_k \exp\!\left(-\|x-s_k\|^2/(2\sigma^2)\right)</math> using seed points <math>s_k</math>. * Landy–Szalay estimator (normalized counts): <math>\xi(r)=\frac{DD(r)-2DR(r)+RR(r)}{RR(r)}</math>, where <math>DD,DR,RR</math> are pair counts normalized by the total number of possible pairs in each catalog. <syntaxhighlight lang="python"> import numpy as np import matplotlib.pyplot as plt # ========================================== # 1) Pair-counting with periodic boundaries # ========================================== def pair_counts_weighted(posA, posB, bins, boxsize, wA=None, wB=None, autocorr=False, chunk=512): """ Weighted pair counts in radial bins with periodic boundary conditions. - autocorr=True: count unique pairs i<j within posA - autocorr=False: count all cross pairs between posA and posB Returns raw (un-normalized) weighted counts per bin. """ posA = np.asarray(posA, float) posB = np.asarray(posB, float) bins = np.asarray(bins, float) nb = len(bins) - 1 L = float(boxsize) if wA is None: wA = np.ones(len(posA), float) if wB is None: wB = np.ones(len(posB), float) wA = np.asarray(wA, float) wB = np.asarray(wB, float) counts = np.zeros(nb, float) if autocorr: N = len(posA) for i0 in range(0, N, chunk): i1 = min(N, i0 + chunk) A = posA[i0:i1] wAi = wA[i0:i1] # distances from A to ALL posA (periodic) d = A[:, None, :] - posA[None, :, :] d -= L * np.round(d / L) r = np.sqrt(np.sum(d * d, axis=2)) W = wAi[:, None] * wA[None, :] # accumulate only i<j for ii in range(i1 - i0): j_start = i0 + ii + 1 if j_start >= N: continue rr = r[ii, j_start:] ww = W[ii, j_start:] hist, _ = np.histogram(rr, bins=bins, weights=ww) counts += hist return counts else: NA = len(posA) for i0 in range(0, NA, chunk): i1 = min(NA, i0 + chunk) A = posA[i0:i1] wAi = wA[i0:i1] d = A[:, None, :] - posB[None, :, :] d -= L * np.round(d / L) r = np.sqrt(np.sum(d * d, axis=2)) W = wAi[:, None] * wB[None, :] hist, _ = np.histogram(r, bins=bins, weights=W) counts += hist return counts def landy_szalay_xi(DD_raw, DR_raw, RR_raw, nD, nR): """ Properly normalized Landy–Szalay estimator: DD = DD_raw / [nD (nD-1)/2] DR = DR_raw / [nD nR] RR = RR_raw / [nR (nR-1)/2] xi = (DD - 2 DR + RR) / RR """ DD = DD_raw / (nD * (nD - 1) / 2.0) DR = DR_raw / (nD * nR) RR = RR_raw / (nR * (nR - 1) / 2.0) return (DD - 2 * DR + RR) / np.maximum(RR, 1e-30) # ========================================== # 2) EPD-style dilation field + resampling # ========================================== def gaussian_seed_field(pos, seeds, boxsize, sigma): """ phi(x) = sum_k exp(-||x-seed_k||^2/(2 sigma^2)) with periodic distances. Always nonnegative. """ pos = np.asarray(pos, float) seeds = np.asarray(seeds, float) L = float(boxsize) d = pos[:, None, :] - seeds[None, :, :] d -= L * np.round(d / L) r2 = np.sum(d * d, axis=2) phi = np.exp(-0.5 * r2 / (sigma ** 2)).sum(axis=1) return phi def epd_resample_catalog(pos0, phi, lam, rng): """ Importance-resampling version of discrete EPD on an empirical measure: weights ∝ D(x)=exp(lam * phi(x)) resample points with prob ∝ weights """ logw = lam * phi logw -= np.max(logw) # stabilize w = np.exp(logw) # strictly positive p = w / w.sum() idx = rng.choice(len(pos0), size=len(pos0), replace=True, p=p) return pos0[idx] # ========================================== # 3) Load real xi0(r) for reference (BOSS) # ========================================== # NOTE: Set this path to wherever you saved the file locally. # The example below matches the earlier DR11 multipoles file name. path = "samushia_2013_CMASSDR11_xi_multipoles.dat" vals = np.loadtxt(path) xi_obs = vals[:16] # monopole xi0 # BOSS bins: edges 24..152 step 8 => centers 28..148 bins = np.arange(24, 152 + 8, 8) r_centers = (bins[:-1] + bins[1:]) / 2 # ========================================== # 4) Build baseline mock + randoms (periodic box) # ========================================== rng = np.random.default_rng(7) boxsize = 200.0 N_data0 = 1400 N_rand = 4500 pos0 = rng.uniform(0, boxsize, size=(N_data0, 3)) posR = rng.uniform(0, boxsize, size=(N_rand, 3)) # Precompute RR once (random-random doesn't change during grid search) RR = pair_counts_weighted(posR, posR, bins, boxsize, autocorr=True, chunk=512) # ========================================== # 5) Define seed locations (kept fixed during tuning) # ========================================== K = 12 seeds = rng.uniform(0, boxsize, size=(K, 3)) # ========================================== # 6) Objective: simple "success" on small-r bins # ========================================== def mse_on_bins(xi_model, xi_target, r_centers, rmax=60.0): """ Mean squared error over bins with r <= rmax (simple success criterion). """ m = r_centers <= rmax return float(np.mean((xi_model[m] - xi_target[m]) ** 2)) # ========================================== # 7) Mini-grid search over (lambda, sigma) # ========================================== sigmas = [6.0, 8.0, 10.0, 12.0, 15.0] # seed width (correlation length scale) lams = [0.5, 1.0, 2.0, 3.0, 4.0, 5.0] # dilation strength best = None # Baseline xi (should be ~0) DD0 = pair_counts_weighted(pos0, pos0, bins, boxsize, autocorr=True, chunk=512) DR0 = pair_counts_weighted(pos0, posR, bins, boxsize, autocorr=False, chunk=512) xi_base = landy_szalay_xi(DD0, DR0, RR, nD=len(pos0), nR=len(posR)) for sigma in sigmas: phi = gaussian_seed_field(pos0, seeds, boxsize, sigma) for lam in lams: pos1 = epd_resample_catalog(pos0, phi, lam, rng) DD1 = pair_counts_weighted(pos1, pos1, bins, boxsize, autocorr=True, chunk=512) DR1 = pair_counts_weighted(pos1, posR, bins, boxsize, autocorr=False, chunk=512) xi_epd = landy_szalay_xi(DD1, DR1, RR, nD=len(pos1), nR=len(posR)) score = mse_on_bins(xi_epd, xi_obs, r_centers, rmax=60.0) if best is None or score < best[0]: best = (score, sigma, lam, xi_epd) best_score, best_sigma, best_lam, xi_best = best # ========================================== # 8) Plot baseline vs best EPD vs observed # ========================================== plt.figure() plt.plot(r_centers, xi_base, marker='o', label="Mock baseline (uniform Poisson)") plt.plot(r_centers, xi_best, marker='o', label=f"Best EPD-resampled (sigma={best_sigma}, lambda={best_lam})") plt.plot(r_centers, xi_obs, marker='o', linestyle='--', label="Observed BOSS DR11 ξ₀(r) (reference)") plt.axhline(0, linewidth=1) plt.xlabel("r [Mpc/h]") plt.ylabel("ξ(r) (monopole estimate)") plt.title("EPD reweighting of mock catalogs: mini-grid tuning (toy demonstration)") plt.legend() plt.show() print("=== Mini-grid search result ===") print(f"Best score (MSE on r<=60): {best_score:.6e}") print(f"Best sigma: {best_sigma} Best lambda: {best_lam}") </syntaxhighlight> '''How to run:''' download the BOSS multipoles text file to your computer and set <code>path</code> in the script to that local filename. Then run the script in Python (NumPy + Matplotlib required). The baseline curve should lie near <math>\xi\approx 0</math>, while the EPD-resampled mock typically shows positive small-scale clustering. = Scope and limitations = EPD is a mathematical framework for measure transformations. It does not claim: * a replacement theory for GR/QM, * empirical confirmation without explicit predictions and tests. = Future directions = * develop canonical families of dilation fields and invariants, * clarify “structure-from-measure” diagnostics, * publish reproducible simulation notebooks and parameter sweeps, * compare multiple dilation families under shared evaluation criteria. = See also = * [[w:Buffon's needle problem|Buffon's needle problem]] * [[w:Probability measure|Probability measure]] * [[w:Cosmological principle|Cosmological principle]] * [[w:Holographic principle|Holographic principle]] * [[w:Fractal geometry|Fractal geometry]] * [[w:Quantum field theory|Quantum field theory]] * [[w:Langlands program|Langlands program]] = References = ==== Probability / measure theory ==== * [[w:Measure (mathematics)|Measure (mathematics)]] * [[w:Radon–Nikodym theorem|Radon–Nikodym theorem]] * [[w:Probability theory|Probability theory]] ==== Computing / simulation ==== * [[w:Monte Carlo method|Monte Carlo method]] * [[w:Importance sampling|Importance sampling]] == Copyright and licensing == This Wikiversity page is authored by Howard Richardson. Please attribute appropriately when reusing or adapting this material. Earlier and related versions may also be available on OSF and arXiv under the licenses stated on those platforms. Where multiple versions exist, the license shown on the specific platform/version governs reuse of that version. 4semqs0mj6sn1sdfi32m4ocwqjqe5zo 2809410 2809403 2026-05-15T01:50:49Z ~2026-29151-70 3075843 Fix math tag formatting in Lorentz dilation section 2809410 wikitext text/x-wiki {{Research project}} {{To be peer reviewed}} = Einstein Probability Dilation (EPD) = == Research abstract == '''Einstein Probability Dilation (EPD)''' is a measure-theoretic research framework for studying how probability measures transform under '''positive reweighting (dilation)''' while preserving normalization and producing controlled changes in expectation values. EPD treats a probability measure as the primary mathematical object and investigates: * invariant identities induced by reweighting, * composition and iteration of dilations, * fixed points and near-fixed behavior, * whether iterative measure updates can generate testable multiscale statistical structure (to be evaluated via explicit models and simulations). EPD is presented as a mathematical framework. Any proposed application to physics or cosmology must be expressed as a concrete model (space, baseline measure, dilation field) and tested against falsifiable predictions. == Overview == EPD is motivated by the observation that some structural information can be recovered from sampling statistics (e.g., [[w:Buffon's needle problem|Buffon’s needle]]). EPD abstracts this idea by focusing on measure transformation itself: a dilation field modifies a baseline probability measure in a way that is: * mathematically well-defined (positivity and normalization), * composable under iteration, * analyzable for invariants and fixed points. = Mathematical framework = == Definitions and notation == Let <math>(\Omega,\Sigma)</math> be a measurable space. * <math>P</math> denotes a probability measure on <math>(\Omega,\Sigma)</math>. * If <math>P</math> has a density <math>p</math> with respect to a reference measure <math>\mu</math>, then <math>dP=p\,d\mu</math>. * <math>D:\Omega\to(0,\infty)</math> is a measurable '''dilation field''' (a positive weight function). * <math>Z(P,D)</math> is the normalization constant: <math>Z(P,D)=\int_\Omega D\,dP</math>. * For an observable <math>f:\Omega\to\mathbb{R}</math> integrable under the relevant measure, <math>\mathbb{E}_P[f]=\int_\Omega f\,dP</math>. == Probability dilation (reweighting) == Given <math>P</math> and <math>D</math> with <math>0<Z(P,D)<\infty</math>, define the '''EPD transform''' <math>\widetilde{P}=\mathrm{EPD}(P;D)</math> by: <math>\widetilde{P}(A)=\frac{\int_A D\,dP}{\int_\Omega D\,dP}\quad\text{for all }A\in\Sigma.</math> If <math>dP=p\,d\mu</math>, then <math>d\widetilde{P}=\widetilde{p}\,d\mu</math> where <math>\widetilde{p}(x)=\frac{D(x)\,p(x)}{Z},\quad Z=\int_\Omega D(x)\,p(x)\,d\mu.</math> '''Interpretation:''' the dilation field <math>D</math> shifts probability mass toward regions where <math>D</math> is larger, while renormalization keeps total probability equal to 1. == Example: Lorentz contraction as a positive dilation field == A familiar physical example of a strictly positive factor is the Lorentz factor: <math>\gamma(v)=\frac{1}{\sqrt{1-\frac{v^2}{c^2}}}\quad\text{for } |v| < c.</math> Lorentz contraction for a rod of rest length <math>L_0</math> moving at speed <math>v</math> is: <math>L(v)=\frac{L_0}{\gamma(v)}.</math> To connect this idea to EPD (as an illustration only), one may define a positive dilation field based on <math>\gamma</math>, for instance: * <math>D(x)=\gamma(x)</math> (weights states by increasing <math>\gamma</math>), or * <math>D(x)=\frac{1}{\gamma(x)}</math> (weights states by decreasing <math>\gamma</math>), provided <math>D(x)</math> is strictly positive over the model’s domain and <math>0<\int_\Omega D\,dP<\infty</math>. This example is included purely to illustrate “positive dilation”; it is not presented as a cosmological model. === Buffon sampling, the constant \pi, and a Lorentz-induced dilation factor (toy) === This brief example shows how <math>\pi</math> naturally appears from sampling geometry (Buffon’s needle) and how inserting Lorentz contraction into the sampled length produces a strictly positive, dimensionless candidate dilation field. This is included for mathematical intuition; it is not claimed as a physical derivation. For the classical [[w:Buffon's needle problem|Buffon needle problem]] with needle length <math>L\le d</math> and line spacing <math>d</math>, the crossing probability is: <math>P_{\mathrm{cross}}(L;d)=\frac{2L}{\pi d}.</math> If a rest-length <math>L_0</math> undergoes Lorentz contraction <math>L(v)=L_0/\gamma(v)</math> for <math>|v| < c</math>, then the same form gives: <math>P_{\mathrm{cross}}(v)=\frac{2L_0}{\pi d\,\gamma(v)}.</math> Normalizing to the rest case yields a dimensionless sampling ratio: <math>D_{\pi}(v):=\frac{P_{\mathrm{cross}}(v)}{P_{\mathrm{cross}}(0)}=\frac{1}{\gamma(v)}=\sqrt{1-\frac{v^2}{c^2}}.</math> This <math>D_{\pi}(v)</math> is strictly positive on the domain <math>|v| < c</math> and can be used (illustratively) as a dilation field in the EPD transform: <math>\widetilde{P}(A)=\frac{\int_A D_{\pi}(v)\,dP}{\int_\Omega D_{\pi}(v)\,dP}.</math> == Theorem-style mathematics expansion == === Definition (EPD reweighting operator) === Let <math>P</math> be a probability measure on <math>(\Omega,\Sigma)</math> and <math>D:\Omega\to(0,\infty)</math> measurable with <math>0<\int_\Omega D\,dP<\infty</math>. Define <math>\mathrm{EPD}(P;D)=\widetilde{P}</math> by: <math>\widetilde{P}(A)=\frac{\int_A D\,dP}{\int_\Omega D\,dP}.</math> === Theorem 1 (Normalization and positivity) === <math>\widetilde{P}</math> is a probability measure. In particular: # <math>\widetilde{P}(A)\ge 0</math> for all measurable <math>A</math>, # <math>\widetilde{P}(\Omega)=1</math>, # If <math>P(A)=0</math> then <math>\widetilde{P}(A)=0</math> (absolute continuity preserved). === Theorem 2 (Expectation reweighting identity) === If <math>f</math> is integrable under <math>\widetilde{P}</math>, then <math>\mathbb{E}_{\widetilde{P}}[f]=\frac{\mathbb{E}_P[D\,f]}{\mathbb{E}_P[D]}.</math> === Theorem 3 (Composition / iteration rule) === Let <math>\widetilde{P}=\mathrm{EPD}(P;D_1)</math> and <math>\widehat{P}=\mathrm{EPD}(\widetilde{P};D_2)</math>. Then <math>\widehat{P}=\mathrm{EPD}(P;D_1D_2)</math> provided <math>\int_\Omega D_1D_2\,dP</math> is finite and nonzero. === Theorem 4 (Fixed-point condition) === <math>P</math> is a fixed point of EPD under dilation <math>D</math> (i.e., <math>\mathrm{EPD}(P;D)=P</math>) if and only if <math>D</math> is constant <math>P</math>-almost everywhere. == Invariant quantities == EPD naturally highlights quantities that are invariant (or transform in controlled ways) under reweighting, including: * ratios of expectations of the form <math>\mathbb{E}_P[D f]/\mathbb{E}_P[D]</math>, * equivalence classes of observables that remain unchanged under specific families of dilations, * fixed-point structure (trivial dilations) and near-fixed behavior (small perturbations). = Core axioms of Einstein Probability Dilation = === Axiom 1 — Probability primacy === Probability measures are treated as primary mathematical objects; structure is inferred from invariant properties of measure transformations. === Axiom 2 — Positive dilation === Dilation fields are positive (<math>D</math> is strictly positive) so that reweighting preserves positivity and supports a consistent normalization constant. === Axiom 3 — Iterative composability === Successive dilations compose multiplicatively (<math>D_1D_2</math>), enabling multi-step (iterative) dynamics on measures. = Falsifiability conditions = A proposed EPD-based model should specify: * the configuration space <math>\Omega</math>, * a baseline measure <math>P</math>, * an explicit dilation field <math>D</math> (with parameters and domain), * measurable predictions (statistics, scaling laws, invariants) that can be checked against simulation or data, * a baseline comparison (null model) and evaluation criteria (error measures, goodness-of-fit, or hypothesis tests). '''Concrete falsifiability test (clustering example):''' Choose a baseline mock galaxy catalog (configuration space <math>\Omega</math>), define an explicit strictly positive dilation field <math>D(x)=\exp(\lambda\,\phi(x))</math>, apply EPD-style reweighting (e.g., importance resampling of the empirical measure), and compute the resulting two-point correlation function <math>\xi(r)</math> using a standard estimator (e.g., normalized Landy–Szalay). Define a quantitative success metric (for example, mean-squared error between modeled and observed <math>\xi(r)</math> over specified separation bins such as <math>r\le 60\,\mathrm{Mpc}/h</math>). The model is falsified if no parameter choices within the stated domain can meet the pre-registered threshold under the chosen metric, or if the fit fails out-of-sample on withheld bins. = Numerical simulation and iterative models = == Simulation model description == In discrete demonstrations, the “state space” may be a finite set (e.g., bins, configurations, or catalog points), and the probability measure <math>P</math> may be represented as a probability vector (or an empirical measure) over those states. Two equivalent discrete implementations are common: * '''weighted evaluation''': keep all points and carry weights proportional to <math>D</math>, or * '''importance resampling''': draw a new empirical catalog with sampling probabilities proportional to <math>D</math>. === Demonstration: reweighting mock galaxy catalogs and comparing \xi(r) === This demonstration connects the EPD reweighting idea to a standard observable in large-scale structure: the (monopole) two-point correlation function <math>\xi(r)</math>. The goal here is not a precision cosmology fit, but a clean, falsifiable pipeline: # generate a baseline mock galaxy catalog in a periodic box (approximately unclustered), # define a strictly positive dilation field <math>D(x)=\exp(\lambda\,\phi(x))</math> over galaxy positions, # perform EPD-style importance resampling to obtain a reweighted (clustered) mock catalog, # measure <math>\xi(r)</math> using the properly normalized Landy–Szalay estimator, # tune a small mini-grid over <math>(\sigma,\lambda)</math> to minimize a simple mismatch score on small scales. ==== Key definitions ==== * Dilation field: <math>D(x)=\exp(\lambda\,\phi(x))</math>, with <math>\lambda > 0</math> and <math>\phi(x)\ge 0</math>. * Example potential: <math>\phi(x)=\sum_k \exp\!\left(-\|x-s_k\|^2/(2\sigma^2)\right)</math> using seed points <math>s_k</math>. * Landy–Szalay estimator (normalized counts): <math>\xi(r)=\frac{DD(r)-2DR(r)+RR(r)}{RR(r)}</math>, where <math>DD,DR,RR</math> are pair counts normalized by the total number of possible pairs in each catalog. <syntaxhighlight lang="python"> import numpy as np import matplotlib.pyplot as plt # ========================================== # 1) Pair-counting with periodic boundaries # ========================================== def pair_counts_weighted(posA, posB, bins, boxsize, wA=None, wB=None, autocorr=False, chunk=512): """ Weighted pair counts in radial bins with periodic boundary conditions. - autocorr=True: count unique pairs i<j within posA - autocorr=False: count all cross pairs between posA and posB Returns raw (un-normalized) weighted counts per bin. """ posA = np.asarray(posA, float) posB = np.asarray(posB, float) bins = np.asarray(bins, float) nb = len(bins) - 1 L = float(boxsize) if wA is None: wA = np.ones(len(posA), float) if wB is None: wB = np.ones(len(posB), float) wA = np.asarray(wA, float) wB = np.asarray(wB, float) counts = np.zeros(nb, float) if autocorr: N = len(posA) for i0 in range(0, N, chunk): i1 = min(N, i0 + chunk) A = posA[i0:i1] wAi = wA[i0:i1] # distances from A to ALL posA (periodic) d = A[:, None, :] - posA[None, :, :] d -= L * np.round(d / L) r = np.sqrt(np.sum(d * d, axis=2)) W = wAi[:, None] * wA[None, :] # accumulate only i<j for ii in range(i1 - i0): j_start = i0 + ii + 1 if j_start >= N: continue rr = r[ii, j_start:] ww = W[ii, j_start:] hist, _ = np.histogram(rr, bins=bins, weights=ww) counts += hist return counts else: NA = len(posA) for i0 in range(0, NA, chunk): i1 = min(NA, i0 + chunk) A = posA[i0:i1] wAi = wA[i0:i1] d = A[:, None, :] - posB[None, :, :] d -= L * np.round(d / L) r = np.sqrt(np.sum(d * d, axis=2)) W = wAi[:, None] * wB[None, :] hist, _ = np.histogram(r, bins=bins, weights=W) counts += hist return counts def landy_szalay_xi(DD_raw, DR_raw, RR_raw, nD, nR): """ Properly normalized Landy–Szalay estimator: DD = DD_raw / [nD (nD-1)/2] DR = DR_raw / [nD nR] RR = RR_raw / [nR (nR-1)/2] xi = (DD - 2 DR + RR) / RR """ DD = DD_raw / (nD * (nD - 1) / 2.0) DR = DR_raw / (nD * nR) RR = RR_raw / (nR * (nR - 1) / 2.0) return (DD - 2 * DR + RR) / np.maximum(RR, 1e-30) # ========================================== # 2) EPD-style dilation field + resampling # ========================================== def gaussian_seed_field(pos, seeds, boxsize, sigma): """ phi(x) = sum_k exp(-||x-seed_k||^2/(2 sigma^2)) with periodic distances. Always nonnegative. """ pos = np.asarray(pos, float) seeds = np.asarray(seeds, float) L = float(boxsize) d = pos[:, None, :] - seeds[None, :, :] d -= L * np.round(d / L) r2 = np.sum(d * d, axis=2) phi = np.exp(-0.5 * r2 / (sigma ** 2)).sum(axis=1) return phi def epd_resample_catalog(pos0, phi, lam, rng): """ Importance-resampling version of discrete EPD on an empirical measure: weights ∝ D(x)=exp(lam * phi(x)) resample points with prob ∝ weights """ logw = lam * phi logw -= np.max(logw) # stabilize w = np.exp(logw) # strictly positive p = w / w.sum() idx = rng.choice(len(pos0), size=len(pos0), replace=True, p=p) return pos0[idx] # ========================================== # 3) Load real xi0(r) for reference (BOSS) # ========================================== # NOTE: Set this path to wherever you saved the file locally. # The example below matches the earlier DR11 multipoles file name. path = "samushia_2013_CMASSDR11_xi_multipoles.dat" vals = np.loadtxt(path) xi_obs = vals[:16] # monopole xi0 # BOSS bins: edges 24..152 step 8 => centers 28..148 bins = np.arange(24, 152 + 8, 8) r_centers = (bins[:-1] + bins[1:]) / 2 # ========================================== # 4) Build baseline mock + randoms (periodic box) # ========================================== rng = np.random.default_rng(7) boxsize = 200.0 N_data0 = 1400 N_rand = 4500 pos0 = rng.uniform(0, boxsize, size=(N_data0, 3)) posR = rng.uniform(0, boxsize, size=(N_rand, 3)) # Precompute RR once (random-random doesn't change during grid search) RR = pair_counts_weighted(posR, posR, bins, boxsize, autocorr=True, chunk=512) # ========================================== # 5) Define seed locations (kept fixed during tuning) # ========================================== K = 12 seeds = rng.uniform(0, boxsize, size=(K, 3)) # ========================================== # 6) Objective: simple "success" on small-r bins # ========================================== def mse_on_bins(xi_model, xi_target, r_centers, rmax=60.0): """ Mean squared error over bins with r <= rmax (simple success criterion). """ m = r_centers <= rmax return float(np.mean((xi_model[m] - xi_target[m]) ** 2)) # ========================================== # 7) Mini-grid search over (lambda, sigma) # ========================================== sigmas = [6.0, 8.0, 10.0, 12.0, 15.0] # seed width (correlation length scale) lams = [0.5, 1.0, 2.0, 3.0, 4.0, 5.0] # dilation strength best = None # Baseline xi (should be ~0) DD0 = pair_counts_weighted(pos0, pos0, bins, boxsize, autocorr=True, chunk=512) DR0 = pair_counts_weighted(pos0, posR, bins, boxsize, autocorr=False, chunk=512) xi_base = landy_szalay_xi(DD0, DR0, RR, nD=len(pos0), nR=len(posR)) for sigma in sigmas: phi = gaussian_seed_field(pos0, seeds, boxsize, sigma) for lam in lams: pos1 = epd_resample_catalog(pos0, phi, lam, rng) DD1 = pair_counts_weighted(pos1, pos1, bins, boxsize, autocorr=True, chunk=512) DR1 = pair_counts_weighted(pos1, posR, bins, boxsize, autocorr=False, chunk=512) xi_epd = landy_szalay_xi(DD1, DR1, RR, nD=len(pos1), nR=len(posR)) score = mse_on_bins(xi_epd, xi_obs, r_centers, rmax=60.0) if best is None or score < best[0]: best = (score, sigma, lam, xi_epd) best_score, best_sigma, best_lam, xi_best = best # ========================================== # 8) Plot baseline vs best EPD vs observed # ========================================== plt.figure() plt.plot(r_centers, xi_base, marker='o', label="Mock baseline (uniform Poisson)") plt.plot(r_centers, xi_best, marker='o', label=f"Best EPD-resampled (sigma={best_sigma}, lambda={best_lam})") plt.plot(r_centers, xi_obs, marker='o', linestyle='--', label="Observed BOSS DR11 ξ₀(r) (reference)") plt.axhline(0, linewidth=1) plt.xlabel("r [Mpc/h]") plt.ylabel("ξ(r) (monopole estimate)") plt.title("EPD reweighting of mock catalogs: mini-grid tuning (toy demonstration)") plt.legend() plt.show() print("=== Mini-grid search result ===") print(f"Best score (MSE on r<=60): {best_score:.6e}") print(f"Best sigma: {best_sigma} Best lambda: {best_lam}") </syntaxhighlight> '''How to run:''' download the BOSS multipoles text file to your computer and set <code>path</code> in the script to that local filename. Then run the script in Python (NumPy + Matplotlib required). The baseline curve should lie near <math>\xi\approx 0</math>, while the EPD-resampled mock typically shows positive small-scale clustering. = Scope and limitations = EPD is a mathematical framework for measure transformations. It does not claim: * a replacement theory for GR/QM, * empirical confirmation without explicit predictions and tests. = Future directions = * develop canonical families of dilation fields and invariants, * clarify “structure-from-measure” diagnostics, * publish reproducible simulation notebooks and parameter sweeps, * compare multiple dilation families under shared evaluation criteria. = See also = * [[w:Buffon's needle problem|Buffon's needle problem]] * [[w:Probability measure|Probability measure]] * [[w:Cosmological principle|Cosmological principle]] * [[w:Holographic principle|Holographic principle]] * [[w:Fractal geometry|Fractal geometry]] * [[w:Quantum field theory|Quantum field theory]] * [[w:Langlands program|Langlands program]] = References = ==== Probability / measure theory ==== * [[w:Measure (mathematics)|Measure (mathematics)]] * [[w:Radon–Nikodym theorem|Radon–Nikodym theorem]] * [[w:Probability theory|Probability theory]] ==== Computing / simulation ==== * [[w:Monte Carlo method|Monte Carlo method]] * [[w:Importance sampling|Importance sampling]] == Copyright and licensing == This Wikiversity page is authored by Howard Richardson. Please attribute appropriately when reusing or adapting this material. Earlier and related versions may also be available on OSF and arXiv under the licenses stated on those platforms. Where multiple versions exist, the license shown on the specific platform/version governs reuse of that version. juwekks4a0w9ae1mdtvlaw8pneecr2f Concept 0 324316 2809194 2780780 2026-05-14T15:25:51Z ~2026-29080-67 3075555 /* */ 2809194 wikitext text/x-wiki ''This is not a topic page.'' ==Resources== Resources on concept: * [[One man's look at concept]] ==Further reading== * {{W|Concept}}, wikipedia.org <!-- TBD: add some great FR: Britannica, SEP, etc. --> [[Category:Philosophy]] ls01hibh0ajx0h2oeoja2fg23ixza89 Introduction to solar energy 0 324869 2809336 2807487 2026-05-14T21:54:00Z IanVG 2918363 added simple equation 2809336 wikitext text/x-wiki This will be a course on solar energy. This course will cover solar energy and applications in solar photovoltaic, solar thermal and hybrid systems. This course is part of the [[solar energy]] topic. Some of the learning objectives in this course are: * Understanding solar resources and availability * Understanding radiation as far as it relates to harvesting solar power * Understanding optics as it relates to solar power collection and conversion == Chapters == # [[Introduction to solar energy/Introduction|Introduction]] # [[Introduction to solar energy/Solar resources and availability|Solar resources and availability]] == Exercises == # [[Introduction to solar energy/Solar resources and availability quizbank 1|Solar resources and availability quizbank 1]] == External resources == * [https://sites.engineering.ucsb.edu/~bennett/heatlib/rad/view/index.html View factor programs] == Unorganized equations == Useful thermal heat output: <math>\dot{q''_u} = \frac {\dot {m_f} \cdot C_{p,f} \cdot (T_{f,leaving} - T_{f,entering})}{A}</math> [[Category:Solar energy]] cfbb0m033d3tvysifxjramlc2sjqox7 2809337 2809336 2026-05-14T21:55:25Z IanVG 2918363 2809337 wikitext text/x-wiki This will be a course on solar energy. This course will cover solar energy and applications in solar photovoltaic, solar thermal and hybrid systems. This course is part of the [[solar energy]] topic. Some of the learning objectives in this course are: * Understanding solar resources and availability * Understanding radiation as far as it relates to harvesting solar power * Understanding optics as it relates to solar power collection and conversion == Chapters == # [[Introduction to solar energy/Introduction|Introduction]] # [[Introduction to solar energy/Solar resources and availability|Solar resources and availability]] == Exercises == # [[Introduction to solar energy/Solar resources and availability quizbank 1|Solar resources and availability quizbank 1]] == External resources == * [https://sites.engineering.ucsb.edu/~bennett/heatlib/rad/view/index.html View factor programs] == Unorganized equations == Useful thermal heat output: <math>\dot{q''_u} = \frac {\dot {m_f} \cdot C_{p,f} \cdot (T_{f,leaving} - T_{f,entering})}{A}</math> Fill Factor is the ratio of the maximum power to the product of open-circuit voltage and short-circuit current: <math>FF=\frac {P_{max}}{V_{oc}\cdot {I_{sc}}}</math> [[Category:Solar energy]] rv732f5blxduu0djjmvee9vt7jwbgxw Talk:Maritime Health Research and Education-NET/th/BACKGROUND - เปิด 1 325527 2809174 2770166 2026-05-14T13:50:28Z Saltrabook 1417466 /* Purpose of Page */ Reply 2809174 wikitext text/x-wiki == Purpose of Page == Hi {{ping|Saltrabook}} what is the intent of this page? There's no link to this page either. Thanks. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 18:20, 14 November 2025 (UTC) :we are an international group of medical researchers in preventing prediabetes, diabetes mellitus and cardiovaskular heart- and diseases. The maritime health research has been closed and now we only work in the diabetes and the cadiovaskular area (Saltrabook greetings) [[User:Saltrabook|Saltrabook]] ([[User talk:Saltrabook|discusión]] • [[Special:Contributions/Saltrabook|contribs.]]) 13:50, 14 May 2026 (UTC) c1zb4fi0ubm1x3wdg07rppc152amxg2 2809175 2809174 2026-05-14T13:52:37Z Saltrabook 1417466 /* Purpose of Page */ Reply 2809175 wikitext text/x-wiki == Purpose of Page == Hi {{ping|Saltrabook}} what is the intent of this page? There's no link to this page either. Thanks. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 18:20, 14 November 2025 (UTC) :we are an international group of medical researchers in preventing prediabetes, diabetes mellitus and cardiovaskular heart- and diseases. The maritime health research has been closed and now we only work in the diabetes and the cadiovaskular area (Saltrabook greetings) [[User:Saltrabook|Saltrabook]] ([[User talk:Saltrabook|discusión]] • [[Special:Contributions/Saltrabook|contribs.]]) 13:50, 14 May 2026 (UTC) ::Reason for this : The Maritime Health research is not the main function any longer institute in Esbjerg, Denmark and the international research centre in Cardif, have been closed. The health research in the maritime specific areas is now done in other Public Health Institutes (Saltrabook) [[User:Saltrabook|Saltrabook]] ([[User talk:Saltrabook|discusión]] • [[Special:Contributions/Saltrabook|contribs.]]) 13:52, 14 May 2026 (UTC) poqmel7olzx6pjrhakrnridd2wxn74z Media Literacy and You 0 327555 2809432 2807549 2026-05-15T05:52:58Z DavidMCEddy 218607 wdsmth 2809432 wikitext text/x-wiki [[File:Pharoah - James VI and I - Trump.png|thumb|Religious and media leaders from the time of the Pharaohs convinced common folk to give increasing shares of what they produced to elites.]] :''This book uses dates in [[:w:ISO 8601|ISO 8601]], YYYY-MM-DD, when convenient.'' == Invitation to edit this book == You, dear reader, are invited to contribute questions, ideas and citations to support or refute claims made in this book possibly adding chapters. Wikiversity like other Wikimedia Foundation Projects invites humans to [[w:Wikipedia:Be bold|“be bold but not reckless,”]] while writing from a [[Wikiversity:Disclosures|neutral point of view]], [[Wikiversity:Cite sources|citing credible sources]]. Others are invited to change or revert what you wrote. What stays tends to be written from a neutral point of view citing credible sources. If someone reverts your edit or you have a question, take it to the ''[[Wikiversity:FAQ|''''“Discuss”'''' page]]'' associated with the specific Wikiversity page most related to your concerns. Those who teach media literacy are encouraged to invite their students to debate and revise the contents of this book. Doing so would build on a tradition of [[:w:Wikipedia:Student assignments|instructors requiring students to edit wikipedia article(s).]] Editing [[:w:Wikipedia|Wikipedia]] and other [[:w:Wikimedia Foundation|Wikimedia Foundation]] projects like this book is itself an exercise in media literacy: :''Central tenets of media literacy include writing from a neutral point of view citing credible sources and engaging others, some of whom may disagree, in civil, supportive conversations about what can and cannot be said based on a reasonable evaluation of the available evidence. Wikimedia rules invite contributors to do just that, encouraging them to “be bold but not reckless,” contributing revisions written from a neutral point of view, citing credible sources -- and raising other questions and concerns on the ''''“Discuss”'''' page associated with the specific Wikiversity page most related to your concerns, as mentioned above.'' == Text and self-help book and point of discuss == This book is intended both as a text and self-help book and as a point of discussion on media literacy from three perspectives: :1. Passive media literacy, which is helping individuals understand the importance of looking for information that might contradict one's preconceptions (including suggestions on how to find alternative source of information). This suggests a need for ''disconfirmation bias'' to overcome the [[w:confirmation bias|confirmation bias]] that is a problematic feature of human psychology exploited by the major media, including for-profit social media, to please those who control most of their money. :2. Proactive media literacy, which is helping individuals learn how to engage others in open, non-threatening and supportive conversations to share concerns, compare sources of information, and build relationships in which different humans can collaborate productively on areas on of common concern while agreeing to disagree agreeable where they differ. :3. Active media literacy, by which students of media literacy educate others on media literacy. If each one teaches two<ref>"[[:w:Each one teach one|Each one teach one]]" is an African-American proverb from the time of legalized slavery. However, if each one teaches only one, the growth in literacy will only be linear. Having "each one teaching two", on average, unleashes the power of doubling and [[:w:exponential growth|exponential growth]], which has the potential of educating the entirety of humanity in a reasonable period of time -- namely after 33 doublings starting from one.</ref> in a certain period of time, that time period becomes a [[:w:Doubling time|doubling time]]. Ten doublings is a thousand -- actually 1,024 to be precise.<ref>2 time 2 = 4 times 2 = 8 times 2 = 16 times 2 = 32 times 2 = 64 times 2 = 128 times 2 = 256 times 2 = 512 times 2 = 1024: That's 10 doublings, as anyone with a modest understanding of modern digital [[:w:computer|computer]]s will tell you.</ref> Twenty doublings become a million. Thirty doublings become a billion. Three more doublings become 8 billion, the [[:w:World population|world population]] as of approximately 2022-11-15.<ref>This book uses dates in [[:w:ISO 8601|ISO 8601]], YYYY-MM-DD, when convenient.</ref> Many organizations, including several United Nations agencies, already have active [[w:media literacy|media literacy]] programs that have already trained many.<ref>''[[Wikibooks:Antiracist Activism for Teachers and Students]]'' includes a chapter on [[Wikibooks:Antiracist Activism for Teachers and Students/Points to Consider for Teaching Anti-racism/Media Literacy In Schools|Media Literacy In Schools]].</ref> This book is being written hoping to increase the effectiveness and accelerate the rate of growth in media literacy and thereby accelerate progress against many of the most pressing issues facing humanity today. Much of this book is a [[w:Monograph|research monograph]] summarizing research that seems to have been underreported by the major media to avoid offending people who control most of the money for the media. These research results seem to be central to major political divisions. Each chapter ends in exercises to help the reader practice media literacy skills and have fun doing it. Remember: :''I am entitled to my [[Wiktionary:cockamamie|cockamamie]] ideas, and you are entitled to yours.'' Humor is important but must be offered in a way that does not offend others. If others are offended, they may be less interested in dialogue. The term "cockamamie" is used here, hoping that this style of [[w:Self-deprecation|self-deprecation]] might be more inviting for dialogue. ''Never say, "You're wrong, and I'm right!" instead, ask, "May I offer a contrary perspective?" Or "May I share with you another view that I've heard?" '' Much of the information in this book seems to have been largely overlooked and perhaps suppressed, apparently because it would increase the cost of producing news, some of which would clearly offend people who control much of the money for the media; see the brief discussion of conflicts of interest by the major media in the next "Key claims" section. ==Key claims== * ''Primary drivers of every major conflict include differences between the media that the different parties find credible''. :-- This works, because everything we think we know is coded in systems of connections between neurons in our brains. These systems are more unique than fingerprints and evolve over time. The words we use do not mean the same to two different humans nor even to the same human at different points in time. In many cases these differences are inconsequential. ''Sometimes they are fatal.''<ref>Graves and Bailey (2026).</ref> :-- ''[[w:Social constructionism|Show me someone who knows the truth]], and I will show you someone who is dangerous'' -- especially during war or any other situation where humans may be moved to violence mandated by their belief system.<ref>[[w:Collateral damage|Collateral damage]] that "they" commit proves to "us" that "they" are subhuman or at best criminally misled and must be resisted by any means necessary. By contrast, collateral damage that "we" commit is unfortunate but necessary.</ref> * The major media everywhere have [[w:Conflict of interest|conflicts of interest ]] in honestly reporting on [[v:Information is a public good per communications prof Pickard|anything that might offend anyone who controls large portions of the money for the media]].<ref>Pickard and Graves (2025), accessed 2026-02-08; Pickard (2020).</ref> [[v:Media Reform Coalition challenges anti-democratic media bias in the UK|British journalist and media reform advocate Dan Hind]] said that the content produced by the [[w:BBC|BBC]] was frivolous, soap opera stuff, because leading media personalities know very little about issues of substance and believe "they might get in trouble if" they produced anything serious. Similar analyses seem to apply to the major media everywhere<ref>Hind and Graves (2025), accessed 2026-02-09.</ref> but may not apply to non-profit and local media, which seem more likely to produce [[w:Investigative journalism|investigative]] / [[v:Dean Starkman and the watchdog that didn't bark|accountability journalism]]:<ref>Usher and Kim-Leffingwell (2022); see also Starkman and Graves (2025), accessed 2026-02-09.</ref> [[w:Watchdog journalism|Watchdogs]] tend to protect the people who feed them. Argentine journalist [[w:Horacio Verbitsky|Horacio Verbitsky]] said, "Journalism is disseminating information that someone does not want known; the rest is [[w:propaganda|propaganda]]."<ref>p. 16 in Verbitsky (1997); English translation from [[Wikiquote:Horacio Verbitsky]], accessed 2026-02-09.</ref> * The major media everywhere create the stage upon which politicians read their lines. :- Their selection of acceptable topics for news and entertainment create and maintain the "[[w:Overton window|Overton window]]", which is the range of acceptable political discourse. For example, in early 1964, US President [[w:Lyndon B. Johnson|Lyndon Johnson]] understood that he could lose the 1964 presidential election that year if he were seen to be soft on communism. His response was to clandestinely provoke an attack on US naval vessels in the Gulf of Tonkin, which he could then denounce as "unprovoked". During a dark and stormy night 1964-08-04 the [[w:USS Maddox (DD-731)|USS ''Maddox'']] and [[w:USS Turner Joy|''Turner Joy'']] spent a couple of hours "defending themselves" against radar snow, then [[w:Gulf of Tonkin incident|reported that they had sunk two attacking North Vietnamese torpedo boats]]; subsequent investigations found no evidence of the reported attacks. That incident was used to justify the [[w:Gulf of Tonkin Resolution|Gulf of Tonkin Resolution]], with only two dissenting votes in the US Congress: Those two dissenters were defeated in their next reelection campaigns, illustrating the point that the major media create the environment in which many politicians cannot get elected without betraying the nation. === The value of noncommercial news outlets === Some of the problems with the media and their contributions to increasing political polarization and violence are documented in the research summary on "[[Information is a public good: Designing experiments to improve government]]" and in the podcast series available on Wikiversity under "[[:Category:Media reform to improve democracy]]" with leading experts discussing their recommendations. One of the most compelling of the references discussed in that podcast series is Usher and Kim-Leffingwell (2022), who tallied all the federal prosecutions for political corruption in each of the 94 [[w:United States federal judicial district|US federal court district]]s between 2003 and 2019. During that period, the number of journalists in the US fell by a factor of roughly 3 -- between 60 and 70 percent. They found no statistically significant impact on federal prosecutions for political corruption of that decline in the number of journalists. However, each member of the [[w:Institute for Nonprofit News|Institute for Nonprofit News]] (INN) in a federal court district in one year was associated with on average 1.4 additional prosecutions for political corruption the following year. This suggests that the major media outlets that had so dramatically reduced their staffs had not substantively reduced the amount of investigative journalism they did. If we assume that the people prosecuted for political corruption also control substantive advertising budgets, then the major media outlets have conflicts of interest in honestly reporting on such. They may report on it if some other organization like a member of INN does the research and they are threatened with a loss of audience from not reporting on it. :'''''Major point''''': You and I benefit, the vast majority of humans on earth benefit, from news reports presumably published by members if INN that contributed to those on average 1.4 additional prosecutions for political corruption estimated by Usher and Kim-Leffingwell (2022). We benefit even if we never heard about the news reports that contributed to those prosecutions. We benefit even if we have never heard of the news outlets that presumably did the investigative journalism behind those additional prosecutions. Why? Because on average those news reports likely deterred other incidents of political corruption, which likely contributed to broadly shared economic growth and the development of new technology that ultimately benefit the vast majority of humanity. Other aspects of this are documented in the research on the impact of [[w:news desert|news desert]]s, which we summarize next. === Costs increase in news deserts=== There's a growing body of research describing what happens when local newspapers die. Perhaps most important, a 2018 research report by Gao et al. reported that the death of a local newspaper was followed by … increases in local tax revenue, averaging $85 per human per year.<ref name = Gao2018>Gao et al. (2018).</ref> That $85 was roughly 13 hundredths of a percent of the 2019 US GDP. That's mentioned in the 2025-07-17 interview with [[Democratic delusions: Fix the media to fix democracy|Natalie Fenton about her new book, ''Democratic Delusions, How the Media Hollows out democracy and What We Can Do About It'']]. One of the most spectacular example of the cost of a news desert is the [[w:City of Bell scandal|Scandal of Bell, California]]. Their local newspaper died around 1999. Roughly a decade later the city was nearly bankrupt in spite of having property tax rates among the highest in the nation. An investigation by the ''[[w:Los Angeles Times|Los Angeles Times]]'' documented that the city manager had a compensation package worth $1.5 million a year, well over double that of the President of the United States. Other senior city officials were similarly well-remunerated. Some of the city officials went to jail over that. Did the city manager decide after 1999, "Wow: The watchdog is dead. Let's have a party"? Malfeasance also increases in business as pollution and workplace accidents increase as does the cost of capital, because investors know their money is not as secure without a local newspaper. That leads to a reduction in investments in new products, services and processes -- slowing economic growth. See "[[Local newspapers limit malfeasance]]", esp. Kim et al. (2021). And executive compensation in increases in nonprofits, so less of what people donate goes to the charitable purpose for which they donated, according to Felix et al. (2024). Also, voter participation and split-ticket voting decline, per Benton (2019) and other references discussed in "[[Information is a public good: Designing experiments to improve government]]". And the ultra-right does better, as noted in [[News from Germany 1900-1945 and implications for today]] and the section on "[[Information is a public good: Designing experiments to improve government#Previous research|Previous research]]" in the Wikiversity article on "[[Information is a public good: Designing experiments to improve government]]".<ref>Flößer (2024).</ref> The 0.13 percent of GDP savings estimated by Gao et al. (2018) is roughly $120 per human per year. With over 300 million humans in the U.S, that is roughly $40 billion nationwide. {| class="wikitable" |+ Table 1. Costs increase in news deserts |- ! Entity !! What !!Source |- | local government || costs incr. 0.13% of GDP || Gao et al. (2018) |- | local businesses || pollution & workplace accidents incr., innovation & econ growth decr. || Kim et al. (2021) |- | nonprofits || exec. compensation incr. || Felix et al. (2024) |- | rowspan=2 | elections | voter participation & split-ticket voting decl. || Benton (2019) |- | Ultra-right does better || Flößer (2024) |} === Government subsidies === John (1995) documented how in the first half of the nineteenth century the US had more independent newspaper publishers per million population than at any other time or place in human history.<ref>This is discussed in the 2025-06-08 [[Media concentration per Columbia History Professor Richard John|interview with him]], available on Wikiversity under [[:Category:Media reform to improve democracy]], accessed 2026-04-30.</ref> This encouraged literacy and limited political corruption, both of which helped [[The Great American Paradox|the early United States stay together and grow]] while contemporary [[w:New Spain|New Spain]] / [[w:Mexico|Mexico]], fractured, shrank, and stagnated economically. As documented with Figure 1 in the chapter below on [[/The impact of the media on political economy since the time of the Pharaohs/]], that growth catapulted the young United States into its current position of dominance in the international political economy, a position it has been losing since at least 1990 -- or since the Reagan Revolution began in 1981, according to the analysis in the chapter below on [[/Fox, the Great Depression, the Great Recession, and our future/]]. Other countries now have stronger democracies due in part to government subsidies for media in the range of 0.05 and 0.25 percent of GDP with a firewall that limits political interference in the content, according to Neff and Pickard (2024). Table 1 in "[[Information is a public good: Designing experiments to improve government]] compares media subsidies in various places with "other points of reference". McChesney and Nichols (2010, pp. 310-311, note 88) suggested that the relatively high rate of economic growth of the economy in the early US was due in part to postal subsidies under the US [[w:Postal Service Act|Postal Service Act]] of 1792.<ref>See also the Wikiversity article on "[[The Great American Paradox]]", accessed 2026-04-30.</ref> They estimated those subsidies at 0.21 percent of GDP. To improve the current political economy of the US, they recommended subsidies of 0.15 percent of GDP distributed to local news nonprofits on the basis of local elections.<ref>McChesney and Nichols (2021, 2022).</ref> The Wikipedia article on "[[Information is a public good: Designing experiments to improve government]]" documents how some jurisdictions can devote that much money to local news nonprofits by matching what they spend on accounting, advertising, and public relations.<ref>See the section on "[[Information is a public good: Designing experiments to improve government#Sampling units / experimental polities|Sampling units / experimental polities]]" in the Wikiversity article on "[[Information is a public good: Designing experiments to improve government]]", accessed 2026-04-30.</ref> Pickard (2023) describes three basic strategies for confronting concentrated commercial media power: (1) break them up, (2) regulate them, and (3) create non-commercial, public alternatives. A fourth possibility might be [[w:externality|a graduated tax on income and wealth]] in proportion to the threat that major corporations pose to democracy. One class of noncommercial alternatives that Packard mentions is local multi-media / Public Media Centers (PMCs) with management split between local journalists and boards, e.g., selected at random from registered voters. A key here is to have the boards selected in a way that cannot be influenced by people with power, whether business or political elites. Picard recommends considering '''six discrete layers''' when discussing PMCs, each of which, he says, must be radically democratised: # funding, # governance, # ascertainment (to determine a community’s ''critical information needs''), # infrastructure (including universal broadband service), # algorithmic (e.g., not allowing companies like Google and Facebook to suppress indexing information the might challenge their hegemony of those markets, [[w:Deep web|treating them like pedophilia and the Islamic State]]), # engagement, involving local communities in making their own news and in communicating their own stories; this is paramount to building trust and the grassroots-level support that this new local journalistic model requires. All this needs to be managed in ways that provide substantive support to news deserts and underserved communities that have long been subjected to various kinds of informational redlining. This might be done by including the proposed PMCs within local libraries staffed by professional journalists, who provide training in media literacy in local schools for children and supervise students producing school newspapers. Management of such PMCs might be split between journalists on staff and boards of, e.g., six members selected at random from voter registration rolls serving staggered terms of one year with a new member rotated in every 2 months. Another alternative that could be done in parallel with local PMCs calls for 200 journalists in each US Congressional district funded at $10 billion annually in 2022 dollars, which is just a little under 4 hundredths of one percent of GDP; if such allocations are expressed as fractions of a percent of GDP, they would grow naturally with the economy. (The nominal GDP for the US was roughly $26.1 trillion in 2022.<ref>Johnston and Williamson (2026).</ref> For 2026 it is estimated at $32.4 trillion.<ref>[[w:United States|United States]], accessed 2026-04-30.</ref>) A similar model is the [[w:BBC|BBC]]’s Local Democracy Reporting Service (LDRS), in which the BBC funds journalists to cover the work of local councils and other local public bodies, funded at £8 million per year, which is a little under 2 hundredths of a percent of the [[w:United Kingdom|UK]]'s GDP of £7.27 trillion.<ref>[[w:United Kingdom|United Kingdom]], accessed 2026-04-30.</ref> Pickard (2023) ended by saying, "Today we face a crossroads: technocracy and oligarchy from above or radical democracy and structural reform from below. ... [T]his is not just a journalism crisis: it is a democracy crisis." ==[proposed] Table of Contents== *[[/Introduction/]] including an exercise, asking all to discuss perceptions of the settlement of ''[[w:Dominion Voting Systems v. Fox News Network|Dominion Voting Systems v. Fox News Network]]'' in a friendly supportive manner with humans with whom they may vehemently disagree, because the alternative could be killing humans over misunderstandings. ===Part I. The media and political economy=== # [[/The impact of the media on political economy since the time of the Pharaohs/]] describes how hierarchical societies prior to [[w:James VI and I|King James of the King James bible]] were divided between those who fought, prayed, and worked. It was the responsibility of those who prayed to convince those who worked to live in poverty while giving increasing shares of what they produced so those who fought and prayed could live lives of leisure and opulence. During the reign of King James, pamphlets and newspapers began to compete with the church for helping commoners understand their roles in society. This produced the Industrial Revolution and modern democracies. Media consolidation since World War II gradually slowed and then reversed this trend. # [[/Fox, the Great Depression, the Great Recession, and our future/]] describes the unprecedented performance of the US political economy during the presidency of Franklin Roosevelt (FDR), insisting that much of what FDR achieved can be replicated, giving a media system that supports honest discussion of the available evidence. # [[/Media consolidation, social media, and political polarization/]] (Combine from McChesney and Nichols discussing the [[w:Postal Service Act|US Postal Service Act]] of 1792 with [[Media concentration per Columbia History Professor Richard John]], the section on "[[v:Information is a public good: Designing experiments to improve government#Threats from social media|Threats from social media]]" in "[[Information is a public good: Designing experiments to improve government]], and the comments by [[v:Facebook whistleblower Frances Haugen says|Facebook whistleblower Frances Haugen that, "the shortest path to a click is anger or hate."]]. ===Part II. The media and war=== # [[/Deterrence without threat/]] (Draft in [https://peaceworkskc.org/deterrence-without-threat/ "Deterrence without threat" on the website of PeaceWorks Kansas City], noting that the historical record is clear: Nations that have prepared for war often got war, not peace. This happens for at least two reasons: First, some leaders cannot resist the temptation to use force inappropriately, sometimes clandestinely provoking others to do things that are then denounced as "unprovoked". Alternatively, potential adversaries may believe -- or claim -- that you are actually preparing a first strike, and they must move preemptively or lose their ability to retaliate adequately. We can avoid these possibilities with three supportive policies: [a] Legislation that ''prohibits'' projecting force beyond our own borders. [b] Civilian-based defense training in nonviolent noncooperation like what helped Denmark survive Nazi occupation with minimal damage. And [c] A media system that makes it harder for the people who control most of the money for the media to create an environment that makes it hard for common folk to understand, "Why they hate us", and that encourages leaders to be more bellicose than would best support broadly shared peace and prosperity. It is naive to assume that (i) military command, control and communications systems never malfunction, (ii) potential adversaries will behave as we expect, and (iii) no one wants to initiate Armageddon. Supporters of the current US system claim that (i) is virtually foolproof, though [[w:Daniel Ellsberg|Daniel Ellsberg]], who was a nuclear war planner prior to releasing the Pentagon Papers, disagrees; see [[w:Gold Codes|Gold Codes]]. The other two assumptions are demonstrably false. Under current practice, major media can defame poor folk and foreigners with impunity. Major wars like the US-led invasions of Iraq in 2003, Afghanistan in 2001, and Vietnam decades earlier might have played out very differently if individual foreigners and foreign governments had successfully sued the major US media, especially the [[w:Big Three (American television)|Big three US television networks]], [[w:NBC|NBC]], [[w:CBS|CBS]], and [[w:American Broadcasting Company|ABC]], for defamation following the principle in ''[[w:New York Times Co. v. Sullivan|New York Times Co. v. Sullivan]]''.) Another policy for parties to the [[w:Treaty on the Prohibition of Nuclear Weapons|Treaty on the Prohibition of Nuclear Weapons]] (TPNW) would be to institute gradually increasing tariffs on trade with nuclear-weapon states. Free trade agreements supported by the [[w:World Trade Organization|World Trade Organization]] allow exemptions for national security and other objectives. Even a minor nuclear war between India and Pakistan would have a negative impact on the entirety of humanity. It therefore seems sensible for parties to the TPNW to institute gradually increasing tariffs on nuclear weapon states, not so great as to seriously impact the economies of parties to the TPNW but aggressive enough to gradually wean their economy from reliance on trace with nuclear-weapon states. Regarding [a], [https://www.rsn.org/001/inside-the-ukrainian-interceptor-drones-wanted-around-the-gulf.html?ref=messenger.rsn.org see "Inside the Ukrainian Interceptor Drones Wanted Around the Gulf" Dan Peleschuk / Reuters, 2026-03-18] and [https://www.rsn.org/001/building-tanks-while-the-ukrainians-master-drones.html?ref=messenger.rsn.org "Building Tanks While the Ukrainians Master Drones", Simon Shuster / The Atlantic, 2026-03-18.]. Regarding [b], [https://www.zinnedproject.org/news/tdih/bree-newsome-removes-confederate-flag/?emci=45687920-ee1c-f111-9a48-000d3a14b640&emdi=3b97ae4e-de25-f111-9a48-000d3a14b640&ceid=19269752 On June 27, 2015, while politicians debated the implications of taking down the Confederate flag after the white supremacist murder of nine African Americans at Emmanuel AME Church] and several arson fires on Black churches in the South that followed, 30-year-old Ms. [[w:Bree Newsome|Bree Newsome]] scaled the South Carolina state flag pole and took the flag down. [[w:Bree Newsome#2015|twelve days later, the SC House of Reps]] voted to discontinue the use of the Confederate flag, and it was removed the next day. # [[/Responding to a nuclear attack/]] (draft in [[Responding to a nuclear attack]]. Add a discussion of Russia's Poseidon nuclear powered unmanned underwater vehicle, armed with nuclear weapons. With that, cite the record of "[[w:System accident|system accident]]s". Also add material from [[Nuclear weapons and effective defense]]). # [[/Threats from excessive government secrecy/]] (draft in [https://sanjosepeace.org/restrict-secrecy-more-than-data-collection/ "Restrict secrecy more than data collection"], adding material from [https://kkfi.org/program-episodes/does-us-government-secrecy-threaten-national-security/ Connelly (2023) ''The Declassification Engine: What History Reveals About America's Top Secrets''], [[Wikipedia:Moynihan Commission on Government Secrecy]] and [[1998 Embassy bombings and September 11]]. ===Part III. Climate, immigrants, education, public health, and criminal justice=== # [[/Global warming/]] [Summarize research especially on conflicts of interest of major media in honestly reporting on this issue and the research on global warming itself and activities of groups concerned about this issue. Decompose into global population times CO2 equivalents per human.] # [[/Immigrants/]] [Summarize research documenting that [[w:Sanctuary city|sanctuary cities tend to have higher median incomes and no more crime than non-sanctuary jurisdictions]], and some studies report less crime. Moreover economists have documented that immigrants tend to be more entrepreneurial, overrepresented in patent applications, and generally increasing the rate of economic growth. See, e.g., Aghion et al. (2022) ''The power of creative destruction''; Aghion shared the 2025 Nobel Memorial Prize in Economics with two others.] # [[/Education/]] (draft in [[Invest in children]].) # [[/Public health/]] [Draft in [[UN public health data]] to be revised to be consistent with Bezruchka (2023, 2025).] # [[/Criminal justice/]] (The section on "[[w:United States incarceration rate#Editorial policies of major media|Editorial policies of major media]]" in "[[Wikipedia:United States incarceration rate]]" cites research claiming that within the range range of experience in the US political economy since 1925, the incarceration rate is uncorrelated with crime: It's a function of the public's perception of crime, and that's a function of the media.) # [[/Substance abuse and addictive behavior/]] (Research in cited in "[[Wikipedia:War on drugs]]" insists that the US and the world would have fewer problems with substance abuse and addiction problems with 100 percent public funding for treatment programs and complete decriminalization of possession and use of retail quantities of addictive substances. We would also likely have fewer problems with immigrants, as that would make it harder for the US to intervene in the internal affairs of fohttps://en.wikiversity.org/wiki/Wikiversity:FAQ/Editing/Edit_summaryreign countries funded off the books, as exposed in the [[w:Iran–Contra affair|Iran–Contra affair]].) # [[/Empower women and girls/]] [Cite research claiming that a primary restraint on population growth is empowering women and girls. Empowering women and girls is not just a matter of equity: It is also a means to reduce the threats of global warming, of increasing exposure to animal diseases and other problems that come with unrestrained population growth.] === Continuation === * [[/The evolving media literacy movement/]] to invite others to keep this book current with the evolving understanding of media literacy, how to encourage and promote it and the benefits of doing so. ==See also== * [[Wikibooks:Antiracist Activism for Teachers and Students/Points to Consider for Teaching Anti-racism/Media Literacy In Schools]] ==Notes== {{reflist}} ==Bibliography== * <!--Perry Bacon Jr. (2022-10-17) "America Should Spend Billions to Revive Local News"-->{{cite Q|Q139594786}} * <!-- Joshua Benton (9 April 2019). "When local newspapers shrink, fewer people bother to run for mayor". Nieman Foundation for Journalism -->{{cite Q|Q63127216}} * <!--Stephen Bezruchka (2023) Inequality Kills Us All-->{{cite Q|Q136047815}} * <!--Stephen Bezruchka (2025) ''Born Sick in the USA''-->{{cite Q|Q138749292}} * <!--Robert Felix, Joshua A. Khavis, and Mikhail Pevzner (2024) "The effects of local newspaper closures on nonprofits’ executive compensation"-->{{cite Q|Q132730972}} * <!--Maxim Flößer (2024-03-06) "Keine Lokalzeitung -- mehr AfD", Kontext-->{{cite Q|Q125287792}} * <!--Pengjie Gao, Chang Lee, and Dermot Murphy (2018) "Financing Dies in Darkness? The Impact of Newspaper Closures on Public Finance"-->{{cite Q|Q55670016}} * <!--Spencer Graves and Bryan Bailey (2025) "We have to talk", blog at PeaceWorksKC.org-->{{cite Q|Q136126262}} * [[d:Q138038060|Dan Hind and Spencer Graves (2025) "Media Reform Coalition challenges anti-democratic media bias in the UK" on Wikiversity]]. * <!--Richard R. John (1995) Spreading the News: The American Postal System from Franklin to Morse-->{{cite Q|Q54641943}} * <!--Louis Johnston and Samuel H. Williamson, "What Was the U.S. GDP Then?" MeasuringWorth, 2026-->{{cite Q|Q56881105}} * <!-- Min Kim, Derrald Stice, Han Stice, and Roger M. White (2021) "Stop the presses! Or wait, we might need them: Firm responses to local newspaper closures and layoffs"-->{{cite Q|Q132459373}} * <!-- Robert W. McChesney; John Nichols (2010). The Death and Life of American Journalism (Bold Type Books) -->{{cite Q|Q104888067}}. * <!-- Robert W. McChesney; John Nichols (2021). "The Local Journalism Initiative: a proposal to protect and extend democracy". Columbia Journalism Review, 30 November 2021 -->{{cite Q|Q109978060}} * <!-- Robert W. McChesney; John Nichols (2022), To Protect and Extend Democracy, Recreate Local News Media (PDF), FreePress.net (updated 25 January 2022) -->{{cite Q|Q109978337|access-date=2024-06-23}} * <!-- Victor Pickard (2023-05-12) "Another Media System is Possible: Ripping Open the Overton Window, from Platforms to Public Broadcasting"-->{{cite Q|Q131398460}} * <!--Neff and Pickard (2024) "Funding Democracy: Public Media and Democratic Health in 33 Countries"-->{{cite Q|Q131468289}} * [[d:Q131398359|Victor Pickard (2020) ''Democracy without journalism? : confronting the misinformation society'' (Oxford U. Pr.)]]. * [[d:Q138037937|Dean Starkman and Spencer Graves (2025) "Dean Starkman and the watchdog that didn't bark anglais" on Wikiversity]]. * [[d:Q134715465|Nikki Usher and Sanghoon Kim-Leffingwell (2022) "How Loud Does the Watchdog Bark? A Reconsideration of Local Journalism, News Non-profits, and Political Corruption", ''SSRN Electronic Journal'']]. * [[d:Q61013892|Horacio Verbitsky (1997) ''Un mundo sin periodistas'' (in Spanish: A world without journalists; Editorial Sudamericana)]]. [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Education]] [[Category:Economics]] [[Category:Media Literacy and You]] [[Category:Freedom and abundance]] <!-- https://en.wikiversity.org/wiki/Category_Review --> d283pkbdi4v7tce11naqk2zkk9fszbf Wikiversity:Colloquium/archives/March 2026 4 327636 2809229 2805356 2026-05-14T16:36:46Z Codename Noreste 2969951 /* Wikiversity:Artificial intelligence to become an official policy */ archive from [[Wikiversity:Colloquium]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809229 wikitext text/x-wiki {{archive}} == Global ban for Faster than Thunder == Hello, this message is to notify that [[User:Faster than Thunder|Faster than Thunder]] has been nominated for a global ban at [[m:Requests for comment/Global ban for Faster than Thunder]]. You are receiving this notification as required per the [[m:global ban|global ban]] policy as they have made at least 1 edit on this wiki. Thanks, --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 02:01, 22 March 2026 (UTC) == Upcoming Wikimedia Café meetup regarding the [[:meta:Wikimedia Foundation Annual Plan/2026-2027|the 2026-2027 Wikimedia Foundation Annual Plan]] == {{tmbox | image = [[File:Wikimedia Café logo in plain SVG format.svg|45px]] | type=notice | text = Hello! There will be a '''[[:meta:Wikimedia Café|Wikimedia Café]]''' meetup on '''Saturday, 11 April 2026 at 14:00 UTC''' ([https://zonestamp.toolforge.org/1775916000 timestamp conversion tool]), focusing on the [[:meta:Wikimedia Foundation Annual Plan/2026-2027|the 2026-2027 Wikimedia Foundation Annual Plan]]. The featured guests will be <span class="plainlinks">[//meta.wikimedia.org/wiki/User:KStineRowe_(WMF) Kelsi Stine-Rowe]</span> (senior manager, [[:meta:Movement Communications|Movement Communications]], Wikimedia Foundation), and <span class="plainlinks">[//meta.wikimedia.org/wiki/User:Samwalton9_(WMF) Sam Walton] (senior product manager, [[:mw:Moderator Tools|Moderator Tools]], Wikimedia Foundation). {{pbr}}In addition to this Café session, [[:meta:Wikimedia Foundation Annual Plan/2026-2027/Collaboration|several additional meetings regarding the Annual Plan are listed on the Collaboration page]], and you may participate on the [[:meta:Talk:Wikimedia Foundation Annual Plan/2026-2027|talk page]].{{pbr}}This Café meetup will be approximately two hours long. Attendees may choose to attend only for a part. Please see the Café page for more information, including [[:meta:Wikimedia Café#Signups for the April 2026 session|how to register]]. <br />[[File:Buntstifte Eberhard Faber crop 64h.jpg|860px|alt=cropped image of colored pencils]]</span> }} <span style="white-space:nowrap;">[[User:Pine|<span style="color:#01796f; text-shadow:#00BFFF 0 0 1.0em">↠Pine</span>]] [[User talk:Pine|<span style="color:DeepSkyBlue">(<b style="color:#FFDF00;text-shadow:#FFDF00 0 0 1.0em">✉</b>)</span>]]</span> 05:34, 29 March 2026 (UTC) == [[Wikiversity:Artificial intelligence]] to become an official policy == {{Archive top|After running for a week, there is consensus, alongside comments, for [[Wikiversity:Artificial intelligence]] to be implemented as an official policy. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:27, 17 April 2026 (UTC)}} With the introduction of AI-material, and some material just plain disruptive, its imperative that Wikiversity catches up with its sister projects and implements an official AI policy that we can work with. The recent issue of [[User:Lbeaumont|Lbeaumont]]'s 50+ articles that contain significantly large AI-generated material has made me came to the Colloquium. This user has also been removing the [[Template:AI-generated]] template from their pages, calling it "misleading", "alarmist", and "pejorative" - which is all just simply nonsensical rationales. Not to even mention this user's contributions to the English Wikipedia have been [https://en.wikipedia.org/wiki/Wikipedia:Articles_for_deletion/Inner_Development_Goals contested] and [https://en.wikipedia.org/wiki/Wikipedia:Articles_for_deletion/Multipolar_trap removed] a couple of times (for being low-quality and clearly LLM-generated), highlighting the need for an actual policy to be implemented here on Wikiversity. I would like to ping {{ping|Juandev}} and {{ping|Jtneill}} for their thoughts as well, since I'd like this to be implemented as soon as possible. Wikiversity has a significant issue with implementing anti-disruptive measures, hence why we have received numerous complaints as a community about our quality. I originally was reverting the removal of the templates, but realized that this is still a proposed policy, which it shouldn't be anymore. It should be a recognized Wikiversity policy. 14:54, 10 March 2026 (UTC) —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:54, 10 March 2026 (UTC) :@[[User:Atcovi|Atcovi]] '''I agree''' that the draft, should become official policy. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 17:00, 10 March 2026 (UTC) :I provided a detailed response at: [[Wikiversity talk:Artificial intelligence#Evolving a Wikiversity policy on AI]] :I will appreaciate it if you consder that carefully. [[User:Lbeaumont|Lbeaumont]] ([[User talk:Lbeaumont|discuss]] • [[Special:Contributions/Lbeaumont|contribs]]) 22:49, 10 March 2026 (UTC) :Agree it should become official Wikiversity policy on the condition <u>that point point 5 is about [significant/substantial] LLM-generated text specifically</u>. Not a good idea to overuse it, it should be added when there is substantial AI-generated text on the page, not for other cases. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:37, 11 March 2026 (UTC) :What policy is being debated? Is it the text on this page, which is pointed to by the general banner, or the text at:   [[Wikiversity:Artificial intelligence|Wikiversity:Artificial intelligence,]]   which is pointed to by the specific banner? Let's begin with coherence on the text being debated. Thanks! [[User:Lbeaumont|Lbeaumont]] ([[User talk:Lbeaumont|discuss]] • [[Special:Contributions/Lbeaumont|contribs]]) 11:49, 17 March 2026 (UTC) ::@[[User:Lbeaumont|Lbeaumont]] This is a call for approval of the new Wikiversity policy. You expressed your opinion [[Wikiversity talk:Artificial intelligence#Evolving a Wikiversity policy on AI|on the talk page of the proposal]], I replied to you and await your response.When creating policies, it is necessary to propose specific solutions. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 14:12, 17 March 2026 (UTC) :::Toward a Justified and Parsimonious AI Policy :::As we collaborate to develop a consensus policy on the use of Large Language Models, it is wise to begin by considering the needs of the various stakeholders to the policy. :::The stakeholders are: :::1)     The users, :::2)     The source providers, and :::3)     The editors :::There may also be others with a minor stake in this policy, including the population at large. :::The many needs of the users are currently addressed by long-standing [[Wikiversity:Policies|Wikiversity policies]], so we can focus on what, if any, additional needs arise as LLMs are deployed. :::As always, users need assurance that propositional statements are accurate. This is covered by the existing policy on [[Wikiversity:Verifiability|verifiably]]. In addition, it is expected by both the users and those that provide materials used as sources for the text are [[Wikiversity:Cite sources|accurately attributed]]. This is also covered by [[Wikiversity:Cite sources|existing policies]]. :::To respect the time and effort of editors, a parsimonious policy will unburden editors from costly requirements that exceed benefits to the users. :::Finally, it is important to recognize that because attention is our most valuable seizing attention unnecessarily is a form of theft. :::The following proposed policy statement results from these considerations: :::Recommended Policy statement: :::·       Editors [[Wikiversity:Verifiability|verify the accuracy]] of propositional statements, regardless of the source. :::·       Editors [[Wikiversity:Cite sources|attribute the source]] of propositional statements. In the case of LLM, cite the LLM model and the prompt used. :::·       Use of various available templates to mark the use of LLM are optional. Templates that are flexible in noting the type and extend of LLM usage are preferred. Templates that avoid unduly distracting or alarming the user are preferred. [[User:Lbeaumont|Lbeaumont]] ([[User talk:Lbeaumont|discuss]] • [[Special:Contributions/Lbeaumont|contribs]]) 19:56, 19 March 2026 (UTC) ::::Do we discuss here or there? I have replied you there as your proposal is about that policy so it is tradition to discuss it at the affected talk page. [[User:Juandev|Juandev]] ([[User talk:Juandev|discuss]] • [[Special:Contributions/Juandev|contribs]]) 21:59, 19 March 2026 (UTC) : {{support}} Thanks for the proposed policy development and discussion; also note proposed policy talk page discussion: [[Wikiversity talk:Artificial intelligence]] -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 12:05, 24 March 2026 (UTC) ::I think the Wikiversity AI policy shall be official. – [[User:RestoreAccess111|RestoreAccess111]] <sup style="font-family:Arimo, Arial;">[[User talk:RestoreAccess111|Talk!]]</sup> <sup style="font-family:Times New Roman, Tinos;">[[Special:Contributions/RestoreAccess111|Watch!]]</sup> 06:11, 13 April 2026 (UTC) {{archive bottom}} 2rpqrx5h57b5wkparvd0ek0vthmtwv2 Communications Law in Malta 0 327673 2809350 2808919 2026-05-14T23:00:46Z Awascov 3046635 /* 2. Legal Framework of Privacy in Malta */ 2809350 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following: # "Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable" The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: "defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments."<ref name=":8" /> The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”  Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”   '''What Counts as "Private" in Malta?''' '''Types of Privacy''' '''Cone of Secrets Theory''' == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] acowl8jxxf1japos9vzdkaq8jxlv05e 2809351 2809350 2026-05-14T23:12:00Z Awascov 3046635 /* 6. Privacy & Data Protection */ 2809351 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following: # "Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable" The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: "defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments."<ref name=":8" /> The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”  Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”   '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. '''Allowable Derogations''' '''Limits to Privacy in Malta: Public Interest & Access to Information''' == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 7ejwe4no3jk1stc10i0yhuxp0k7dukr 2809358 2809351 2026-05-14T23:26:34Z Awascov 3046635 2809358 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following: # "Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable" The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: "defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments."<ref name=":8" /> The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”  Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”   '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest" "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] lzwgg5bdy6t48avjm13zuoafzngkjzg 2809375 2809358 2026-05-14T23:50:25Z Awascov 3046635 2809375 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following: # "Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable" The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: "defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments."<ref name=":8" /> The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”  Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”   '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest" "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 5cas6qk75j08a53bsqymjmgerbwh84z 2809377 2809375 2026-05-14T23:52:38Z Awascov 3046635 2809377 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following: # "Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable" The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: "defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments."<ref name=":8" /> The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”  Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”   '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest" "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' * Public interest / “legitimate concern” * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 5iicbio26ox6e8hqhiufs0bjig566r6 2809387 2809377 2026-05-15T00:15:50Z Awascov 3046635 2809387 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following: # "Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable" The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: "defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments."<ref name=":8" /> The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”  Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: “in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons.”   '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest" "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' As with all areas of the law, there exists a strong balancing act with regards to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. * Public interest / “legitimate concern” * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] cfnsu4hevqol5i3v0sqrj643o0ejgeu 2809388 2809387 2026-05-15T00:24:57Z Awascov 3046635 2809388 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>'''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest" "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' As with all areas of the law, there exists a strong balancing act with regards to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. * Public interest / “legitimate concern” - Ways that privacy can be protected while maintaining the freedom for information: Article 6 of the ''Data Protection Act,'' <blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 2yu0x06b14sltf1fhhaselv7kzizd6a 2809392 2809388 2026-05-15T00:56:51Z Awascov 3046635 2809392 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on Colson v Land Nordrhein-Westfalen.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''I''nternationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to crim<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref>inalize support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: ''"Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." (emphasis added) The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (more clearly defined as a “natural” person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2). The lawfulness of this use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Ariticle can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>'''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest" "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' As with all areas of the law, there exists a strong balancing act with regards to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. * Public interest / “legitimate concern” This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary: <blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] izvvi5u9t4qq1oyw4t4bmyq5u7zos22 2809418 2809392 2026-05-15T02:24:02Z Awascov 3046635 2809418 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: <blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it conforms with the following "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary: <blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 1j2ulvwtadhywsjicvocw14ekfyzx6m 2809419 2809418 2026-05-15T02:31:19Z Awascov 3046635 2809419 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: <blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it conforms with the following "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary: <blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 79165hh1u7kh7sntn9in3l1sdcyrcbl 2809420 2809419 2026-05-15T02:35:11Z Awascov 3046635 2809420 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. '''International Laws Governing Maltese Rights to Privacy:''' Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: <blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. '''Internal Maltese Law Governing Right to Privacy''' Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] '''What Counts as "Private" in Malta?''' Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." '''Allowable Derogations''' In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it conforms with the following "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." '''Limits to Privacy in Malta: Public Interest & Access to Information''' As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary: <blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> * Transparency laws (FOIA-type logic) * Media freedom == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 8lastqwdwj895hl2mmkey6nh7n0ogjz 2809425 2809420 2026-05-15T04:07:41Z Awascov 3046635 2809425 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to: <blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 3a7rxfl0kkw7l9h41orqfzxgcn2smco 2809430 2809425 2026-05-15T04:58:31Z Awascov 3046635 /* Case Law */ 2809430 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == - Put here how Malta is culturally Catholic, look back at the module as to what this should go into == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information:<blockquote>Inasmuch as the activity of a search engine is therefore liable to affect significantly, and additionally compared with that of the publishers of websites, the fundamental rights to privacy and to the protection of personal data, the operator of the search engine as the person determining the purposes and means of that activity must ensure, within the framework of its responsibilities, powers and capabilities, that the activity meets the requirements of Directive 95/46 in order that the guarantees laid down by the directive may have full effect and that effective and complete protection of data subjects, in particular of their right to privacy, may actually be achieved.</blockquote>[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information in protection against <blockquote>In the weighting to be carried out under that provision, in principle, the need to protect the interests of third parties in relation to joint-stock companies and limited liability companies and to ensure legal certainty, fair trading and thus the proper functioning of the internal market take precedence, it cannot be excluded.</blockquote> == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] gl2h3bfa9giyjeejyfkatik0z3pfvgz 2809431 2809430 2026-05-15T05:03:17Z Awascov 3046635 /* 5.Cultural and Religious Expressions */ 2809431 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5.Cultural and Religious Expressions == Being a historically and == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information:<blockquote>Inasmuch as the activity of a search engine is therefore liable to affect significantly, and additionally compared with that of the publishers of websites, the fundamental rights to privacy and to the protection of personal data, the operator of the search engine as the person determining the purposes and means of that activity must ensure, within the framework of its responsibilities, powers and capabilities, that the activity meets the requirements of Directive 95/46 in order that the guarantees laid down by the directive may have full effect and that effective and complete protection of data subjects, in particular of their right to privacy, may actually be achieved.</blockquote>[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information in protection against <blockquote>In the weighting to be carried out under that provision, in principle, the need to protect the interests of third parties in relation to joint-stock companies and limited liability companies and to ensure legal certainty, fair trading and thus the proper functioning of the internal market take precedence, it cannot be excluded.</blockquote> == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] t19a4bp7uvy7zy75xfp0dw3fgj9liyf 2809433 2809431 2026-05-15T06:14:43Z Awascov 3046635 /* 5.Cultural and Religious Expressions */ 2809433 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. However, in a growing pluralistic and secular age, the importance of this traditional connection is put to the test. ==== Feast days and Religious Festivals Celebrated in Malta ==== Malta maintains ==== History and Current state of Blasphemy Laws in Malta ==== == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information in protection against == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] cbr0lctw2z88y3lmbc17rr897lutf5c 2809440 2809433 2026-05-15T06:37:40Z Awascov 3046635 /* 5. Cultural and Religious Expressions */ 2809440 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare by the village and other volunteers; preparation which requires orchestral coordination in the community resulting in the adornment of the towns in "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment: <blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== History and Current state of Blasphemy Laws in Malta ==== ==== Case Law ==== == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information in protection against == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] hs9pgmkx6mhskoc2tar97fjt93x4ve1 2809441 2809440 2026-05-15T06:41:20Z Awascov 3046635 2809441 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare by the village and other volunteers; preparation which requires orchestral coordination in the community resulting in the adornment of the towns in "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> Street food is typically eaten during the festi, with the traditional nut-based ''qubbajt'' (nougat) taking a distinguished place at the table.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment: <blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== History and Current state of Blasphemy Laws in Malta ==== ==== Case Law ==== == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information in protection against == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] d6n1s9mdrdcqcszyr07od5hilf5dqma 2809443 2809441 2026-05-15T06:50:51Z Awascov 3046635 2809443 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> The Maltese do not firmly tether the date of the festa to an exact calendar date, but maintain the This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare for by the village and other volunteers; preparation which requires an orchestral coordination of volunteers and contractors in the community resulting in the adornment of the towns in, "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> Street food is typically eaten during the ''festi'', with both Italian and Arab influences seen in the ''kannoli'' (cannoli) and ''imqaret'' (fried pastries stuffed with dates), however, the traditional nut-based ''qubbajt'' (nougat) takes a distinguished place at the table.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment:<blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== History and Current state of Blasphemy Laws in Malta ==== ==== Case Law ==== == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information in protection against == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] sw00xqoyikfdv8zkeim5s2kg7szt5s5 2809444 2809443 2026-05-15T08:17:27Z Awascov 3046635 2809444 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> The Maltese do not firmly tether the date of the ''festa'' to an exact calendar date, but rather choose to maintain the religious connection of the Patron's feast day according the liturgical calendar.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare for by the village and other volunteers; preparation which requires an orchestral coordination of volunteers and contractors in the community resulting in the adornment of the towns in, "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> This aspect of Maltese feasts are so intrinsic to their practice that court rulings were issued to protect them in early 2026.<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2026-01-30/local-news/Court-ruling-secures-future-of-Malta-s-fireworks-factories-and-village-feasts-6736286847?utm?|title=Court ruling secures future of Malta’s fireworks factories and village feasts - The Malta Independent|website=www.independent.com.mt|access-date=2026-05-15}}</ref> Street food is typically eaten during the ''festi'', with both Italian and Arab influences seen in the ''kannoli'' (cannoli) and ''imqaret'' (fried pastries stuffed with dates), however, the traditional nut-based ''qubbajt'' (nougat) takes a distinguished place at the table.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment:<blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== Legal Protections of Feasts and Catholic Culture ==== The Maltese take protection of their distinct culture seriously. The Superintendence of Cultural Heritage serves as the "national regulator for culture in Malta."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> This not only includes the preservation of physical historical sites, but what is known as ''intangible cultural heritage,'' comprised of the "oral traditions, performing arts, social practices, rituals, festivals, knowledge and practices concerning nature and the universe, and the skills involved in crafting traditional items."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> Additionally the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act]''<blockquote>No person shall make any intervention or alteration, damage, demolish or undertake conservation or restoration of a cultural property as defined in this Act, or classes thereof, except with the permission in writing of the Superintendent and subject to such conditions as may be imposed, and as may be defined in regulations issued under this Act.<ref name=":10">{{Cite web|url=https://legislation.mt/eli/cap/445/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-15}}</ref></blockquote>In the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act],'' Malta explicitly lays out that Catholic cultural property shall be handled by a specific commission focused on its protection <blockquote>Without prejudice to any other law that may be in force, and until such time when there may be reached an agreement between the competent civil and ecclesiastical authorities, cultural property belonging to the Catholic Church, including to Catholic Religious Orders, and destined or used for religious purposes shall fall under the exclusive regulation and superintendence of the Catholic Cultural Heritage Commission to be appointed every two years by the President of the Malta Episcopal Conference, and to consist of not less than five experts one of whom shall be so appointed after consultation with the Minister.<ref name=":10" /></blockquote>This [https://cchc.church.mt Commission] was established by decree in 2002, with its aim of, "helping the Episcopal Conference with its advice and its activity, in safeguarding and promoting the cultural patrimony of the Catholic Church in Malta."<ref>{{Cite web|url=https://cchc.church.mt/about/|title=About Us – Catholic Cultural Heritage Commission|language=en-US|access-date=2026-05-15}}</ref> ==== History and Current state of Blasphemy Laws in Malta ==== Being a Catholic nation, historically an offense against the Church was seen as an offense against the State. With this context in mind, it is not difficult to understand why the island had outlawed "vilification of religion," which focused on blasphemy against Catholicism. A ''Times of Malta Article'' published shortly before these respective laws were overturned, enumerated what offenses of them looked like: <blockquote>Articles 163 and 164 of the Criminal Code both criminalise vilification of religion. This crime is committed(a) publicly vilifying “the Roman Catholic Apostolic Religion which is the religion of Malta”; or (b) by giving “offence to the Roman Catholic Apostolic Religion by vilifying those who profess such religion or its ministers, or anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship”.. Article 164 extends the provisions of article 163 to other cults tolerated by law, with the only difference between the two being their punishment.<ref>{{Cite web|url=https://timesofmalta.com/article/Religion-needs-protection.577592|title=Religion needs protection|last=Contributors|date=2015-07-22|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref></blockquote> These laws were subsequently overturned in 2016, a move made in order to promote the idea of free speech by allowing citizens to "challenge ideas without having to fear ostracisation or criminal proceedings."<ref>{{Cite web|url=https://timesofmalta.com/article/repealing-blasphemy-law-a-victory-for-freedom-of-speech-says-humanist.618859|title=Repealing blasphemy law a victory for freedom of speech, says Humanist Association|last=Malta|first=Times of|date=2016-07-14|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref> However, given the inherently religious nature of Maltese culture and governance, ''Times of Malta'' opinion writer Kevin Aquilina points the paradoxical message set forth by this overturning:<blockquote> It does not make sense, both from a logical and legal perspective, to declare the Roman Catholic Apostolic religion as the religion of Malta in the highest law of the land and to then allow its flagrant vilification with impunity.</blockquote> == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information is necessary to protect citizens when making financial decisions. == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] ncwfv4dn5omngjwephkd70pp8cit9w5 2809445 2809444 2026-05-15T08:20:41Z Awascov 3046635 /* 7. Right to Bodily, Spiritual, & Digital Identity */ 2809445 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> The Maltese do not firmly tether the date of the ''festa'' to an exact calendar date, but rather choose to maintain the religious connection of the Patron's feast day according the liturgical calendar.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare for by the village and other volunteers; preparation which requires an orchestral coordination of volunteers and contractors in the community resulting in the adornment of the towns in, "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> This aspect of Maltese feasts are so intrinsic to their practice that court rulings were issued to protect them in early 2026.<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2026-01-30/local-news/Court-ruling-secures-future-of-Malta-s-fireworks-factories-and-village-feasts-6736286847?utm?|title=Court ruling secures future of Malta’s fireworks factories and village feasts - The Malta Independent|website=www.independent.com.mt|access-date=2026-05-15}}</ref> Street food is typically eaten during the ''festi'', with both Italian and Arab influences seen in the ''kannoli'' (cannoli) and ''imqaret'' (fried pastries stuffed with dates), however, the traditional nut-based ''qubbajt'' (nougat) takes a distinguished place at the table.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment:<blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== Legal Protections of Feasts and Catholic Culture ==== The Maltese take protection of their distinct culture seriously. The Superintendence of Cultural Heritage serves as the "national regulator for culture in Malta."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> This not only includes the preservation of physical historical sites, but what is known as ''intangible cultural heritage,'' comprised of the "oral traditions, performing arts, social practices, rituals, festivals, knowledge and practices concerning nature and the universe, and the skills involved in crafting traditional items."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> Additionally the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act]''<blockquote>No person shall make any intervention or alteration, damage, demolish or undertake conservation or restoration of a cultural property as defined in this Act, or classes thereof, except with the permission in writing of the Superintendent and subject to such conditions as may be imposed, and as may be defined in regulations issued under this Act.<ref name=":10">{{Cite web|url=https://legislation.mt/eli/cap/445/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-15}}</ref></blockquote>In the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act],'' Malta explicitly lays out that Catholic cultural property shall be handled by a specific commission focused on its protection <blockquote>Without prejudice to any other law that may be in force, and until such time when there may be reached an agreement between the competent civil and ecclesiastical authorities, cultural property belonging to the Catholic Church, including to Catholic Religious Orders, and destined or used for religious purposes shall fall under the exclusive regulation and superintendence of the Catholic Cultural Heritage Commission to be appointed every two years by the President of the Malta Episcopal Conference, and to consist of not less than five experts one of whom shall be so appointed after consultation with the Minister.<ref name=":10" /></blockquote>This [https://cchc.church.mt Commission] was established by decree in 2002, with its aim of, "helping the Episcopal Conference with its advice and its activity, in safeguarding and promoting the cultural patrimony of the Catholic Church in Malta."<ref>{{Cite web|url=https://cchc.church.mt/about/|title=About Us – Catholic Cultural Heritage Commission|language=en-US|access-date=2026-05-15}}</ref> ==== History and Current state of Blasphemy Laws in Malta ==== Being a Catholic nation, historically an offense against the Church was seen as an offense against the State. With this context in mind, it is not difficult to understand why the island had outlawed "vilification of religion," which focused on blasphemy against Catholicism. A ''Times of Malta Article'' published shortly before these respective laws were overturned, enumerated what offenses of them looked like: <blockquote>Articles 163 and 164 of the Criminal Code both criminalise vilification of religion. This crime is committed(a) publicly vilifying “the Roman Catholic Apostolic Religion which is the religion of Malta”; or (b) by giving “offence to the Roman Catholic Apostolic Religion by vilifying those who profess such religion or its ministers, or anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship”.. Article 164 extends the provisions of article 163 to other cults tolerated by law, with the only difference between the two being their punishment.<ref>{{Cite web|url=https://timesofmalta.com/article/Religion-needs-protection.577592|title=Religion needs protection|last=Contributors|date=2015-07-22|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref></blockquote> These laws were subsequently overturned in 2016, a move made in order to promote the idea of free speech by allowing citizens to "challenge ideas without having to fear ostracisation or criminal proceedings."<ref>{{Cite web|url=https://timesofmalta.com/article/repealing-blasphemy-law-a-victory-for-freedom-of-speech-says-humanist.618859|title=Repealing blasphemy law a victory for freedom of speech, says Humanist Association|last=Malta|first=Times of|date=2016-07-14|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref> However, given the inherently religious nature of Maltese culture and governance, ''Times of Malta'' opinion writer Kevin Aquilina points the paradoxical message set forth by this overturning:<blockquote> It does not make sense, both from a logical and legal perspective, to declare the Roman Catholic Apostolic religion as the religion of Malta in the highest law of the land and to then allow its flagrant vilification with impunity.</blockquote> == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information is necessary to protect citizens when making financial decisions. == 7. Right to Bodily, Spiritual, & Digital Identity == == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 7jsol199gs0kczo3b751gl8lucuga08 2809446 2809445 2026-05-15T08:30:51Z Awascov 3046635 /* 7. Right to Bodily, Spiritual, & Digital Identity */ 2809446 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> The Maltese do not firmly tether the date of the ''festa'' to an exact calendar date, but rather choose to maintain the religious connection of the Patron's feast day according the liturgical calendar.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare for by the village and other volunteers; preparation which requires an orchestral coordination of volunteers and contractors in the community resulting in the adornment of the towns in, "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> This aspect of Maltese feasts are so intrinsic to their practice that court rulings were issued to protect them in early 2026.<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2026-01-30/local-news/Court-ruling-secures-future-of-Malta-s-fireworks-factories-and-village-feasts-6736286847?utm?|title=Court ruling secures future of Malta’s fireworks factories and village feasts - The Malta Independent|website=www.independent.com.mt|access-date=2026-05-15}}</ref> Street food is typically eaten during the ''festi'', with both Italian and Arab influences seen in the ''kannoli'' (cannoli) and ''imqaret'' (fried pastries stuffed with dates), however, the traditional nut-based ''qubbajt'' (nougat) takes a distinguished place at the table.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment:<blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== Legal Protections of Feasts and Catholic Culture ==== The Maltese take protection of their distinct culture seriously. The Superintendence of Cultural Heritage serves as the "national regulator for culture in Malta."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> This not only includes the preservation of physical historical sites, but what is known as ''intangible cultural heritage,'' comprised of the "oral traditions, performing arts, social practices, rituals, festivals, knowledge and practices concerning nature and the universe, and the skills involved in crafting traditional items."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> Additionally the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act]''<blockquote>No person shall make any intervention or alteration, damage, demolish or undertake conservation or restoration of a cultural property as defined in this Act, or classes thereof, except with the permission in writing of the Superintendent and subject to such conditions as may be imposed, and as may be defined in regulations issued under this Act.<ref name=":10">{{Cite web|url=https://legislation.mt/eli/cap/445/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-15}}</ref></blockquote>In the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act],'' Malta explicitly lays out that Catholic cultural property shall be handled by a specific commission focused on its protection <blockquote>Without prejudice to any other law that may be in force, and until such time when there may be reached an agreement between the competent civil and ecclesiastical authorities, cultural property belonging to the Catholic Church, including to Catholic Religious Orders, and destined or used for religious purposes shall fall under the exclusive regulation and superintendence of the Catholic Cultural Heritage Commission to be appointed every two years by the President of the Malta Episcopal Conference, and to consist of not less than five experts one of whom shall be so appointed after consultation with the Minister.<ref name=":10" /></blockquote>This [https://cchc.church.mt Commission] was established by decree in 2002, with its aim of, "helping the Episcopal Conference with its advice and its activity, in safeguarding and promoting the cultural patrimony of the Catholic Church in Malta."<ref>{{Cite web|url=https://cchc.church.mt/about/|title=About Us – Catholic Cultural Heritage Commission|language=en-US|access-date=2026-05-15}}</ref> ==== History and Current state of Blasphemy Laws in Malta ==== Being a Catholic nation, historically an offense against the Church was seen as an offense against the State. With this context in mind, it is not difficult to understand why the island had outlawed "vilification of religion," which focused on blasphemy against Catholicism. A ''Times of Malta Article'' published shortly before these respective laws were overturned, enumerated what offenses of them looked like: <blockquote>Articles 163 and 164 of the Criminal Code both criminalise vilification of religion. This crime is committed(a) publicly vilifying “the Roman Catholic Apostolic Religion which is the religion of Malta”; or (b) by giving “offence to the Roman Catholic Apostolic Religion by vilifying those who profess such religion or its ministers, or anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship”.. Article 164 extends the provisions of article 163 to other cults tolerated by law, with the only difference between the two being their punishment.<ref>{{Cite web|url=https://timesofmalta.com/article/Religion-needs-protection.577592|title=Religion needs protection|last=Contributors|date=2015-07-22|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref></blockquote> These laws were subsequently overturned in 2016, a move made in order to promote the idea of free speech by allowing citizens to "challenge ideas without having to fear ostracisation or criminal proceedings."<ref>{{Cite web|url=https://timesofmalta.com/article/repealing-blasphemy-law-a-victory-for-freedom-of-speech-says-humanist.618859|title=Repealing blasphemy law a victory for freedom of speech, says Humanist Association|last=Malta|first=Times of|date=2016-07-14|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref> However, given the inherently religious nature of Maltese culture and governance, ''Times of Malta'' opinion writer Kevin Aquilina points the paradoxical message set forth by this overturning:<blockquote> It does not make sense, both from a logical and legal perspective, to declare the Roman Catholic Apostolic religion as the religion of Malta in the highest law of the land and to then allow its flagrant vilification with impunity.</blockquote> == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information is necessary to protect citizens when making financial decisions. == 7. Right to Bodily, Spiritual, & Digital Identity == Identity is a progressively tenuous topic in the modern world. In the legal sphere, this takes on various forms. == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] j692hg3f4t0xtkq427cruuk2ikupdu2 2809447 2809446 2026-05-15T08:31:52Z Awascov 3046635 /* 7. Right to Bodily, Spiritual, & Digital Identity */ 2809447 wikitext text/x-wiki == 1. History of Malta and Maltese Communication Law == {{law}} ==== History of Malta ==== The Mediterranean island of [https://www.gov.mt/en/Pages/Home.aspx Malta] is located directly in the crossroads of several formidable historical forces. The impacts of this are clearly seen in the country's dramatic history, with effects still present in its "mixed" legal system. Situated south of Sicily, Malta was [[wikipedia:Capture_of_Malta_(218_BC)#:~:text=The%20capture%20of%20Malta%20was,Punic%20War%20in%20218%20BC.|conquered by Rome]] in 218 B.C. in the Second Punic War. This forced the small island to be placed under Roman law for the majority of time between 218 B.C. and 1530, when Holy Roman Emperor Charles V granted the island of Malta to the Order of St. John (also known as the "Knights Hospitallers"). The tiny island was then ruled shortly by France from 1789 - 1813 and then England from 1813 forward,<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-17598542|title=Malta profile - Timeline|date=2012-04-03|work=BBC News|access-date=2026-02-21|language=en-GB}}</ref> only gaining its sovereign independence in 1964.<ref name=":0">{{Cite journal|last=Aquilina|first=Kevin|date=2013|title=The Nature and Sources of The Maltese Mixed Legal System: A Strange Case of Dr. Jekyll and Mr. Hyde?|url=https://heinonline.org/HOL/Page?handle=hein.journals/complv4&id=&collection=journals&div=8|journal=Comparative law review|pages=1-38|via=HeinOnline}}</ref> [[File:Malta, 2010 - panoramio - Bengt Nyman (23).jpg|thumb]]Malta's "mixed system" is based most clearly on the fact that it maintains both civil and common law.<ref name=":0" /> In practice, this means it follows a legal system predicated on both statutes and past court decisions. Malta has been influenced greatly by international and European systems - the small country has a "Westminster" styled Constitution, but does not hold Constitutional Court decisions as binding on any other than the parties in dispute.<ref name=":0" /> ==== Maltese Communication Law History ==== Malta was owned by the British as the "Crown Colony of Malta" from 1813 - 1964, a time period that included many critical changes in the modernization of communication. As a colony of the British Empire, Malta was subject to British influence on both the implementation of the modern means of communication, as well as the laws surrounding the regulation of these means.<ref>{{Cite web|url=https://broadcasting-authority.azurewebsites.net/ourhistory?utm_source=chatgpt.com|title=Our History {{!}} Broadcasting Authority|website=broadcasting-authority.azurewebsites.net|access-date=2026-03-18}}</ref> This included the creation of the Broadcast Authority, established in 1961 to regulate all broadcasting in the nation.<ref>{{Cite web|url=https://ba.org.mt/en/about-us|title=About Us|website=ba.org.mt|access-date=2026-03-19}}</ref> Radio broadcasting first came to Malta in the form of cable radio through a private British company called "Rediffusion" in 1935.<ref name=":6">{{Cite web|url=https://timesofmalta.com/article/radio-broadcasting-turns-90.1119330|title=Radio broadcasting turns 90|last=Borg|first=Fr Joe|date=2025-11-11|website=Times of Malta|language=en-gb|access-date=2026-03-18}}</ref> This was especially important at the time, as Malta's cultural and physical closeness to Italy put them at risk of infiltration by the ideas of the expanding Fascist Mussolini regime through wireless radio broadcasts.<ref name=":6" /> To combat this, British Colonial Authorities strategically placed loudspeakers with approved programs across the island, and banned the use of non-wire radio.<ref name=":6" /> The easy public access to radio programs, paired with the auditory nature of the news bypassing the necessity to be literate, caused radio to surpass newspapers as the main source of information to the public.<ref name=":6" /> The perceived danger to Maltese citizens from Italian and Sicilian influence continued to pressure the island and those who ruled it to continually adopt updated communication systems. In the 1950s, Maltese reception of Italian TV signals led the country to first create the television network that would become TVM, and later, the adoption of color broadcast.<ref name=":6" /> The geographical proximity to Italy created a situation such that, when the one-station system censored differing political ideas, the Nationalist party was able to resort to Sicilian radio and television stations to broadcast their opposing viewpoints.<ref name=":6" /> The small nation's reliance on Rediffusion lasted up until 1971, when the Mintoff government decided to nationalize radio and television; this was ultimately not successful until 1975.<ref name=":6" /> This led to the establishment of Xandir Malta, or "Broadcasting Malta," a Socialist-run broadcasting network that goverened the communications sector until it was pushed out by the Nationalist party in the late 1980s. The Nationalist party then established a public broadcasting network and issued "The 1990 White Paper Commitment to Pluralism," promoting pluralism in broadcasting.<ref name=":6" /> The Church and the Government were the first to have their own radio stations, followed by additions in 1992. Radio broadcasting is reportedly consumed by two-thirds of Maltese citizens to this day.<ref name=":6" /> When Malta joined the European Union (EU) in 2004, they were required to extend their communications legislation to meet EU standards, including promoting European and independent works.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum:e20112|website=eur-lex.europa.eu|access-date=2026-03-19}}</ref> Malta has since joined multiple international agreements, such that the Maltese lawmakers must ensure that both the law of Malta and the terms of multiple treaties and directives are followed when writing legislation. Maltese communication law is emblematic of the legal situation of many European countries: though the country maintains its sovereign independence, the law is riddled with influence from past rulers, as well as attempts to catch up with technological progress and the ever-expanding process of globalization. == 2. Sources of Maltese Communications Law == ==== National ==== [[File:Malta ali 2009224 lrg.jpg|thumb]] The primary statute governing communications law in Malta is the [https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com Electronic Communications (Regulation) Act].<ref>{{Cite web|url=https://legislation.mt/eli/cap/399/eng?utm_source=chatgpt.com|title=Electronic Communications (Regulation) Act|date=Dec. 31st, 1997|website=Legislation Malta}}</ref> This statute lays the groundwork for how communications law is to be upheld in Malta: it governs access to networks, authorizations and license requirements, radio communications, and the regulatory framework that telecommunications companies will have to adhere to. [https://legislation.mt/eli/cap/418/eng Shortly after, the Malta Communications Authority Act]<ref>{{Cite web|url=https://legislation.mt/eli/cap/418/eng|title=MALTA COMMUNICATIONS AUTHORITY ACT|date=Aug. 1, 2000}}</ref> was passed and functioned to establish the [https://www.mca.org.mt/ Malta Communication Authority (MCA).] The Act gave the MCA regulating authority to enforce Maltese communication law, established the regulatory goals of the entity, and expressed the requirements for members wishing to serve on the MCA board. The MCA's authority was challenged in European Court of Justice case [https://www.maltatoday.com.mt/news/court_and_police/87626/vodafone_loses_challenge_on_financing_legal_interceptions Vodafone Malta Ltd v. Malta Communication Authority.]<ref name=":2">{{Cite web|url=https://infocuria.curia.europa.eu/tabs/document?source=document&docid=138859&doclang=EN|title=Vodafone Malta Ltd and Mobisle Communications Ltd v Attorney General and Others (Case C-71/12) — Judgment of the Court (Third Chamber), 27 June 2013.|website=CURIA}}</ref> Vodafone claimed that the 3% excise tax the Maltese government had levied on mobile providers was a breach of EU law.<ref>{{Cite web|url=https://www.mca.org.mt/articles/judgement-court-vodafone-malta-limited-et-vs-avukati-generali-et-case-c%E2%80%917112|title=Judgement of the Court - Vodafone Malta Limited et vs Avukati Generali et - Case C‑71/12 {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-27}}</ref> The court affirmed the MCA's authority to regulate communications law, ruled that the MCA was acting fully within their regulatory authority, and the national tax to offset interception costs was valid.<ref name=":2" /> Another statute governing communications law in Malta is the aforementioned [https://ba.org.mt/legislation Broadcasting Act.]<ref name=":3">{{Cite web|url=https://ba.org.mt/legislation|title=CHAPTER 350 BROADCASTING ACT|date=1 June 1991|website=Malta Broadcasting Authority}}</ref> Where the ECR act was focused on the infrastructure of communications systems in Malta, the Broadcasting Act was directed at the content that was being pushed through television, radio, and audiovisual programming. This Act also established the regulator the [https://ba.org.mt Malta Broadcasting Authority,] which seeks to enforce the statutes contained in the act.<ref name=":3" /> ==== International ==== Being an EU member state, Maltese communication law is heavily impacted on the supranational decisions of the European Union. The MCA lists 8 articles of EU legislation on their website divided into 3 subsections: e-commerce, postal service, and regulatory framework for communications.<ref>{{Cite web|url=https://www.mca.org.mt/general/legislation|title=Legislation {{!}} MCA|last=Authority|first=Malta Communication|website=www.mca.org.mt|language=en|access-date=2026-02-21}}</ref> The MCA cites an EU directive from 2000<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32000L0031|title=Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')|date=8 June 2000|website=EUR-Lex}}</ref> as well as a 2014 EU regulation<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2014/910/oj/eng|title=Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC|date=23 July 2014|website=EUR-Lex}}</ref> as controlling for Maltese E-commerce. The MCA cites a 2008 EU Directive<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2008/6/oj/eng|title=Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services|date=20 February 2008|website=EUR-Lex}}</ref> as the applicable EU law for Maltese postal services, and a 2018 EU Directive,<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2018/1972/oj/eng|title=Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)|date=11 December 2018|website=EUR-Lex}}</ref> as well as four 2002 EU Directives<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/22/oj/eng|title=Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/20/oj/eng|title=Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/19/oj/eng|title=Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)|date=7 March 2002|website=EUR-Lex}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/eli/dir/2002/58/oj/eng|title=Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)|website=EUR-Lex}}</ref> as the applicable law for electronic communications. Additionally, Maltese membership in the European Union requires that the country adheres to three principles of EU membership: # As a member state, citizens of Malta have the ability to uphold certain EU rights in court. This is known as the "Principle of Direct Effect," and was established by the 1963 case Van Gend en Loos v Nederlandse Administratie der Belastingen.<ref>{{Cite web|url=https://www.lawyersnjurists.com/article/direct-effect-of-europian-union-law/|title=DIRECT EFFECT OF EUROPEAN UNION LAW|website=The Lawyers & Jurists|access-date=2026-03-19}}</ref> This means that any Maltese citizen or company can invoke European Union communication rights in the Maltese domestic court system. # Further, Malta is obligated to interpret its domestic laws ''as much as possible'' in light of EU directives. This is known as the "Principle of Conforming Interpretation" or "Principle of Indirect Effect," and was established by the 1984 case of ''V''on ''Colson v Land Nordrhein-Westfalen''.<ref>{{Cite web|url=https://employmentrightsireland.com/von-colson-and-kamann-establishing-the-principle-of-indirect-effect/#:~:text=The%20*Von%20Colson%20and%20Kamann*%20case%20established,which%20will%20give%20effect%20to%20EU%20directives.|title=Von Colson and Kamann-Establishing the Principle of Indirect Effect – Employment Rights Ireland|website=employmentrightsireland.com|access-date=2026-03-19}}</ref> Therefore, all of the cases relating to communications law in Malta must be decided utilizing a legislative framework that takes into account the directives of the EU. # Lastly, the member states of the EU must ensure that their regulatory measures are: 1) suitable 2) necessary 3) does not impose excessive burdens. This is known as the "Principle of Proportionality," and was established by the case ''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.''<ref>{{Cite web|url=https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1459|title=Proportionality|last=Crawford|first=Emily|date=May 2011|website=Oxford Public International Law}}</ref> This therefore requires that the Maltese Communication Authority and Broadcast Authority regulations align with the Proportionality standards. ==== Regional ==== Malta is a member party to the [https://www.echr.coe.int/documents/d/echr/Convention_ENG European Convention on Human Rights (ECHR),]<ref name=":7">{{Cite web|url=https://www.echr.coe.int/documents/d/echr/Convention_ENG|title=European Convention on Human Rights|date=Nov. 4th, 1950}}</ref> and therefore must abide by the ECHR's protection of freedom of expression. This protection is enshrined in Article 10 of the convention,<ref>{{Cite web|url=https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-10|title=European Convention on Human Rights - Article 10|website=European Union Agency for Fundamental Rights}}</ref> which states the following: <blockquote>Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. </blockquote>Further, the ECHR established the [https://www.echr.coe.int European Court of Human Rights], which has jurisdiction over Maltese law in Malta-specific cases, and persuasive authority for cases dealing with other member states.<ref name=":7" /> == 3. Censorship and Violent Content == ==== Hate Speech ==== Malta takes a no-nonsense approach to hate speech, penalizing those convicted with 6-18 months.<ref name=":1">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com|title=Criminal Code Chapter 9|website=LEĠIŻLAZZJONI MALTA}}</ref> Hate speech is governed primarily by the [https://legislation.mt/eli/cap/9/eng/pdf?utm_source=chatgpt.com Maltese Criminal Code]<ref name=":4">{{Cite web|url=https://legislation.mt/eli/cap/9/eng/pdf?utm_|title=CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.|website=LEĠIŻLAZZJONI MALTA}}</ref>, which states the following <blockquote>Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable </blockquote>The Code goes on in Sections 82B and 82C to criminalize <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> support or denial of crimes against humanity, genocide, war crimes and crimes against peace. * ''(''a) likely to incite to violence or hatred against such a group or a member of such a group; * (b) likely to disturb public order or which is threatening, abusive or insulting ==== Case law: ==== [https://fra.europa.eu/en/databases/criminal-detention/case-law/6700 Police v. Norman Lowell]<ref>{{Cite web|url=https://fra.europa.eu/en/databases/criminal-detention/case-law/6700|title=Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell|website=European Union Agency for Fundamental Rights}}</ref> In this 2013 case, a political activist was convicted for the charge of "incitement of racial hatred" against immigrants and Jews for delivering speeches and publishing allegedly racist views including incitements to violence online. Lowell was charged under Article 82A of the Maltese Criminal Code and received a 2 year sentence (later suspended) and a €500 fine. [https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/ Garaudy v. France]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/garaudy-v-france/|title=Garaudy v. France|website=Global Freedom of Expression|language=en-US|access-date=2026-03-19}}</ref> Being bound by the European Convention of Human Rights, this case is a persuasive authority for Maltese decision making. This 2003 case ruled against French Philosopher Roger Garaudy who was convicted in France for his 1998 book that allegedly denied the Holocaust. The Court ruled that Article 17 of the Convention preempted Article 10 - making his writing fall outside the realm of protected speech. ==== Illegal Pornography and Child Protection ==== The Maltese government has strict laws governing pornography. Under Section 208 of the Code Chapter 9, displays of pornographic material in public places will result in fines "of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000)."<ref name=":4" /> Section 208 of the statute goes further to strictly outlaw all forms of child pornography and "revenge porn" (illicit photos intended for one person and then used as blackmail).<ref name=":4" /> ==== Case Law ==== [https://hudoc.echr.coe.int/eng#{%22itemid%22:&#x5B;%22001-57499%22&#x5D;} Handyside v. United Kingdom]<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-57499%22%5D%7D|title=HUDOC - European Court of Human Rights|website=hudoc.echr.coe.int|access-date=2026-03-19}}</ref> This 1976 case established that while the European Union protects "freedom of expression" in Article 10 of the European Convention of Human Rights, the European Union recognizes the authority of countries to limit this due to protecting the morality of their citizens. The case focused on the seizure and prohibition of a pornographic schoolbook set to be disseminated throughout the United Kingdom. The court stated, "the Court first finds that the 1959/1964 Acts have an aim that is legitimate under Article 10 para. 2 (art. 10-2), namely, the protection of morals in a democratic society. Only this latter purpose is relevant in this case since the object of the said Acts - to wage war on 'obscene' publications, defined by their tendency to 'deprave and corrupt' - is linked far more closely to the protection of morals than to any of the further purposes permitted by Article 10 para. 2 (art. 10-2)." This decision showed to member states that while there are certain supranational requirements they must maintain, individual countries still had rights to uphold their individual public morality. ==== Defamation and Libel Reform ==== Though previously illegal, the [https://parlament.mt/13th-leg/acts/act-xi-of-2018/ Media and Defamation] act abolished the crime of libel and relegated it to civil courts. Section 3 of the act states that "defamatory words in written media" constitutes libel, <ref>{{Cite web|url=https://parlament.mt/media/93813/act-xi-media-and-defamation-act.pdf|title=ACT No. XI of 2018 The Media and Defamation Act|date=24 April 2018|website=Parliament of Malta}}</ref> and prior to this Act, libel could be criminally prosecuted. ==== Case law ==== [https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/?utm_source=chatgpt.com Falzon v. Malta]<ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/falzon-v-malta/|title=Falzon v. Malta|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> This 2018 ECtHR court decision directly implicated Maltese communication law, as the Maltese court system had ruled against Falzon in a civil libel case for dramatizing a negative story of the Maltese Police Force. The ECtHR ruled that this was a violation of Article 10 of the Convention, due to the purpose of the article being political commentary based on civic engagement, rather than true defamatory allegations against individuals; the Maltese court was thus overruled. [https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/?utm_source=chatgpt.com Caruana Galizia v. Cuschieri] <ref>{{Cite web|url=https://globalfreedomofexpression.columbia.edu/cases/cuschieri-v-galizia/|title=Caruana Galizia v. Cuschieri|website=Global Freedom of Expression|language=en-US|access-date=2026-03-14}}</ref> In this case, a woman was sued for defamation for falsely alleging in an independent blog that a politician was an antisemite and had employed seditious tactics. The court ruled that this was not protected speech, as it went beyond mere opinion or political commentary and into character attacks on the politician that were ill-founded. == 4. Truth, Honor & Tolerance == Malta's membership in both the European Union and European Convention on Human Rights requires the country to provide equal protection to citizens under the law. Malta itself has also established additional national laws instituting this. [[File:Basílica de San Pablo, Rabat, isla de Malta, Malta, 2021-08-25, DD 167.jpg|thumb]] With 85% of the Maltese Population identifying as Catholic, and 2,000 years of Catholic history,<ref>{{Cite web|url=https://www.ewtnnews.com/world/europe/facing-declining-mass-attendance-malta-s-catholics-hope-papal-visit-will-revitalize-the-faith|title=Facing a decline in Mass attendance, Catholics in one country hope papal visit will revitalize the faith|website=Catholic News Agency|language=en|access-date=2026-03-14}}</ref> it is unsurprising that Article 2 of the Maltese Constitution established Catholicism as the state religion.<ref name=":5">{{Cite web|url=https://legislation.mt/eli/const/eng/pdf|title=Constitution of Malta|date=21st September, 1964|website=LEGISLATION MALTA}}</ref> However, under Article 40 of the Maltese Constitution,<ref name=":5" /> as well as Article 10 of the EU Charter of Human Rights,<ref>{{Cite web|url=https://fra.europa.eu/en/eu-charter/article/10-freedom-thought-conscience-and-religion|title=Article 10 - Freedom of thought, conscience and religion {{!}} European Union Agency for Fundamental Rights|date=2015-04-25|website=fra.europa.eu|language=en|access-date=2026-03-19}}</ref> and Article 9 of the ECtHR,<ref name=":7" /> Maltese citizens enjoy freedom of religious practice. ==== Constitutional Rights to Freedom of Expression ==== [https://www.constituteproject.org/constitution/Malta_2016 Article 41] of the Maltese Constitution<ref name=":8">{{Cite web|url=https://www.constituteproject.org/constitution/Malta_2016|title=Malta 1964 (rev. 2016) Constitution - Constitute|website=www.constituteproject.org|language=en|access-date=2026-03-16}}</ref> lays out the groundwork for the parameters of freedom of expression in the country. The first section of the article grants broad "freedom of expression" with the exceptions of citizens consenting to be censored, and parental discipline. The second section of Article 41 expresses the occasions in which the government may legally impose limitations on this freedom of expression. This includes situations in which "it is reasonably required" for: <blockquote>Defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments.<ref name=":8" /></blockquote>The second article also explains that the government can limit the freedom of expression for public officers.<ref name=":8" /> The third applicable section of this article explains the limits the government can impose on publisher's freedom of expression. This first includes the prohibition or restriction of both editing or printing of publications by people under 21 years old; and the mandate that printers and editors inform the proper authorities of their ages and locations.<ref name=":8" /> The final section of Article 41 explains the limits of seizure in response to freedom of expression. The section first states that when the police seize a newspaper that had been used to commit a criminal offense, they are required to go to a competent court within 24 hours to see if the prima facie case of the offense was satisfied. The section states that if the prima facie case is not satisfied, the paper must be returned to its owner. The section ends with stating that, "No person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this Constitution or of his juridical capacity by reason only of his political opinions."<ref name=":8" /> ==== Tolerance and Anti-Discrimination ==== The Maltese government put forth the [https://parlament.mt/en/9th-leg/acts-9th/act-no-i-of-2003/ Equality for Men and Women Act] <ref>{{Cite web|url=https://parlament.mt/media/1050/i-of-2003-equality-for-men-and-women-act.pdf|title=ACT No. I of 2003, AN ACT to promote equality for men and women|date=4 February 2003|website=Parliament of Malta}}</ref> in order to protect the right of both sexes to be treated as equals under the law -- especially protecting women from prejudicial discrimination. While this does not explicitly mention communications law, it does require men and women to be treated non-discriminatorily in every area, therefore including communication platforms. Additionally, in the [https://parlament.mt/media/129409/att-xxv-gender-identity.pdf Gender Identity, Gender Expression and Sex Characteristics Act],<ref>{{Cite web|url=https://parlament.mt/media/129409/att-xxv-gender-identity.pdf|title=Act No. XXV of 2024 - Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act|date=12th July 2024|website=Parliament of Malta}}</ref> the Maltese government instituted rights of transgender individuals to legally change and be known by their preferred gender/name, and to be treated in accordance with these preferences. This act also protects transgender individuals from discrimination for these changes. ==== Case law: ==== [https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613?utm_source=chatgpt.com Police v. Michael Leonard Paul Hammond]<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> In this 2023 case, a man was convicted for posting a hateful comment on a pro-LGBT Facebook page. The court ruled that his comment under a Gay Pride parade post of, "should bomb all u (sic) freaks,"<ref>{{Cite web|url=https://timesofmalta.com/article/from-bench-is-hate-speech-freedom-expression.1051613|title=From the Bench: Is it hate speech or freedom of expression?|last=Contributors|date=2023-08-26|website=Times of Malta|language=en-gb|access-date=2026-03-14}}</ref> constituted a violation of Section 82A of the Maltese Criminal Code. Hammond later tried to appeal this conviction, but the court upheld the lower court's decision. [https://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_source=chatgpt.com Transgender Inmates v. Prison Authorities]<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2018-05-29/local-news/Transgender-inmates-win-damages-in-constitutional-case-against-prison-authorities-6736190683?utm_|title=Updated: Transgender inmates win damages in constitutional case against prison authorities - The Malta Independent|website=www.independent.com.mt|access-date=2026-03-14}}</ref> While this case does not specifically speak to communications law, it does further show the development of the law in treating transgender individuals as a protected class. In this 2018 case, 7 inmates who identified as transgender women sued for being placed in the male section of the prison in accordance with the sex listed on their official documentation. The inmates stated that being placed in this section, while living as women, created a situation in which they were placed in constant abuse and harassment. The Maltese court ruled that the prison system was inhumane for forcing these individuals to stay in the male-section of the prison, and ruled for the inmates, granting them damages in €5,000 for their mistreatment. == 5. Cultural and Religious Expressions == Being a historically and predominantly Roman Catholic, Malta's cultural heritage is inextricably linked to Catholicism. The importance of this traditional connection is put to the test in an increasingly pluralistic and secular cultural landscape. [[File:Malta Fireworks Festival - 2024.jpg|thumb]] ==== Feast days and Religious Festivals Celebrated in Malta ==== Maltese culture is one of celebration. Now officially protected by UNESCO since 2023 for its "intangible" part in the "cultural heritage of humanity," the importance of the Maltese ''festa'' cannot be overstated.<ref name=":9">{{Cite web|url=https://orpheum.com.mt/ultimate-guide-to-feasts-in-malta-culture/|title=Ultimate Guide To Feasts In Malta, Tips, Top 5 List & More|date=2024-10-20|language=en-US|access-date=2026-05-15}}</ref> Each year religious festivals are celebrated in specific villages and Catholic parishes on their Patron's correlative feast days.<ref>{{Cite web|url=https://www.maltainfoguide.com/feasts-in-malta.html|title=The Best List Of All Traditional Religious Feasts In Malta & Gozo|website=Malta Info Guide|language=en|access-date=2026-05-15}}</ref> This tradition began in the 16th century while the country was under the Knights of St. John.<ref name=":9" /> The Maltese do not firmly tether the date of the ''festa'' to an exact calendar date, but rather choose to maintain the religious connection of the Patron's feast day according the liturgical calendar.<ref name=":9" /> These feasts often take the entirety of the year prior to prepare for by the village and other volunteers; preparation which requires an orchestral coordination of volunteers and contractors in the community resulting in the adornment of the towns in, "hundreds of lights, religious artifacts, and beautiful damask tapestries."<ref name=":9" /> A characteristic feature of Maltese festivals are land-based rotating fireworks called ''ġigġifogu,'' made by placing fireworks on spinning wheels.<ref name=":9" /> This aspect of Maltese feasts are so intrinsic to their practice that court rulings were issued to protect them in early 2026.<ref>{{Cite web|url=httpss://www.independent.com.mt/articles/2026-01-30/local-news/Court-ruling-secures-future-of-Malta-s-fireworks-factories-and-village-feasts-6736286847?utm?|title=Court ruling secures future of Malta’s fireworks factories and village feasts - The Malta Independent|website=www.independent.com.mt|access-date=2026-05-15}}</ref> Street food is typically eaten during the ''festi'', with both Italian and Arab influences seen in the ''kannoli'' (cannoli) and ''imqaret'' (fried pastries stuffed with dates), however, the traditional nut-based ''qubbajt'' (nougat) takes a distinguished place at the table.<ref name=":9" /> Unlike the increasingly secular traditions of western countries, the ''festa'' in Malta is ingrained with deep Catholic sentiment:<blockquote>The highlight of the ''festa'' is the night of the feast itself, when the statue of the patron saint is carried in a cheerful procession through the village streets. Devotees bid large amounts for the honor of bearing the statue, a privilege believed to bring blessings. The funds raised often go toward charitable causes or to cover the costs of organizing the feast. As the procession winds through the streets, confetti, balloons, and decorations are released from rooftops and balconies, adding to the celebratory mood.<ref name=":9" /> </blockquote> ==== Legal Protections of Feasts and Catholic Culture ==== The Maltese take protection of their distinct culture seriously. The Superintendence of Cultural Heritage serves as the "national regulator for culture in Malta."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> This not only includes the preservation of physical historical sites, but what is known as ''intangible cultural heritage,'' comprised of the "oral traditions, performing arts, social practices, rituals, festivals, knowledge and practices concerning nature and the universe, and the skills involved in crafting traditional items."<ref>{{Cite web|url=https://schmalta.mt/intangible-cultural-heritage/|title=Intangible Cultural Heritage|website=SCH Malta|language=en-US|access-date=2026-05-15}}</ref> Additionally the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act]''<blockquote>No person shall make any intervention or alteration, damage, demolish or undertake conservation or restoration of a cultural property as defined in this Act, or classes thereof, except with the permission in writing of the Superintendent and subject to such conditions as may be imposed, and as may be defined in regulations issued under this Act.<ref name=":10">{{Cite web|url=https://legislation.mt/eli/cap/445/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-15}}</ref></blockquote>In the ''[https://legislation.mt/eli/cap/445/eng/pdf Cultural Heritage Act],'' Malta explicitly lays out that Catholic cultural property shall be handled by a specific commission focused on its protection <blockquote>Without prejudice to any other law that may be in force, and until such time when there may be reached an agreement between the competent civil and ecclesiastical authorities, cultural property belonging to the Catholic Church, including to Catholic Religious Orders, and destined or used for religious purposes shall fall under the exclusive regulation and superintendence of the Catholic Cultural Heritage Commission to be appointed every two years by the President of the Malta Episcopal Conference, and to consist of not less than five experts one of whom shall be so appointed after consultation with the Minister.<ref name=":10" /></blockquote>This [https://cchc.church.mt Commission] was established by decree in 2002, with its aim of, "helping the Episcopal Conference with its advice and its activity, in safeguarding and promoting the cultural patrimony of the Catholic Church in Malta."<ref>{{Cite web|url=https://cchc.church.mt/about/|title=About Us – Catholic Cultural Heritage Commission|language=en-US|access-date=2026-05-15}}</ref> ==== History and Current state of Blasphemy Laws in Malta ==== Being a Catholic nation, historically an offense against the Church was seen as an offense against the State. With this context in mind, it is not difficult to understand why the island had outlawed "vilification of religion," which focused on blasphemy against Catholicism. A ''Times of Malta Article'' published shortly before these respective laws were overturned, enumerated what offenses of them looked like: <blockquote>Articles 163 and 164 of the Criminal Code both criminalise vilification of religion. This crime is committed(a) publicly vilifying “the Roman Catholic Apostolic Religion which is the religion of Malta”; or (b) by giving “offence to the Roman Catholic Apostolic Religion by vilifying those who profess such religion or its ministers, or anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship”.. Article 164 extends the provisions of article 163 to other cults tolerated by law, with the only difference between the two being their punishment.<ref>{{Cite web|url=https://timesofmalta.com/article/Religion-needs-protection.577592|title=Religion needs protection|last=Contributors|date=2015-07-22|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref></blockquote> These laws were subsequently overturned in 2016, a move made in order to promote the idea of free speech by allowing citizens to "challenge ideas without having to fear ostracisation or criminal proceedings."<ref>{{Cite web|url=https://timesofmalta.com/article/repealing-blasphemy-law-a-victory-for-freedom-of-speech-says-humanist.618859|title=Repealing blasphemy law a victory for freedom of speech, says Humanist Association|last=Malta|first=Times of|date=2016-07-14|website=Times of Malta|language=en-gb|access-date=2026-05-15}}</ref> However, given the inherently religious nature of Maltese culture and governance, ''Times of Malta'' opinion writer Kevin Aquilina points the paradoxical message set forth by this overturning:<blockquote> It does not make sense, both from a logical and legal perspective, to declare the Roman Catholic Apostolic religion as the religion of Malta in the highest law of the land and to then allow its flagrant vilification with impunity.</blockquote> == 6. Privacy & Data Protection == For purposes of this section, privacy is defined as “the quality or state of being apart from company or observation; freedom from unauthorized intrusion."<ref>{{Cite web|url=https://www.merriam-webster.com/dictionary/privacy|title=Definition of PRIVACY|date=2026-04-26|website=www.merriam-webster.com|language=en|access-date=2026-04-28}}</ref>Many believe that there are certain aspects of life that should rightly be protected from unnecessary government intrusion. However, this creates a tension between the rights of citizens to privacy, and the rights of these same citizens to the free access of information. This tension can clearly be seen in the legislation regarding this subject in Malta. ==== '''International Laws Governing Maltese Rights to Privacy:''' ==== Because Malta is member of the European Union, it is under the General Data Protection Regulation (GDPR).  This is a 2018 EU regulation relating to how personal data of citizens is collected, stored, shared, and used.  Importantly, the statute not only provides the framework for how this data is treated, but provides the necessary definitions of what falls into the category of “personal data.”  The regulation states in article 4 that personal data refers to:<blockquote>''Any information'' relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (emphasis added)</blockquote>The legislation speaks in Article 5 on the principles of how this information ought to be processed. The first line speaks to transparency, stating that the “data subject’s” (which can be more clearly defined as a “natural” or human person), information should be “processed lawfully, fairly and in a transparent manner” in relation to that person.  Article 5 goes on to emphasize that all of the processing ought to be done for legitimate purposes, and only processed to the extent necessary. This “processing” is defined essentially as any use of the personal data in Article 4(2): <blockquote>'processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; </blockquote>The lawfulness of the use, or “processing,” of this personal data is explicated in Article 6 of the GDPR. The main points of this Article can be summarized in the following: the processing of personal data must be necessary and consented to by the person. Significantly, Article 1 of the GDPR states that, “the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.” [[File:Surveillance video cameras, Gdynia.jpeg|thumb]] Further, as a member of the ECHR, Malta is required to protect the rights found in Article 8, titled “Right to respect for private and family life.” These rights include the right to “respect for his private and family life, his home and his correspondence,” and grants that, "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." On the European stage, Malta must maintain strict protection of the privacy of its citizens. But Malta itself has a body of statutory rules governing privacy as well. ==== '''Internal Maltese Law Governing Right to Privacy''' ==== Maltese law tends to take on an approach similar to the American prohibition of unreasonable searches and seizures. Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote>Under section 38, titled, “Protection for privacy of home or other property” of the Constitution of Malta first lays out the preliminary mandate that “no person shall be subjected to the search of his person or his property or the entry by others on his premises;” provided they have not consented to this, or this is not “by way of parental discipline.” The section then goes into situation-specific exceptions to this rule in 38(2). These include the “reasonably required” test seen in European law in the following situations: <blockquote>in the interest of defence, public safety, public order, public morality or decency, public  health,  town  and  country  planning, the development and utilisation of mineral resources, or the  development  and  utilisation  of  any  property  in such a manner as to promote the public benefit,” as well as, “that  is  reasonably  required  for  the  purpose  of promoting the rights or freedoms of other persons. </blockquote> [[File:Security Monitoring Centre.jpg|thumb]] ==== '''What Counts as "Private" in Malta?''' ==== Further, Malta put forward the ''Data Protection Act (DPA), Cap. 586 of the Laws of Malta''<ref>{{Cite web|url=https://legislation.mt/eli/cap/586/eng/pdf|title=LEĠIŻLAZZJONI MALTA|website=legislation.mt|access-date=2026-05-14}}</ref> in 2018 to supplement the GDPR. Within this Act, the Maltese government described how the GDPR will be put into effect in Malta, and enumerated the individual rights citizens can enjoy through these instruments. The Act establishes the supervisory authority for data protection as the Information and Data Protection Commissioner in section V, stating that the commissioner will be appointed in a bipartisan manner by the Prime Minister of Malta "acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition." In Article 6 of the ''Data Protection Act,'' Malta allows for derogations of Articles 15, 16, 18 and 21 "for the processing of personal data for scientific or historical research purposes or official statistics" (dealing with the Right to Freedom of Information), and derogations of Articles 15, 16, 18, 19, 20 and 21 "of the Regulation for the processing of personal data for archiving purposes in the public interest," so long as it is both "(a) is likely to render impossible or seriously impair the achievement of those purposes; and (b) the controller reasonably believes that such derogations are necessary for the fulfilment of those purposes." ===== '''Limits to Privacy in Malta: Public Interest & Access to Information''' ===== As with all areas of the law, there exists a strong balancing act with regard to protected rights. In the protection of privacy, the government must take into account not only the rights of the individual, but the rights of the public to access information. Potential issues arise with the movement towards a more privacy-based approach. The ''Malta IT Law Association,'' an NGO active in the realm of technology and digital information in Malta, issued a scathing article publishing their communication to Minister Owen Bonnici in 2015.<ref>{{Cite web|url=https://www.mitla.org.mt/application-right-forgotten-respect-public-records-needs-transparent-justifiable-rules/|title=The application of the "Right to be Forgotten" with respect to public records needs transparent, justifiable rules|last=Zammit|first=Daren|date=2018-03-16|website=Malta IT Law Association|language=en-US|access-date=2026-05-15}}</ref> The MITLA states the dangers of the so-called ''"Right to be Forgotten."'' The NGO points out that this right has been extended into the court system under the claim to privacy: <blockquote>The Malta IT Law Association (MITLA) is extremely concerned about recent reports that private individuals have successfully requested that court cases decided against them be deleted from online databases of such judgements without having in place clear rules as to how the right to be forgotten is being exercised with respect to public registers.</blockquote> The NGO goes on to state that this extension into the realm of governmental documentation, "cannot be simply compared to de-listing from a search engine." "right to be forgotten is ''not an absolute right'' but has to take into consideration various factors" (emphasis added). This however, is not an all-or-nothing situation, as Malta outlines situations where freedom of information and privacy can both be respected. One such example is Article 6 of the ''Data Protection Act,'' which states that identification of the person from which the data was processed should only be used when necessary:<blockquote> "Provided that, where such purposes can be fulfilled by processing which does not permit, or no longer permits, the identification of data subjects, those purposes shall be fulfilled in that manner." </blockquote> ==== Case Law ==== [https://dpcuria.eu/case?reference=C-131/12 Costeja, C-131/12 (2014)]<ref>{{Cite web|url=https://dpcuria.eu/case?reference=C-131/12|title=CJEU - Judgment C-131/12 Google Spain and Google 13 May 2014|last=HAOUIDEG|first=Hakim|website=IPcuria.eu|language=en|access-date=2026-05-15}}</ref> In this Court of Justice of the European Union (CJEU) case, a Spanish man argued that the Google search results of his name containing a newspaper article regarding "attachment proceedings" that had been conducted in order to pay off his debts was a violation of his right to privacy; especially because these proceedings had occurred years earlier and had since been resolved. The Court ruled that Google, being a search engine, did process personal information, and therefore, had to treat personal requests to de-index private information with the same gravity as other publishers of information [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62015CJ0398 Manni C-398/15]<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0398|website=eur-lex.europa.eu|access-date=2026-05-15}}</ref> In this case, an Italian man wanted the records of his sole directorship and connection to the liquidation of a company anonymized or removed from an Italian company register. The court takes a different approach in this case, stating that the public right to information is necessary to protect citizens when making financial decisions. == 7. Right to Bodily, Spiritual, & Digital Identity == Identity is a progressively tenuous topic in the modern world. In the legal sphere, this takes on various forms. Legal Identity in Malta: Digital Identity: == 8. Right to Reject Information, Clothing, & Human Exhibitions == ==== References: ==== [[Category:Malta]] [[Category:Law in Europe]] [[Category:Communication in Europe|Law in Malta]] 40tunfysb2a9t2fxvp46bvinjx9wn3u The Netherlands' Legal System 0 327751 2809188 2808911 2026-05-14T15:19:57Z OliviaC1212 3052301 /* 1. Sources of Netherlands Communication Law */ 2809188 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of governments. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the Government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be authorized by the law.<ref>''Id.''</ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content has been considered in the context of the ECtHR as well in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to the European Court of Human Rights precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === As a member state of the Council of Europe, the Netherlands is subject to the jurisdiction of the European Court of Human Rights (ECtHR), which interprets rules and regulations from the European Convention on Human Rights (ECHR). Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] gfdjp6nori0t0muhvdt9log9i6fw1vk 2809189 2809188 2026-05-14T15:20:59Z OliviaC1212 3052301 /* Governmental Structure and Key Governmental Bodies */ 2809189 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the Government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be authorized by the law.<ref>''Id.''</ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content has been considered in the context of the ECtHR as well in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to the European Court of Human Rights precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === As a member state of the Council of Europe, the Netherlands is subject to the jurisdiction of the European Court of Human Rights (ECtHR), which interprets rules and regulations from the European Convention on Human Rights (ECHR). Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] 63toftub1n8qtfzy1h3sjnl1jwen1ng 2809191 2809189 2026-05-14T15:21:13Z OliviaC1212 3052301 /* Governmental Structure and Key Governmental Bodies */ 2809191 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the Government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be authorized by the law.<ref>''Id.''</ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content has been considered in the context of the ECtHR as well in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to the European Court of Human Rights precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === As a member state of the Council of Europe, the Netherlands is subject to the jurisdiction of the European Court of Human Rights (ECtHR), which interprets rules and regulations from the European Convention on Human Rights (ECHR). Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] bwj1brah8jlv4qd1baapscpshqjrtv1 2809192 2809191 2026-05-14T15:21:35Z OliviaC1212 3052301 /* Governmental Structure and Key Governmental Bodies */ 2809192 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be authorized by the law.<ref>''Id.''</ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content has been considered in the context of the ECtHR as well in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to the European Court of Human Rights precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === As a member state of the Council of Europe, the Netherlands is subject to the jurisdiction of the European Court of Human Rights (ECtHR), which interprets rules and regulations from the European Convention on Human Rights (ECHR). Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] fstc70szxj4egqrkr0f2jwe63vw0k42 2809197 2809192 2026-05-14T15:44:59Z OliviaC1212 3052301 /* Freedom of Expression */ 2809197 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content has been considered in the context of the ECtHR as well in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to the European Court of Human Rights precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === As a member state of the Council of Europe, the Netherlands is subject to the jurisdiction of the European Court of Human Rights (ECtHR), which interprets rules and regulations from the European Convention on Human Rights (ECHR). Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] tr4jz80eqxs1m9r0ro4bnnousozrpwk 2809198 2809197 2026-05-14T15:49:33Z OliviaC1212 3052301 2809198 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to the European Court of Human Rights precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === As a member state of the Council of Europe, the Netherlands is subject to the jurisdiction of the European Court of Human Rights (ECtHR), which interprets rules and regulations from the European Convention on Human Rights (ECHR). Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] pbll8cl36940myny1f2u5wdowmtywzo 2809201 2809198 2026-05-14T15:55:04Z OliviaC1212 3052301 /* 4. Truth, Tolerance, and Unprotected Speech */ 2809201 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the first amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] gdupt1yjaxfovsbjgi9tk7c4sl73n4h 2809202 2809201 2026-05-14T15:56:16Z OliviaC1212 3052301 /* United States Defamation Law Compared to Dutch Defamation Law */ 2809202 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the European Convention on Human Rights and influenced by the precedent of the European Court of Human Rights, particularly Articles 10 and 8. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] pn3w0s4tqry5w34q4tx90t1bzgnqurm 2809203 2809202 2026-05-14T15:58:26Z OliviaC1212 3052301 /* Conclusion */ 2809203 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrates in the southern parts of the Netherlands primarily. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] q4j8uo07m2rvqdlng60ypokhibd8bpg 2809204 2809203 2026-05-14T16:01:12Z OliviaC1212 3052301 /* Festivals as a Form of Cultural Expression */ 2809204 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange”.<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] 49xjjsmmuziiujrxhqgubzqiolx5nre 2809205 2809204 2026-05-14T16:02:00Z OliviaC1212 3052301 2809205 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the European Court of Human Rights (ECtHR). In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] 404rx6srk3fn0ftoczeg2xndgkux4yi 2809208 2809205 2026-05-14T16:03:56Z OliviaC1212 3052301 /* Religious Expression */ 2809208 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] bkfwan4tw4xcsebxfh5r9p6coe1bqjx 2809210 2809208 2026-05-14T16:07:08Z OliviaC1212 3052301 2809210 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly reacted to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] hb6va3ong1f9xpp8sb001znn76rtnvt 2809211 2809210 2026-05-14T16:08:38Z OliviaC1212 3052301 2809211 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a person to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the woman’s rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] biy48gbfhc63ziryxl5v6rv4poi1s3z 2809212 2809211 2026-05-14T16:10:37Z OliviaC1212 3052301 2809212 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR; the EU law that assures the safety of personal data. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] 07jd4sszq3dx7qfhy4hjuzimvlxv450 2809213 2809212 2026-05-14T16:11:34Z OliviaC1212 3052301 2809213 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual * Employment or social media requires processing by law * Vital interests * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards) * The individual made the data public * Court proceedings * A substantive public interest is involved * Medical purposes with strict confidentiality * Public health requirements * Processing required for archiving purposes in public interest<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] 6n7yq31ho1rekdoux65wqaclihtrje6 2809217 2809213 2026-05-14T16:16:57Z OliviaC1212 3052301 /* Digital Identity and Biometric Data */ 2809217 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual, * Employment or social media requires processing by law, * Vital interests, * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards), * The individual made the data public, * Court proceedings, * A substantive public interest is involved, * Medical purposes with strict confidentiality, * Public health requirements, or * Processing required for archiving purposes in public interest.<ref>''Id.''</ref> Protection of biometric data is enforced by the Dutch Data Protection Authority (DPA), which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] eun6e3419fkwbqdnbbhgighfmpjnbge 2809218 2809217 2026-05-14T16:17:43Z OliviaC1212 3052301 /* Personal Data Protection */ 2809218 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual, * Employment or social media requires processing by law, * Vital interests, * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards), * The individual made the data public, * Court proceedings, * A substantive public interest is involved, * Medical purposes with strict confidentiality, * Public health requirements, or * Processing required for archiving purposes in public interest.<ref>''Id.''</ref> Protection of biometric data is enforced by the DPA, which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantees the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] qo7wrhxaa2t7t647pfv5knh5ptvgf01 2809219 2809218 2026-05-14T16:18:31Z OliviaC1212 3052301 /* Conclusion */ 2809219 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual, * Employment or social media requires processing by law, * Vital interests, * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards), * The individual made the data public, * Court proceedings, * A substantive public interest is involved, * Medical purposes with strict confidentiality, * Public health requirements, or * Processing required for archiving purposes in public interest.<ref>''Id.''</ref> Protection of biometric data is enforced by the DPA, which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantee the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Netherlands’ privacy law recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the Dutch Data Protection Authority, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected * A person withdraws consent to the data being used * A person objects to the use of their data * An organization does not comply with privacy rules and laws regarding their use of personal data * An organization is required to by law * Data was collected on a child under the age of 16<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] a46j6s15mg5rtfncvi37ekpuwjm4q8k 2809223 2809219 2026-05-14T16:20:59Z OliviaC1212 3052301 2809223 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual, * Employment or social media requires processing by law, * Vital interests, * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards), * The individual made the data public, * Court proceedings, * A substantive public interest is involved, * Medical purposes with strict confidentiality, * Public health requirements, or * Processing required for archiving purposes in public interest.<ref>''Id.''</ref> Protection of biometric data is enforced by the DPA, which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantee the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Privacy law in the Netherlands’ recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the DPA, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected, * A person withdraws consent to the data being used, * A person objects to the use of their data, * An organization does not comply with privacy rules and laws regarding their use of personal data, * An organization is required to by law, or * Data was collected on a child under the age of 16 (a minor). <ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalized obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader European Union initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not solve the new problem that AI is creating. However, there is new European legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] e85776wce2jw88qzqwmvqmhvuzd66px 2809225 2809223 2026-05-14T16:28:25Z OliviaC1212 3052301 /* Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation */ 2809225 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling * Requirements for online marketplaces to assess and stop risks involving services or products * Requirements for publishing transparency reports The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual, * Employment or social media requires processing by law, * Vital interests, * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards), * The individual made the data public, * Court proceedings, * A substantive public interest is involved, * Medical purposes with strict confidentiality, * Public health requirements, or * Processing required for archiving purposes in public interest.<ref>''Id.''</ref> Protection of biometric data is enforced by the DPA, which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantee the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Privacy law in the Netherlands’ recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the DPA, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected, * A person withdraws consent to the data being used, * A person objects to the use of their data, * An organization does not comply with privacy rules and laws regarding their use of personal data, * An organization is required to by law, or * Data was collected on a child under the age of 16 (a minor). <ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalizes obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader EU initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not fully solve the new problem that AI is creating. However, there is new EU legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and personal expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to advance and develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] krtchgs92vb5h46vj8v1fkrkn6ccawz 2809226 2809225 2026-05-14T16:29:10Z OliviaC1212 3052301 /* Digital Services Act (DSA) */ 2809226 wikitext text/x-wiki == 1. Sources of Netherlands Communication Law == [[File:Flag of the Netherlands.svg|thumb|This is a picture of the national flag of the Netherlands. 2005.]] In the Netherlands, the goal of communications law is to balance the freedom of expression with the protection of privacy and property rights.<ref>{{Cite web|url=https://lawandmore.eu/blog/understanding-media-law-in-the-netherlands/|title=Understanding Media Law In The Netherlands|date=2025-11-23|language=en-GB|access-date=2026-02-24|website=Law & More Attorneys}}</ref> The key principles of Dutch communications law are the freedom of expression, fair market competition, and the safeguarding of people’s privacy and data.<ref>''Id.''</ref> Not only does national Dutch law apply and influence communications law, but so does international law. Dutch communications law governs internet services, data protection, government power, telecommunication networks, and more. This section will look into the governmental structure of the Netherlands and hierarchy of laws that govern communications law in the Netherlands. === '''Governmental Structure and Key Governmental Bodies''' === The government in the Netherlands is made up of three main bodies consisting of a Monarch, the States General, and the Council of Ministers.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> There are also more localized versions of the government. As a constitutional monarchy, the constitution governs, and the monarch has limited power in the government. The monarch's power is largely ceremonial in nature. There are two houses in the Dutch parliament, the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).<ref>{{Cite web|url=https://www.welcome-to-nl.nl/living-in-the-netherlands/politics-and-government|title=Politics and Government|website=Welcome to Netherlands|access-date=2026-02-24}}</ref> The House of Representatives is regarded as the more important of the two houses because this house can introduce and propose legislation, as it has done with many communications laws, as well as amend bills. The Senate then approves or rejects bills.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=|access-date=2026-02-24}}</ref> In both houses, members are elected. There are 150 members in the House of Representatives and 75 members in the Senate. <ref>''Id.''</ref> In addition to the Dutch Parliament, the local governments are the next highest level of government and consist of local authorities. These authorities translate national policies, including communications policies, into forms appropriate for the needs of their regions. <ref>''Id.''</ref> They exist in the 12 provinces in the Netherlands and are governed by municipal executives. These executives are chosen by the central government and a council whose members are elected every four years.<ref>''Id.''</ref> === '''Regulatory Sources of Netherlands Communications Law''' === In the Netherlands, there are many supervisory and regulatory authorities that are in charge of overseeing compliance and enforcing requirements related to data protection and media.   The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the Netherland’s national authority that is located in the Hague and enforces the EU General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://noyb.eu/en/project/dpa/ap-netherlands|title=AP (The Netherlands) {{!}} noyb.eu|date=2023-12-14|website=Noyb|language=en|access-date=2026-02-24}}</ref> The main goal of the Dutch Data Protection Authority is to protect users’ privacy rights and to promote transparency between consumers and telecom companies. The Dutch Media Authority (Commissariaat voor de Media) is the authority that is responsible for ensuring compliance with the Media Act 2008 for both commercial and national public media providers. The goal of this authority is to ensure that media remains diverse and accessible to all viewers, with the ultimate goal being to “support the freedom of information in [Dutch] society.”<ref>{{Cite news|url=https://www.cvdm.nl/english-summary-dutch-media-authority/|title=English Summary Dutch Media Authority|work=Commissariaat voor de Media|access-date=2026-02-24|language=nl-NL}}</ref> Another goal of this authority is to promote fair competition between both public and private media providers.<ref>''Id.''</ref> The Dutch Media Authority is overseen by a Board of Commissioners and contains three members.<ref>''Id.''</ref> The National Digital Infrastructure Inspectorate (RDI) has a main objective of ensuring that communication networks remain available and accessible to consumers.<ref>{{Cite web|url=https://www.rijksinspecties.nl/over-de-inspectieraad/over-de-rijksinspecties/agentschap-telecom-at|title=National Inspectorate for Digital Infrastructure|website=Rijksinspectie Digitale Infrastructuur (RDI)|language=nl|access-date=2026-02-24}}</ref> This is done through the supervision of technical infrastructure, such as antennas and cabling, the oversight of network security, infrastructure to protect against cyber-attacks, and the supervision of devices. This includes devices such as smart home technologies and Wi-Fi routers to ensure they function properly and are not susceptible to hacking or digital security threats.<ref>''Id.''</ref> === '''International Source of Netherlands Communications Law: European Union (EU) Law''' === Currently, there are twenty-five member states in the European Union. These states cooperate in trade, social policy, and foreign policy.<ref>{{Cite web|url=https://law.duke.edu/ilrt/int_orgs_5.htm|title=European Union|website=Duke Law|publisher=|access-date=2026-02-24}}</ref> The Netherlands have been a member of the EU since January 1, 1958.<ref>{{Cite web|url=https://european-union.europa.eu/principles-countries-history/eu-countries/netherlands_en|title=Netherlands|website=European Union|publisher=European Union|language=|access-date=2026-02-24}}</ref> Although the Netherlands have their own national laws, as a member-state, the Netherlands has considered and subsequently adopted many EU legislative proposals,<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=The Netherlands and Developments Within the European Union (EU)|last=|first=|date=2022-01-07|website=Government of the Netherlands|publisher=|language=en-GB|access-date=2026-02-24}}</ref> including the below. ==== '''<u>EU Electronic Communications Code (EECC)</u>''' ==== The Netherlands implemented the EECC on March 12, 2022, with practically all EECC implementation act provisions put into place (aside from a few e-privacy provisions).<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> This code applies to all electronic communications networks and services. One of the very important features of the EECC is its requirement for universal access to fundamental communication services and the affordability of these services. The EECC also focuses on protecting consumers when they communicate, either by text message, phone call, or email.<ref>{{Cite web|url=https://digital-strategy.ec.europa.eu/en/policies/eu-electronic-communications-code|title=EU Electronic Communications Code|date=January 21, 2026|website=European Commission|publisher=|language=en|access-date=2026-02-24}}</ref> This is done primarily by ensuring tariff transparency, increasing emergency communications, providing for precise caller location, and ensuring equal access to electronic communications for users with disabilities.<ref>''Id.''</ref> The EECC’s key amendments include, but are not limited to:<ref>{{Cite web|url=https://www.squirepattonboggs.com/our-expertise/services/regulation-risk-compliance/communications/european-electronic-communications-code-transposition-status/|title=European Electronic Communications Code – Transposition Status|date=July 23, 2025|website=Squire Patton Boggs|language=en|access-date=2026-02-24}}</ref> * providing equal access for consumers and users, * giving access to the European emergency number, * widening telecommunications regulations, * establishing universal service requirements, and * specifying transparency requirements that providers must adhere to. ==== '''<u>Digital Services Act (DSA)</u>''' ==== The DSA ([https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng Regulation (EU) 2022/2065]) is an EU regulation that came into effect on November 16, 2022. In the Netherlands, the DSA has been implemented through what is known as the Implementation Act on the Digital Services Regulation (Uitvoeringswet Digitaledienstenverordening).<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> This act creates rules for online providers such as providers for social media, internet, search engines, and marketplaces that typically store and utilize user information in some capacity.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/about-the-ap/digital-services-act-dsa|title=Digital Services Regulation (DSA)|website=Autoriteit Persoonsgegevens (AP)|access-date=2026-02-24}}</ref> The main goals of the DSA are to protect user expression and information, increase user safety, and increase transparency.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> To do this, some of the main articles of the DSA include:<ref>{{Cite web|url=https://www.deloitte.com/nl/en/services/legal/perspectives/legal-implications-of-the-digital-services-act.html|title=Legal implications of the Digital Services Act|date=November 22, 2023|website=Deloitte Netherlands|language=en|access-date=2026-02-24}}</ref> * Requirements for transparency in ads and limiting advertising to minors based on profiling, * Requirements for online marketplaces to assess and stop risks involving services or products, and * Requirements for publishing transparency reports.<ref>''Id.''</ref> The articles of the DSA are enforced in the Netherlands by the Authority for Consumers and Markets (Autoriteit Consument & Markt). The ACM can impose fines and penalties if it finds a provider or platform that has violated the DSA.<ref>{{Cite web|url=https://www.eversheds-sutherland.com/en/switzerland/insights/the-digital-services-act-in-the-netherlands|title=The Digital Services Act in the Netherlands|date=December 2, 2025|website=Eversheds Sutherland}}</ref> === '''National Sources of Netherlands Communications Law''' === ==== '''<u>Constitution of the Kingdom of the Netherlands (Grondwet)</u>''' ==== The Constitution of the Kingdom of Netherlands, also known as the Grondwet, is the legal foundation of Netherlands law and is the highest legal authority in the Netherlands.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=About the Government|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Netherlands is a constitutional monarchy, where the powers of the Dutch monarch are defined and regulated by the Constitution.<ref>{{Cite web|url=https://www.royal-house.nl/topics/themes/monarchy|title=Monarchy|last=|first=|date=2016-01-14|website=Royal House of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution was first written in 1814, but the version that currently governs is from 1983.<ref>{{Cite web|url=https://www.government.nl/government/about-the-government|title=Constitution and Charter|last=|first=|date=2022-01-07|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> The Constitution emphasizes fundamental liberties such as the freedom of expression, the right to privacy, and the right to receive equal treatment. The Constitution also describes the organization of the Dutch government system.<ref>''Id.''</ref> ==== '''<u>National Statutory Sources</u>''' ==== There have been two notable national statutes enacted by Parliament that govern and regulate the entirety of Netherlands communications law as described below. '''(1) Telecommunications Act (Telecommunicatiewet):''' The Dutch Telecommunications Act is the primary legislation that regulates telecommunication, including networks and public providers. The Act has authority over a broad range of communications networks and public communications services.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Library of Congress}}</ref> It mandates that providers protect personal data and information as well as requiring transparency from providers to adequately inform users of any security risks.<ref>''Id.''</ref> '''(2) The Temporary Government Digital Accessibility Decree (tBDTO):''' The [https://wetten.overheid.nl/BWBR0040936/2018-07-01 tBDTO] enforces the Dutch government’s Cabinet policy on accessibility, which requires government digital services to be accessible to all people such that no one is excluded from using online government platforms.<ref>{{Cite web|url=https://www.digitaleoverheid.nl/overzicht-van-alle-onderwerpen/digitale-inclusie/digitaal-toegankelijk/beleid/|title=Cabinet Policy on Accessibility|website=Netherlands Digital Government|language=nl-NL|access-date=2026-02-24}}</ref> The tBDTO requires that online platforms and apps comply with Web Content Accessibility Guidelines (WCAG), level A and AA.<ref>''Id.''</ref> This is done by ensuring that websites and apps have for example “sufficient color contrast in text, descriptive alt text for images, and the ability to operate functions with the keyboard.”<ref>''Id.''</ref>  Every government agency is tasked with meeting these requirements, and the Ministry of the Interior oversees compliance with them. === '''Provincial (Regional) Sources of Netherlands Communications Law''' === The Netherlands is a unitary state,<ref>{{Cite web|url=https://euler.euclid.int/what-is-a-unitary-state-the-case-of-the-netherlands/|title=What is a Unitary State? The Case of the Netherlands.|last=|first=|date=2023-08-22|website=EFMU: The Euler-Franeker Memorial University and Institute|language=en-US|access-date=2026-02-25}}</ref> meaning that there is a centralized telecommunications law framework rather than fragmented regional or provincial policies. As a result, national laws primarily govern the 12 provinces, leaving little room for independent regional communication regulations. Most provincial regulations consist of more limited aspects of Dutch telecommunications law such as permits or infrastructure planning. For example, certain provinces, including Utrecht and Gelderland, have enacted regulations concerning the construction of large cell towers and the locations of such towers. === Conclusion === In conclusion, communications law in the Netherlands is governed by multiple legal sources at different levels. European Union law has the most influential role, due to the Netherlands being a member state, as all of the Netherlands provinces are bound by EU directives and regulations. At the level below, national law also maintains a central role in regulating communications law throughout the country. As a result, regional authorities have much more limited powers, most often dealing with more localized issues that involves permits, zoning, and planning. Thus, communications law in the Netherlands is largely shaped and governed by EU and national law, with regional law serving a more limited and supportive role. == 2. Principles of Communication Law and Media == === ACM Policies and Priorities === The Authority for Consumers & Markets or the Autoriteit Consument & Markt (ACM) is the primary independent regulator in the Netherlands that executes statutory obligations on behalf of the government.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> Telecommunication networks and services must register with the ACM if that telecommunications service “provide[s] public electronic communications networks… provide[s] public electronic communication services” or constructs facilities that support either.<ref>{{Cite web|url=https://business.gov.nl/regulations/requirements-telecom-providers/|title=Requirements for Telecom Providers|last=|first=|website=Netherlands Enterprise Agency|language=en|access-date=2026-02-24}}</ref> The ACM ensures there is fair competition between companies, enforces communications laws to protect consumers, and fines companies if they are not in compliance.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do|title=What We Do|website=Authority for Consumers and Markets}}</ref> The main goals of the ACM, which largely reflect the policy goals of Dutch communications law are described below. ==== '''<u>Protecting Consumers</u>''' ==== Consumer protection is essential and has been deemed a central policy goal by the ACM due to the Netherlands' extensive telecommunications coverage. More than 98% of citizens have access to 5G mobile service, and around 90% of homes have fibre internet available.<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> To protect consumers and meet this goal, the ACM has developed a website to inform consumers of their rights and how to assert those rights.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> The website is called the [https://www.consuwijzer.nl ConsuWijzer] and is devoted to informing consumers about their internet, phone subscriptions, terms and conditions, warranties for broken products, and answering questions regarding fibre optics.<ref>{{Cite web|url=http://www.consuwijzer.nl/|title=Information About Your Rights as a Consumer|last=|first=|website=Authority for Consumers and Markets|language=nl-NL|access-date=2026-02-24}}</ref> Also directly on the website, people can submit problems or issues to the ACM so that the ACM can review and resolve any issues, including legal issues.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/mission-and-duties|title=Missions and Duties|website=Authority for Consumers and Markets}}</ref> When investigating the reports, the ACM utilizes a prioritization system where they prioritize the cases that have the highest economic harm and importance to society to ensure they solve the most impactful issues first.<ref>{{Cite web|url=https://www.acm.nl/en/about-acm/what-we-do/our-powers|title=Our Powers|website=Authority for Consumers & Markets}}</ref> During investigations to determine if a business has in fact violated any of the ACM's rules, such as if a company lacks appropriate data protection systems for consumers, the ACM officers are able to request such information from businesses, demand the requisite documents, raid homes or businesses, and take the data they need.<ref>''Id.''</ref> However, privileged information between attorneys and clients stays privileged and will not be included in ACM investigations.<ref>''Id.''</ref> One prominent ACM case occurred in March 2024 against Global Marketing Bridge B.V. due to misleading telephone sales calls for energy contracts. Customers were not being properly informed of the purpose of the call and were falsely misled by the company's sales representatives. Due to this deceptive practice, the business was fined €400,000. This fine was intended to ensure the safety of customers who were receiving these calls and to stop the company from continuing these deceptive sales practices.<ref>{{Cite web|url=https://www.taylorwessing.com/en/insights-and-events/insights/2025/02/most-notable-consumer-law-cases-acm-2024|title=Most notable consumer law cases ACM 2024|date=2025-02-28|website=www.taylorwessing.com|language=en|access-date=2026-05-11}}</ref> ==== '''<u>Ensuring Fair Competition</u>''' ==== Another main goal of the ACM is to ensure that there is fair competition between telecommunication companies. This is because “[f]air competition between businesses promotes innovation, improves quality, and lowers prices.”<ref>''Id.''</ref> To do this, the ACM has many requirements businesses must adhere to, such as requiring that they are notified when large businesses and corporations want to merge, so that they can assess the impact this will have on market competition and either allow or stop the merger from happening.<ref>''Id.''</ref> The ACM also investigates any illegal agreements and allows for consumers to notify the ACM of any issues regarding competition. The ACM's objective of ensuring fair competition is especially crucial in the Netherlands. This is due to the fact that Dutch telecommunications is dominated by three major providers: VodafoneZiggo Group B.V (“Vodafone”), Odido Netherlands (“Odido”) and Koninklijke KPN N.V. (“KPN”).<ref>{{Cite web|url=https://www.mordorintelligence.com/industry-reports/netherlands-telecom-market|title=Netherlands Telecom MNO Market Size & Growth Trends, 2031|date=2026-01-16|website=Mordor Intelligence|language=en|access-date=2026-02-25}}</ref> KPN is the leader in connectivity, with about a 40% broadband share (earning extra revenue from Towerco).<ref>''Id.''</ref> Vodafone is widely popular but has recently lost around 31,000 broadband users in early 2025.<ref>''Id.''</ref> Odido, however, provides the fastest 5G speeds. Competition among these providers centers on improving network quality and offering strategic bundled services.<ref>''Id.''</ref> These companies also exemplify the importance of the ACM's role in promoting fair competition and emphasize why this principle is so important to Netherland's communications law given the concentrated telecommunications market. === '''Prominent Decisions and Cases''' === In 2021 a Dutch court upheld the ACM’s finding that Apple, a prominent technology company, had abused its power and “dominant position by imposing unfair conditions on providers of dating apps in the App Store.”<ref>{{Cite web|url=https://www.reuters.com/sustainability/boards-policy-regulation/dutch-court-confirms-apple-abused-dominant-position-dating-apps-2025-06-16/|title=Dutch Court Confirms Apple Abused Dominant Position in Dating Apps|date=June 16, 2025|website=Reuters}}</ref> The court made clear that the ACM had correctly found that Apple had unfair payment terms for dating apps, requiring users to use Apple’s own system, and fined Apple €58 million.<ref>''Id.''</ref> This reflects the Netherland's commitment to protecting consumers interests and rights against large companies. In a separate dispute, the ACM fined LG Electronics Benelux Sales €8 million for illegal price-fixing agreements with large retailers.<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-fines-lg-illegal-price-fixing-agreements-involving-television-sets|title=ACM Fines LG for Illegal Price-Fixing Agreements Involving Television Sets|website=Authority for Consumers and Markets}}</ref> The ACM found that this practice interfered with competition between retailers and led to television sets not being sold at competitive prices, increasing costs for customers.<ref>''Id.''</ref> This decision made clear that retailers have an obligation to make and monitor their own retail prices and that suppliers have an obligation to not pressure retailers into fixed prices. The ACM also reached a decision in a dispute between Vodafone, a telecommunications provider, and Aegon, an insurance company, over jointly using an antenna on a building owned by Aegon. The ACM held that Aegon must “agree to the joint use under market-based and non-discriminatory conditions and fees.”<ref>{{Cite web|url=https://www.acm.nl/en/publications/acm-mandates-aegon-accept-joint-use-antenna-site-its-building-alphen-aan-den-rijn#:~:text=Background,joint%20use%20of%20antenna%20sites|title=ACM Mandates Aegon to Accept Joint Use of Antenna Site on its Building in Alphen aan den Rijn|website=Authority for Consumers and Markets}}</ref> The ACM reasoned this is required by the Telecommunications Act.<ref>''Id.''</ref> As part of their decision, the ACM also determined the fee and conditions that would be set and which must be adhered to by Aegon.<ref>''Id.''</ref> === Conclusion === Overall, the principles of communications law in the Netherlands are largely shaped by the ACM, the country's primary independent regulator. The ACM's policies exemplify the Netherland's broader priorities for telecommunications and focus on two key priorities: protecting consumer safety and ensuring fair competition among telecommunications providers. To protect consumers, the ACM is essential in providing widespread internet and fiber optics access to individuals and allows for consumers to easily submit complaints or reports issues. It also maintains fair market competition by investigating and stoping companies from dominating the market or manipulating price points. The cases discussed above demonstrate how the ACM actively enforces these two principles and ensures that telecommunications in the Netherlands has market competition and consumer protections. == 3. Censorship and Violent Content == In the Netherlands, the freedom of expression is a constitutionally protected fundamental right. However, carefully targeted laws and bans as explained below impose restrictions aimed at regulating media and censoring violent content. === '''Freedom of Expression''' === The Freedom of Expression in the Netherlands is protected by both the Dutch Constitution (as described in Article 7) and international law such as that from the European Union and the European Convention on Human Rights. [[File:Grondwet van het Koninkrijk der Nederlanden.jpg|thumb|This picture is of the Dutch Constitution (Grondwet). The photographer of this photo is Vera de Kok, 2018. ]] Article 7 of the [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Dutch Constitution (Grondwet)] explicitly establishes that:<blockquote>1.     “[n]o one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.”<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 7|website=Government of Netherlands}}</ref> 2.     “[r]ules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.”<ref>''Id.''</ref> 3.     “[n]o one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.”<ref>''Id.''</ref></blockquote>As detailed above, the constitution guarantees the freedom of expression, meaning that the government may not generally limit or restrict speech.<ref>{{Cite web|url=https://www.government.nl/topics/discrimination/prohibition-of-discrimination.|title=Prohibition of Discrimination|website=Government of the Netherlands}}</ref> The constitution rejects prior censorship, requiring no prior permission before one publishes a thought or opinion. However, the freedoms in Article 7 are still subject to Article 1, which prohibits any form of discrimination (political, religious, sex, etc.,) and courts still balance Article 7 against Article 1. Furthermore, censorship is not allowed, but in certain circumstances as discussed in the follow sections, limited censorship may be permitted in specific circumstances (such as the protection of minors).<ref>''Id.''</ref> The Netherlands is also a part of the [https://www.echr.coe.int/documents/d/echr/convention_ENG European Convention on Human Rights] (ECHR). As a member of the ECHR through ratifying the human rights agreements laid out in the ECHR, violations of human rights may be brought to the European Court of Human Rights (ECtHR). Article 10 of the ECHR protects the freedom of expression, but also lays out restrictions in the forms of one’s “duties and responsibilities” such as restrictions required of a “democratic society” and to protect people’s health and safety.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|date=|website=Council of Europe}}</ref> One case that illustrates the importance of Article 10 and the protections it provides is ''Sanoma Uitgevers v. The Netherlands,'' which was brought before the ECtHR in 2010.<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-100448|title=Sanoma Uitgevers B.V. v. Netherlands, App. No. 38224/03 Eur. Ct. H. R.|date=2010-09-14}}</ref> The facts of this case took place in 2002 when there was an illegal street race taking place in Amsterdam that was being photographed by journalist from a prominent magazine in the Netherlands called the ''Autoweek''.<ref>''Id.''</ref> Before the ''Autoweek'' released the story on the race, local police reached out to the magazine and asked that the photographs taken of the street race be surrendered due to the police's suspicion that one of the cars in the race was involved in a violent robbery previously. When the ''Autoweek'' refused, the police arrested the editor and the photographs were released to the police.<ref>''Id.''</ref> The ''Autoweek'' eventually brought the case before the ECtHR claiming their Article 10 rights, including that of the freedom of expression and the press had been violated. The Grand Chamber ultimately held that the Netherlands had violated Article 10, finding that the interference was not "prescribed by law" and was not "necessary in a democratic society" as Dutch law did not have the necessary procedural safeguards to protect journalists prior to disclosure orders being enforced by the police.<ref>''Id.''</ref> The Court further held that "an interference cannot be compatible with Article of the convention unless it is justified by an overriding requirement in the public interest."<ref>''Id.''</ref> Here, that balancing failed and as a result, these actions were found not to be "prescribed by law" or "necessary in a democratic society" and thus, Article 10 was violated.<ref>''Id.''</ref> This decision emphasized the idea that there are important safeguards that protect the freedom of expression and the press and that any interference on these rights must be necessary for a democratic society and authorized by the law.<ref>''Id.'' (the ECtHR explained that interests that may be necessary of a democratic society include national security interests, public safety interests, health interests, to prevent crime, and to maintain the integrity of the judicial system). </ref> The European Union also requires EU countries to comply with the rights in Article 11 of the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Charter of Fundamental Rights]. Article 11 describes the Freedom of Expression and Information. As a member of the European Union, the Netherlands is bound by its laws and regulations. === '''Criminal Regulation of Violent Content''' === In the Netherlands, the laws that regulate violent content do not broadly prohibit such content but instead target specific types of violent content. For example, prohibited content may include some types of content that may be harmful to minors or content that is aimed at promoting terrorism, incitement, or hate speech. The Dutch Criminal Code (Wetboek van Strafecht) prohibits incitement to violence under [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf Article 137(d)]. Specifically, this article criminalizes public words, writings, or images that “incite[] hatred or discrimination against men or violence against person or property on the grounds of their race, religion, or beliefs, their gender, their heterosexual or homosexual orientation or their physical, psychological or mental.”<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(d) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> If violated, punishments may result in up to one year of imprisonment or fines. Other relevant Articles include Article [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(c)] and [https://melaproject.org/sites/default/files/2019-01/The&#x20;Netherlands&#x20;Criminal&#x20;Code&#x20;-&#x20;Section&#x20;137c&#x20;and&#x20;137d.pdf 137(e)]. Article 137(c) makes it a crime to knowingly make harmful or discriminatory public statements toward a group of people based on characteristics such as race, religion, sexual orientation, beliefs, or disability.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(c) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> Article 137(e) criminalizes (beyond providing factual information) making statements or distributing materials that are offensive to a group of persons based on the characteristics described previously or incite hatred, discrimination, or violence.<ref>{{Cite web|url=https://melaproject.org/sites/default/files/2019-01/The%20Netherlands%20Criminal%20Code%20-%20Section%20137c%20and%20137d.pdf|title=Art. 137(e) Wetboek van Strafrecht (Criminal Code)|website=Memory Laws in European and Comparative Perspective}}</ref> For 137(c) and 137(e), the punishment becomes more severe if the person committing the crime has done so repeatedly or if two or more people coordinate committing the offense together. The Dutch Criminal Code and the criminal regulation of violent content have been considered in the context of the ECtHR as well as illustrated in the case of ''Glimmerveen and Hagenbeek v. the Netherlands.''<ref>{{Cite web|url=https://hudoc.echr.coe.int/eng?i=001-74187|title=Glimerveen and Hagenbeek v. The Netherlands, App No. 8348/78 8406/78 Eur. Ct. H. R.|date=1979-10-11}}</ref> This case was brought before the Court by the Dutch political party Nederlandse Volks Unie (NVU), which supported the idea of a homogeneous population and denounced racial mixing.<ref>''Id.''</ref> An applicant had been convicted under Article 137(e) of the Dutch Criminal Code for the possession of leaflets that incited racial discrimination against minority groups with the intent to distribute these leaflets.<ref>''Id.''</ref> Dutch courts found that these leaflets violated Article 137(e)'s prohibition on distributing materials that are offensive to a group of people based on race and which incite discrimination and violence.<ref>''Id.''</ref> At the ECtHR, the applicants made the argument that their conviction was a violation of Article 10 due to the speech being political speech.<ref>''Id.''</ref> The Court rejected this argument and found that the application was inadmissible, citing to Article 17 of the Convention and holding that speech that promotes racial discrimination is not protected under Article 10.<ref>''Id.''</ref> Thus, this case demonstrates how under both Dutch law and European Union law, hateful and violent political speech is not protected speech and the regulation and censorship of such speech is lawful. === '''Media Regulation: Media Act (Mediawet 2008)''' === The [https://www.government.nl/binaries/government/documenten/publications/2022/06/14/media-act-2008/Media+Act+2008.pdf Media Act] is “aimed at ensuring that everyone should have equal access to a varied and reliable range of information in all kinds of areas.”<ref>{{Cite web|url=https://www.unesco.org/creativity/en/policy-monitoring-platform/mediawet-2008-dutch-media-act|title=Mediawet 2008 (Dutch Media Act)|website=UNESCO}}</ref> The Act promotes competition in the media with both public and commercial broadcasters. The Act also sets forth that the government may not censor media content. Public broadcasters are funded by the government and have to provide educational, political, cultural, and child friendly programs.<ref>''Id.''</ref> The Act also mandates that content by public broadcasters display the diversity of society in the Netherlands through displaying politics, sports, and Dutch national celebration and remembrance days in the media.<ref>{{Cite web|url=https://www.government.nl/topics/the-media-and-broadcasting/media-act-rules-for-broadcasters-and-programming|title=Media Act: Rules for Broadcasters and Programming|last=|first=|date=2015-07-01|website=Government of the Netherlands|language=en-GB|access-date=2026-02-24}}</ref> Commercial broadcasters on the other hand do not receive government funding, and thus are able to adhere to less stringent rules than public broadcasters, but still must adhere to a few specific rules set out in the Act, such as protecting children from harmful programs.<ref>''Id.'' </ref> Public broadcasters have stricter rules than commercial broadcasters in regard to advertisements as well. There must be fewer advertisements displayed and programs may not be interrupted by commercials. Commercial broadcasters however may rely on advertising, but they may not sponsor any news programs.<ref>''Id.''</ref> The Act has a large focus on the protection of children and does so by restricting harmful content and creating time limits. Programs that are appropriate for children ages 12 and over can only be shown after 8 p.m., and programs for those ages 16 or over can only be shown between 10 p.m. and 6 a.m. These time restrictions are enforced by independent media authorities.<ref>''Id.''</ref> Lastly, the Act makes clear that “[j]ournalists and programme-makers are free to write, publish and broadcast what they wish.”<ref>''Id.''</ref> As per the Constitution and the Media act, the Dutch government may not censor or interfere with content in advance of it being displayed.<ref>''Id.''</ref> === '''Media Protections for Minors''' === The Netherlands also has a Viewing Guide called Kijkwijzer, that is managed by the Dutch Institute for the Classification of Audiovisual Media (NICAM).<ref>{{Cite web|url=https://better-internet-for-kids.europa.eu/en/rules-guidelines/viewing-guide-dutch-audiovisual-classification-system|title=Viewing Guide (Dutch Audiovisual Classification System)|website=European Union}}</ref> This guide creates 7 different categories of age ratings including: all ages, 6 years, 9 years, 12 years, 14 years, 16, years and 18 years.<ref>{{Cite web|url=https://www.kijkwijzer.nl/en/about-kijkwijzer/|title=About Kijkwijzer|website=Kijkwijzer|language=en-US|access-date=2026-02-24}}</ref> It also has seven different types of icons that explain why there is a certain age rating. The reasons include fear, discrimination, drugs, sex, bad language, dangerous acts, smoking, drinking, and violence.<ref>''Id.''</ref>  This system assists parents and guardians in ensuring that the media children are viewing is appropriate. Kijkwijzer can be found on almost all Netherlands media, with the only exception being the news or shows that are displayed live as these may not be given a rating in advance of being shown.<ref>''Id.''</ref> The age ratings also effect the times a show or movie may be broadcast. Media that is allowed for all ages, 6 years, as well as 9 years may be shown at any time.<ref>''Id.''</ref> However, those rated 12 years, 14 years, and 16 years can only be shown between 8 p.m. and 6 a.m.<ref>''Id.''</ref> Lastly, media that is rated 18 years can only be shown at late times, when children would typically be asleep, from 12 a.m. to 6 a.m.<ref>''Id.''</ref> === Conclusion === In conclusion, the freedom of expression is a fundamental value in the Netherlands, but is balanced alongside protections for public safety. The Netherlands does not allow for prior censorship, however, certain forms of speech such as those that advocate for terrorism or those that incite hate are criminally prohibited under the Dutch Criminal Code. Media regulations are also incredibly important as laws such as the Media Act require that public and private broadcasters adhere to important standards that promote many different interests such as providing educational programming, cultural shows, and showcasing diversity. The Netherlands also places significant emphasis on protecting minors as exemplified in guides such as Kijkwijzer. This guide provides age ratings and content warnings, as well as specified programming times that are more suitable for younger viewers. By having strong protections for free expression and the regulatory policies explained above, the Netherlands is a leading country in showcasing how a nation can preserve the freedom of expression while protecting the safety of its citizens. == 4. Truth, Tolerance, and Unprotected Speech == In the Netherlands, defamation may be punishable under both criminal law and civil law.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|date=2021-11-18|website=Carter-Ruck|language=en-US|access-date=2026-02-24}}</ref> To determine what constitutes defamation, Dutch courts often look to ECtHR precedent.<ref>''Id.''</ref> In the Netherlands, defamation may be in the form of verbal statements (slander) or written or published statements (libel).<ref>{{Cite web|url=https://www.maak-law.com/law-of-obligations-netherlands/defamation-libel-netherlands/|title=Defamation and Libel in the Netherlands: What International Clients Need to Know|website=Maak}}</ref> Under Dutch law, defamation “occurs when someone intentionally damages your reputation by spreading true but harmful information that attacks your good name.”<ref>''Id.''</ref> On the other hand, libel occurs when a person intentionally disseminates false information in order to harm a person. Thus, libel actions always deal with harmful ''false'' information while defamation actions can involve harmful ''true'' information.<ref>''Id.''</ref> === '''Defamation Under Dutch Civil Law''' === The Dutch Civil Code, [http://www.dutchcivillaw.com/legislation/dcctitle6633.htm Article 6:167] provides a cause of action for defamation and liability under tort law. Under this article, if a person were to publish false information, a court could order that person “to publish a correction in a way to be set by court,”<ref>{{Cite web|url=http://www.dutchcivillaw.com/legislation/dcctitle6633.htm|title=Art. 6:167, Burgerlijk Wetboek (Civil Code)|website=Dutch Civil Law}}</ref> even if the person who published the false information did not do so knowingly.<ref>''Id.''</ref> The party who brings the lawsuit is required to show proof of the defamation or slander and typically has the burden of proof.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> The court has discretion to grant different forms of relief, including monetary damages or requiring specific performance, such as removing a post or statement.<ref>''Id.''</ref> === '''Defamation Under Dutch Criminal Law''' === Dutch Criminal Law, Articles 261 through 271, pertain to defamation and libel. Under these articles, knowingly making incorrect statements that harm another is a criminal offense.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Across the provisions, a main requirement is that of intent, meaning that a person must have intentionally made false statements. Criminal cases typically involve more severe forms of defamation than civil cases. If a person wants to criminally prosecute someone else for defamation or slander, a complaint must be filed with Dutch police.<ref>{{Cite web|url=https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-netherlands/|title=Netherlands Media Law Guide|last=Kloters|first=Remco|website=Carter-Ruck}}</ref> Typically, for these types of actions prison time is rare, and the more typical punishment is that in the form of a fine or community service.<ref>''Id.''</ref> === '''European Court of Human Rights Influence''' === Defamation and slander cases within the Netherlands are heavily influenced by the ECHR, specifically [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 10] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8]. Article 8 ensures that peoples private lives and reputations are respected.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8|date=|website=Council of Europe}}</ref> Article 10 guarantees the freedom of expression, with restrictions listed under section section 2 of the article.<ref>{{Cite web|url=https://www.echr.coe.int/documents/d/echr/convention_ENG|title=Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10|website=Council of Europe}}</ref> Article 10 section 2 makes clear that any limitations to the freedom of expression must be:<blockquote>“…necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”<ref>''Id.''</ref></blockquote>In defamation and slander cases, Dutch courts apply the above articles when balancing a person’s right to protect their reputation against another’s right to the freedom of expression.<ref>{{Cite web|url=https://lawandmore.eu/blog/online-reviews-in-the-netherlands-what-is-allowed-and-when-is-it-defamation/#:~:text=Dutch%20Criminal%20and%20Civil%20Codes,of%20annual%20turnover%20for%20violations|title=Online Reviews in the Netherlands: What is Allowed and When is it Defamation?|date=December 29, 2025|website=Law & More}}</ref> Today, 68% of defamation cases in the Netherlands are due to online content given the rise in social media and how quickly a post can go viral. When balancing reputational rights and the freedom of expression, many factors are considered including where the statement was made, how it was made, its public relevance, and the intent. === '''United States Defamation Law Compared to''' '''Dutch Defamation Law''' === In the United States, there is a strong protection of the freedom of speech under the First Amendment. The notable case for defamation lawsuits in the United States is ''New York Times Co. v. Sullivan''. This case provided the “actual malice” rule which says that to succeed in a defamation lawsuit, the plaintiff (public official) has the burden of proving “that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.”<ref>{{Cite news|url=https://supreme.justia.com/cases/federal/us/376/254/|title=New York Times Co. v. Sullivan, 376 U.S. 254 (1964)|work=Justia Law|access-date=2026-02-24|language=en}}</ref> This is a high standard that plaintiffs must meet in order to win in a defamation suit in the United States, and is different than that required in the Netherlands. Unlike the United States, there is no equivalent or comparable "actual malice" standard in the Netherlands. In the Netherlands, Articles 8 and 10 of the ECHR largely govern how Dutch courts rule on defamation cases. Under Article 10, a Dutch court decides if an interference on one's freedom of expression is "prescribed by law" and necessary to a democratic society, a very different approach than that in the United States. Also, in the United States, the U.S. Supreme court does not rely on international law when interpreting defamation cases, unlike Dutch courts which rely heavily on international human rights law, and instead relies on the first amendment, U.S Supreme Court precedent, and state tort law. === Conclusion === In conclusion, defamation actions in the Netherlands are punishable under both civil and criminal law, which shows the country's commitment to protecting individuals from reputational harm. Dutch courts are bound by the ECHR, particularly Articles 10 and 8 and are influenced by the precedent of the ECtHR. These articles protect the freedom of expression while also protecting the right to a respected and private reputation. == 5. Cultural and Religious Expression == === Dutch Cultural Identity and Its Promotion === Dutch culture is often described as a 'melting pot', where the culture is shaped through the contributions of people from a wide range of religions, ethnicities, and backgrounds.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki> </ref> Historically, Holland and Amsterdam have been major hubs for foreign settlers, all of whom bring their own cultures and customs with them. As a society, the Netherlands is “home to over 200 different nationalities.”<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The cultural diversity in the Netherlands has aided in shaping a society that is tolerant, open-minded, and welcoming to all people.<ref>Day, M., de Haan, A., Sieckelinck, S., & Steketee, M. (2025). Multiple Cultural Identities and Sense of National Belonging Among Second- And Third-Generation Youth in the Netherlands. ''Identity'', 1–23. <nowiki>https://doi.org/10.1080/15283488.2025.2564856</nowiki></ref> The diversity is also represented through the many languages spoken in the Netherlands.<ref>Gobel MS, Benet-Martinez V, Mesquita B, Uskul AK. Europe's Culture(s): Negotiating Cultural Meanings, Values, and Identities in the European Context. J Cross Cult Psychol. 2018 Jul;49(6):858-867. doi: 10.1177/0022022118779144. Epub 2018 Jun 21. PMID: 30008485; PMCID: PMC6024379; Lazëri, M., & Coenders, M. (2023). Dutch national identity in a majority-minority context: when the dominant group becomes a local minority. ''Journal of Ethnic and Migration Studies'', ''49''(9), 2129–2153. <nowiki>https://doi.org/10.1080/1369183X.2022.2104698</nowiki></ref> Although Dutch is the national language of the Netherlands, English, German, and French, are very common languages. Another important cultural aspect in the Netherlands is found in social situations. In general, the Dutch are often very straightforward in the way they communicate, saying exactly what they think.<ref>''Id.''</ref> Although this may come across as rude or blunt to visitors, Dutch communication values honesty and efficiency, where everyone can share their opinions freely.<ref>{{Cite web|url=https://www.universiteitleiden.nl/en/education/international-students/studying-in-the-netherlands/dutch-culture|title=Dutch culture - Leiden University|website=www.universiteitleiden.nl|access-date=2026-04-03}}</ref> The Dutch enjoy transparency in their society and sharing their own points of view. This kind of open-mindedness and direct communication in the Netherlands is taught from an early age. In the Netherlands, cultural values are typically learned and spread through education and early socialization initiatives.<ref>Eva Brinkman and Cas Smithuijsen, ''Social Cohesion and Cultural Policy in the Netherlands,'' Canadian Journal of Communication, Vol. 27 No. 2-3, February 1, 2002, https://doi.org/10.22230/cjc.2002v27n2a1300. https://cjc.utppublishing.com/doi/10.22230/cjc.2002v27n2a1300</ref> Beginning in 1999, the Secretary of State for Culture, Rick van der Ploeg, created a new plan directed towards youths to help them access and appreciate their culture.<ref>''Id.''</ref> This plan was titled “Aciteplan Culturrbereik” or Cultural Outreach Action Plan. The action plan “stressed the importance of realizing more social cohesion through culture” and did this by introducing “different art disciplines, accommodations, and (open air) venues, artists, art gatekeepers, as well as cross relations with other policy fields like education and social welfare.”<ref>''Id.''</ref> This program also did not just introduce famous Dutch art and literature, it showcased amateur artists and newly emerging identities as well.<ref>''Id.''</ref> [[File:Canal houses and Oude Kerk at blue hour with water reflection in Damrak Amsterdam Netherlands.jpg|thumb|This is a picture of Amsterdam, where The Site is located. The photographer of this photo is Basile Morin, 2024. ]] An example of the plan’s implementation is called The Site, located in Inocaf, Amsterdam.<ref>''Id.''</ref> This is a youth information center that provides information and demonstrations to youths between the ages of 15 and 21 about Dutch culture through different workshops, presentations, and discussions. The Site also partners with the Kunstweb Institute for Art Education in Amsterdam, providing courses such as street dancing and web design to showcase modern expressions of Dutch culture.<ref>''Id.''</ref> The program is also welcoming to non-Dutch citizens, emphasizing that Dutch culture is meant to be shared with a broader population and embraced by all members of society, not just native citizens.<ref>''Id.''</ref> The Site also welcomes discussions of the future, holding a conference that lets youths provide their input on Dutch politics and how it might be improved in the future.<ref>''Id.''</ref> Another example is Fresh Academy, which is a traveling project that visits different schools in Amsterdam, delivering stand-up comedy and different types of acts.<ref>''Id.''</ref> Fresh Academy “follows the framework of the World Culture program of Cultuurnetwerk Nederland, the Dutch National Expertise Centre for Arts Education, which executed several pilot projects to stimulate cultural diversity in the field of arts education.”<ref>''Id.''</ref> Fresh Academy involves different professional performers that teach Dutch culture through theatre, focusing their teachings on Dutch values, identity, and social skills.<ref>''Id.''</ref> The Academy centers on the goal of sharing Dutch identity at a young age and providing young individuals with a sense of community through shared connections and values. === Festivals as a Form of Cultural Expression === The Netherlands has no shortage of holidays and festivals. The Netherlands celebrates many well-known holidays such as Easter, Christmas, and New Years Eve. However, there are also many holidays and festivals that are unique to the Dutch, some of which began centuries ago. These holidays and festivals foster the nations culture and attract tourists from around the world every year.<ref>Coopmans, M., Jaspers, E., & Lubbers, M. (2016). National day participation among immigrants in the Netherlands: the role of familiarity with commemorating and celebrating. ''Journal of Ethnic and Migration Studies'', ''42''(12), 1925–1940. https://doi.org/10.1080/1369183X.2016.1163219, https://www.tandfonline.com/doi/full/10.1080/1369183X.2016.1163219 </ref> The first holiday, and one of the oldest, is Sint Maarten or Saint Martin which is celebrated each year on November 11.<ref>{{Cite web|url=https://www.visitingthedutchcountryside.com/explore-the-netherlands/sint-maarten-holiday-netherlands/|title=The 11th of November Sint Maarten Tradition Explained|last=Manon|date=2023-10-10|website=Visiting The Dutch Countryside|language=en-GB|access-date=2026-04-03}}</ref> Saint Martin was a Roman soldier born in the year 316 who became a bishop and a devoted Christian after leaving the Army. It is said that he died on November 8<sup>th</sup> and was buried on November 11<sup>th</sup> in the basilica of Tours and reached heaven.<ref>''Id.''</ref> This day was originally celebrated with a mass and a large feast, but over time it has “evolved into a cheerful celebration of light, generosity, and community.”<ref>{{Cite web|url=https://allaboutexpats.nl/st-martins-day/|title=St. Martin’s Day (Sint Maarten): Celebrating as an Expat|last=Roman|first=Carla|date=2025-11-02|website=All About Expats|language=en-US|access-date=2026-04-03}}</ref> Today it is less associated with religion and has turned more into a festivity for children. It is a day where children go from door to door and sing songs while holding paper lanterns in exchange for sweets such as cookies or chocolates. A parade is also hosted in Utrecht each year to remember St. Martin. The next festival is Sinterklaas, the Dutch version of Santa Clause.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/dutch-christmas-expat-guide-sinterklaas-netherlands|title=The Dutch Christmas? An expat guide to Sinterklaas in the Netherlands|date=2022-12-03|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Sinterklaas is based on Saint Nicholas who is thought to have been a bishop that could perform miracles such as “resurrecting some young schoolchildren and saving sailors from a hurricane.”<ref>''Id.''</ref> Saint Nicholas was canonized following his death and is the patron saint of children.<ref>''Id.''</ref> Sinterklaas is said to wear traditional bishops clothing, a red cape, red hat, and carries a staff. Similar to the United States version of Saint Nicholas, called Santa Claus, he also has a book where he keeps track of the good and naughty children. Also similar to the United States, Sinterklaas leaves gifts and sweets for the children, but instead of leaving them in stockings or under the Christmas tree like in the United States, he leaves them in their shoes. The children receive these presents on Pakjesavond or “present night” which occurs on December 5<sup>th</sup>. Another holiday is Carnaval, which is celebrated primarily in the southern parts of the Netherlands. This is a three-day celebration that takes place mainly in North Brabant and Limburg.<ref>{{Cite web|url=https://www.meininger-hotels.com/blog/en/dutch-carnival/|title=Explore Dutch Carnival 2026|last=Hotels|first=MEININGER|date=2026-01-20|website=MEININGER Hotels|language=en-US|access-date=2026-04-03}}</ref> The festival features a colorful parade with puppets, floats, costumes, and dancing leading up to Ash Wednesday.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/lifestyle-news/carnival-celebrations-netherlands-carnaval-nederland|title=Carnaval 2026: A guide to carnival festival celebrations in the Netherlands|date=2020-02-05|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> An important festival, now recognized on the UNESCO Intangible Cultural Heritage of Humanity list, is the Rotterdam Summer Carnival. The main goal of this list, which was first established in 2008, is to promote intangible cultural heritages across the world and protect international diversity by bringing awareness to the heritages found on the list. The Rotterdam Summer Carnival, now an internationally recognized event, "unites participants from the Caribbean and European Netherlands, as well as ethnic minority groups from Central and South America and Africa living in the Netherlands."<ref>{{Cite web|url=https://ich.unesco.org/en/RL/rotterdam-summer-carnival-01870|title=Rotterdam Sumer Carnival|website=UNESCO Intangible Cultural Heritage}}</ref> The event involves a parade and features cultural foods and music. Another Dutch Festival recognized on the UNESCO Intangible Cultural Heritage of Humanity List is Corso culture.<ref>{{Cite web|url=https://ich.unesco.org/en/RL/corso-culture-flower-and-fruit-parades-in-the-netherlands-01707|title=Corso Culture, Flower and Fruit Parades in the Netherlands|website=UNESCO}}</ref> In the Netherlands, a Corso is a parade that happens annually that features floats decorated with vibrant fruits and flowers. This festival celebrates Corso culture, which originated in southern France and Italy and was spread to the Netherlands in the nineteenth century. [[File:Amsterdam - Koninginnedag 2009.jpg|thumb|This is a picture of King's Day, with the people who are celebrating wearing orange for the King's birthday. The photographer of this photo is Hadonos, 2009. ]] One of the most important holidays to the Dutch is Koningsdag or King’s Day, which dates back to 1885 and takes place on April 27<sup>th</sup>.<ref>{{Cite web|url=https://www.royal-house.nl/topics/monarchy/king%E2%80%99s-day|title=King’s Day {{!}} Royal House of the Netherlands|last=Affairs|first=Ministry of General|date=2014-12-22|website=www.royal-house.nl|language=en|access-date=2026-04-03}}</ref> This national holiday celebrates King Willem-Alexander’s birthday and is marked with music, dancing, and fairs. It is also customary that everyone wears something orange on King’s Day as the royal family’s name is “House of Orange.”<ref>{{Cite web|url=https://www.holland.com/global/tourism/getting-around/information/the-royal-family/kings-day-in-holland|title=King's Day: a national holiday and the ultimate Dutch party|date=2011-03-09|website=www.holland.com|language=en-EN|access-date=2026-04-03}}</ref> King’s Day is important to the Dutch as it represents national pride and unity, with the whole of the country celebrating this holiday. The last major holiday is Liberation Day, which occurs each year on May 5<sup>th</sup>. Liberation day is a nationally observed holiday and marks the day when the Netherlands were liberated from German occupation. The Netherlands were liberated by Canadian, British, American, Polish, Belgian, Czech, and Dutch troops.<ref>{{Cite web|url=https://www.iamexpat.nl/lifestyle/events-festivals-netherlands/liberation-day|title=Liberation Day (Bevrijdingsdag) in the Netherlands|date=2025-05-20|website=IamExpat in the Netherlands|language=en|access-date=2026-04-03}}</ref> Every province in the Netherlands has its own Liberation Day festival. Liberation Day is celebrated with parades, open-air festivals, live music, shared meals, and dancing.<ref>''Id.''</ref> === Religious Expression === In the Netherlands, religious expression and ideological choices are widely respected and protected, allowing people from many different beliefs to practice freely and express their beliefs. <ref>Temperman, J. (2022). Freedom of Religion or Belief and Gender Equality in the Netherlands: Between Pillars, Polders, and Principles. ''The Review of Faith & International Affairs'', ''20''(3), 77–88. <nowiki>https://doi.org/10.1080/15570274.2022.2111814</nowiki> https://www.tandfonline.com/doi/full/10.1080/15570274.2022.2111814#d1e112 </ref> The Netherlands does not benefit one religion over another as the “freedom of religion and belief is a key part of the Netherlands’ human rights policy.”<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-religion-and-belief|title=Freedom of religion and belief - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-10}}</ref> There is a broad range of religious diversity in the Netherlands, with 19.8% of the population belonging to the Catholic Church, 14.4% protestant, and 5.2% Muslim.<ref>{{Cite web|url=https://longreads.cbs.nl/the-netherlands-in-numbers-2021/what-are-the-major-religions|title=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|last=CBS|website=What are the major religions? - The Netherlands in numbers 2021 {{!}} CBS|language=nl-NL|access-date=2026-04-10}}</ref> 55.4% of the population reported to not be religious and the other 5.1% reported 'other'.<ref>''Id.''</ref> [[File:Westerkerk Amsterdam 20041002.jpg|thumb|This is a picture of the Westerkerk, a famous protestant church located in Amsterdam that dates back to 1620. The photographer of this photo is Kaihsu Tai, 2004. ]] Religious freedom is protected at the national level through legislation and by the Constitution. Article 6 of the Constitution protects and guarantees the freedom of religion and belief and Article 1 prohibits discrimination on religious grounds.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=The Constitution of the Kingdom of the Netherlands 2008|website=Ministry of the Interior and Kingdom Relations}}</ref> An example of this is the Mass Media law that “grants broadcasting time for churches and religious organizations.”<ref>{{Cite journal|last=Van Bijsterveld|first=Sophie|title=Religion and the Secular State in the Netherlands|url=https://original.religlaw.org/content/blurb/files/Netherlands.pdf|journal=Religion and the Secular State|pages=527}}</ref> This law ensures that religious organizations are given a platform through guaranteed broadcasting time to share their beliefs and perspectives publicly. One landmark religious freedom case was ''Staatkundig Gereformeerde Partij (SGP) v. The Netherlands'' (2012). This case was brought before the ECtHR. In this case, conflict arose when the SGP, a conservative Protestant party, argued that according to the Bible, women should not be able to hold public office and should not be able to be on candidate lists, but may still be allowed to be party members. The Dutch Supreme Court in 2010 held that SGP’s rule violated the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ordered that there be action to end this discrimination, even if it was rooted in religious explanations. <ref>''Staatkundig Gereformeerde Partij v. Netherlands,'' Application No. 58369/10 (European Court of Human Rights, July 10, 2012). </ref>The SGP then brought this case before the ECtHR, holding that the decision violated their right to religious freedom under Articles 9 and 11 of the ECHR. However, the Court dismissed the case, holding that the complaint was “manifestly ill-founded and must be rejected.”<ref>''Id.''</ref> This case exemplified that religious freedoms are protected, but they cannot be used to diminish gender equality. In another case, ''De Wilde v. Netherlands'', a plaintiff, who was a follower of the Church of the Flying Spaghetti Monster, wanted to wear a colander on her head in her driver’s license photos.<ref>''De Wilde v. Netherlands,'' Application No. 9476/19 (European Court of Human Rights, November 9, 2021). </ref> She argued that her religion required it, however, Dutch authorities did not allow her to do so as Pastafarianism was not a recognized or protected religion.<ref>''Id.''</ref> This case eventually reached the ECtHR where the Court sided with Dutch authorities.<ref>''Id.''</ref> The Court held that for Article 9 protections to apply, a belief must show enough seriousness and cohesion and found Pastafarianism was more so a form of satire rather than a true religion.<ref>''Id.''</ref> Due to this, wearing a colander was not a protected religious expression and the application was found inadmissible.<ref>''Id.''</ref> Despite how accepting the Netherlands is of other religions and beliefs, this case exemplifies how a religion must actually be recognized and serious to gain protections. === Conclusion === In conclusion, Dutch culture is often described as a melting pot that is shaped by many different cultures and traditions as diversity is celebrated in the Netherlands. Festivals play a large role in Dutch cultural expression, consisting of many important holidays such as Sint Maarten and internationally recognized festivals such as the Rotterdam Summer Carnival, recently included on the UNESCO Intangible Cultural Heritage list. Furthermore, religious expression is strongly protected under Articles 1 and 6 of the Dutch Constitution, which provide for the freedom of religion and equality. However, legal precedent has shown that religious practice may not be used to undermine gender equality or allow for discrimination against others, and only recognized religions receive protection. In sum, cultural and religious expression are both incredibly important to the Netherlands and are a protected part of Dutch society. == 6. Privacy and Data Protection == === '''General Data Protection Regulation (GDPR)''' === The Netherland’s data-protection and privacy are governed by the General Data Protection Regulation (GDPR).<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> The GDPR has a broad scope and applies to all forms of personal data, which is defined as “any information that relates to an identified or identifiable living individual.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> Examples include home addresses, names, surnames, email addresses, IP addresses, a cookie ID, and more.<ref>''Id.''</ref> The GDPR is designed to regulate and protect people’s personal data and privacy. It was put into effect on May 25, 2018 and creates strict obligations for telecommunications providers, digital services, and internet sources. It applies to all businesses and organizations that use and process people’s personal data, directly or indirectly.<ref>{{Cite web|url=https://business.gov.nl/regulations/protection-personal-data/|title=Protection of personal data (GDPR)|last=RVO|first=Netherlands Enterprise Agency|website=business.gov.nl|language=en|access-date=2026-04-10}}</ref> This includes, “the collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.”<ref>{{Cite web|url=https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en|title=Data protection explained - European Commission|website=commission.europa.eu|language=en|access-date=2026-04-10}}</ref> As described above, the GDPR has a broad scope and regulates many different areas of data-protection and privacy in the Netherlands. === '''GDPR Implementation and Enforcement''' === Due to the GDPR being an EU regulation, unlike a directive, once implemented it became directly applicable to all citizens of the member-states of the EU, including the Netherlands. The GDPR Implementation Act (Uitvoeringswet AVG or Implementation Act), is the national implementation of the GDPR in the Netherlands. Compliance with the GDPR is managed by the Dutch Data Protection Authority (DPA). The DPA is overseen by a Chairman who is appointed for a six-year term, two Commissioners who are appointed for a four-year term, and special members also appointed for four-year terms.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> The DPA is given the authority to impose penalties and fines for GDPR violations. ==== '''<u>DPA Administrative Decisions</u>''' ==== The DPA has actively enforced the GDPR by issuing fines and penalties against numerous organizations. For example in one decision in April 2018, the DPA issued €460,000 in fines on the Haga Hospital due to the hospital not adequately protecting their medical records and sensitive patient information.<ref>{{Cite web|url=https://www.osborneclarke.com/insights/the-ap-imposes-its-first-gdpr-fine-on-a-dutch-hospital|title=The AP imposes its first GDPR fine on a Dutch hospital|website=www.osborneclarke.com|language=en|access-date=2026-04-10}}</ref> There was no two-factor authentication, which the DPA deemed to be a requirement for this type of personal data and thus found the hospital to be in violation of the GDPR.<ref>''Id.''</ref> One of the most notable DPA decisions occurred in April 2022 when the DPA fined the Dutch Tax Authority €3.7 milllion "for the illegal processing of personal data within their fraud signaling facility."<ref>{{Cite web|url=https://www.didomi.io/blog/privacy-law-netherlands|title=What is the privacy law in the Netherlands {{!}} Didomi|website=www.didomi.io|language=en-US|access-date=2026-04-10}}</ref> The facility had lists of people that the Dutch Tax Authority tracked due to ongoing concerns of fraud, but had no legal basis to hold onto or process such data.<ref>''Id.''</ref> In another decision occurring in December 2011, an official investigation was launched by the DPA against TomTom N.V., a technology and consumer electronics company that creates digital maps and provides real-time navigation using traffic information. The investigation revealed that TomTom had been giving their geolocation data collected by GPS sensors to commercial third parties. However, the DPA held that the data collected by TomTom could not be “reasonably directly or indirectly traced to natural persons, either by TomTom or another party” and thus it was not considered personal data that would constitute a breach.<ref>{{Cite web|url=https://stuff.coffeecode.net/www.loc.gov/law/help/online-privacy-law/netherlands.php|title=Online Privacy Law: Netherlands|website=Law Library of Congress}}</ref> More recently, on August 26, 2024, the DPA fined Uber Technologies, Inc. and Uber B.V. for having violated Article 83 of the GDPR which governs intentional or negligent conduct.<ref>{{Cite web|url=https://www.willkie.com/-/media/files/publications/2024/09/dutch-dpa-fines-uber-290m-for-gdpr-data-transfer-violation.pdf|title=Dutch DPA Fines Uber €290m for GDPR Data Transfer Violation|last=Alvarez et al|first=Daniel|date=12 September 2024|website=Willkie Farr & Gallagher}}</ref> After investigations by the DPA, they found that for over 2 years, Uber lacked the necessary safeguards “for transferring EEA-based drivers’ personal data to the U.S.” <ref>''Id.''</ref> The DPA found that these violations were systematic and that less harmful alternatives were available to Uber to process data effectively. Uber was fined €290 million for this violation.<ref>''Id.''</ref> Finally, in a decision against TikTok in July 2021, the DPA fined TikTok €750,000 when they found TikTok in breach of children's privacy. This is because when children would install the App, the privacy statement was in English, and not understandable by Dutch youths.<ref>{{Cite web|url=https://www.dutchnews.nl/2021/07/dutch-privacy-watchdog-fines-tiktok-e750000-after-privacy-probe/|title=Dutch privacy watchdog fines TikTok €750,000 after privacy probe|date=22 July 2021|website=DutchNews}}</ref> The DPA found that by TikTok not providing a Dutch privacy statement that explained how TikTok collects and uses personal data, that it infringed upon the principle of privacy legislation which is "that people must always be given a clear idea of what is being done with their personal data."<ref>''Id.''</ref> '''<u>Court Cases</u>''' Similar to the above DPA administrative decisions, privacy and data protections are also overseen and enforced by the Netherland's judicial process. In the District Court of Amsterdam on September 2, 2019, the Court held that an Employee Insurance Agency, UWV, unlawfully sent information about the illness history data of a plaintiff to her new employer.<ref>{{Cite web|url=https://www.turing.law/chronicle-gdpr-case-law-may-2018-may-2020-in-the-netherlands/#_ftnref130|title=Chronicle GDPR case law May 2018 – May 2020 in the Netherlands|last=de Jong|first=Huub|date=23 September 2020|website=Turing Law}}</ref> The Court held this was a breach of the plaintiff's rights and damages were applied as per the framework set out in the GDPR. The Court awarded €250 finding that although there was a breach, the damages would be lowered as the breach did not interfere with the woman’s employment. In another case occurring on March 15, 2023, the District Court of Amsterdam held that for “almost 10 years Facebook Ireland unlawfully processed the personal data from its Dutch users.”<ref>{{Cite web|url=https://bureaubrandeis.com/dutch-court-rules-facebook-unlawfully-processed-personal-data/?lang=en|title=Dutch court rules: Facebook unlawfully processed personal data|last=Wildeboer|first=Diana|date=2023-03-17|website=Bureau Brandeis|language=en-US|access-date=2026-04-10}}</ref> This information was used for social networking and advertising.<ref>''Id.''</ref> This case was presented to the Court by the Data Privacy Sitchting and Consumentenbond against Facebook Netherlands, Inc. and Facebook Ireland Ltd. Due to the unlawful processing of personal data, the Court found these companies violated the GDPR and fines were subsequently issued.<ref>''Id.''</ref> === Conclusion === In conclusion, data protection and privacy in the Netherlands is governed and overseen by the GDPR. Compliance with the GDPR is enforced by the DPA, which verifies that companies and organizations follow the GDPR by conducting investigations and issuing fines when necessary. The Dutch judicial system also reinforces these data and privacy protections and holds companies responsible in court when violations are found. == 7. Right to Bodily, Spiritual, and Digital Identity == === '''Personal and Bodily Identity in the Netherlands''' === ==== <u>Sexuality Protections</u> ==== In the Netherlands, the right to self-determination is supported by both legal and social frameworks that protect citizen’s sexual orientations and identities. By enforcing anti-discrimination laws and fostering a society that celebrates the LGBTQIA+ community, the Netherlands have become a front runner in promoting the right to one’s personal identity. One of the most prominent anti-discrimination laws was enacted in 1994 by Parliament called the Equal Treatment Act (the Algemene wet gelijke behandeling).<ref>{{Cite web|url=https://www.law.cornell.edu/gender-justice/resource/algemene_wet_gelijke_behandeling_(equal_treatment_act)|title=Algemene wet gelijke behandeling (Equal Treatment Act) {{!}} Legal Information Institute|website=www.law.cornell.edu|access-date=2026-04-13}}</ref> This Act bans discrimination including discrimination based on “pregnancy, childbirth, or motherhood, and indirect discrimination.”<ref>''Id.''</ref> The Act also bans discrimination in employment settings such as unequal pay and pensions. This Act ensures that individuals have equal rights, regardless of their sexual orientation. [[File:K3 - Pride Amsterdam 2024.jpg|thumb|This is a picture of the Canal Parade at Pride Amsterdam in 2024.The photographer of this photo is Richard Broekhuijzen, 2024. ]] Historically, the Netherlands was not always accepting of the LGBTQIA+ community, but beginning in the 1970s, attitudes and policies began shifting significantly. After the repeal of Article 248b in 1971, homosexuality was no longer considered a “mental illness” and homosexual individuals could begin enlisting in the army.<ref>{{Cite journal|last=Jacobs|first=Laura|date=Spring 2017|title=Regulating the Reguliers: How the Normalization of Gays and Lesbians in Dutch Society Impacts LGBTQ Nightlife|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3671&context=isp_collection|journal=Independent Study Project (ISP) Collection}}</ref> In 1987, the Netherlands revealed the Homomonument, which is the world’s first public memorial remembering the persecution those in the LGBTQIA+ community endured.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Following this, a series of legislative reforms were enacted aimed at protecting LGBTQIA+ individuals and promoting equality.<ref>{{Cite journal|last=Brokke|first=Daniel|date=24 June 2024|title=Analyzing LGBTQ+ Acceptance in The Netherlands: Perspectives from inside the community|url=https://studenttheses.uu.nl/bitstream/handle/20.500.12932/47999/THESIS_DANIEL_BROKKE_MASTER_SOCIOLOGY.pdf?sequence=1&isAllowed=y|journal=Utrecht University}}</ref> This legislation consisted of the recognition of same-sex relationships in 1998 and the legalization of same-sex marriage passed by the House of Representatives and Senate in 2001.<ref>{{Cite web|url=https://www.iamexpat.nl/expat-info/dutch-news/pride-month-a-guide-pride-events-lgbtq-rights-netherlands|title=Pride month: A guide to pride events & LGBTQ+ rights in the Netherlands|date=2025-06-01|website=IamExpat in the Netherlands|language=en|access-date=2026-04-13}}</ref> Also in 2001 adoption by same-sex couples was legalized and in 2014, transgender individuals could legally change their gender on official documents such as their licenses without requiring surgery.<ref>''Id.''</ref> Today, the Netherlands has developed a strong culture of acceptance that celebrates the LGBTQIA+ community and openly embraces the community.<ref>''Id.''</ref> Just like the United States, pride month is celebrated in June and involves parades and events that promote equality and inclusivity.<ref>{{Cite journal|last=Collier|first=Kate L.|last2=Horn|first2=Stacey S.|last3=Bos|first3=Henny M. W.|last4=Sandfort|first4=Theo G. M.|date=2015|title=Attitudes toward lesbians and gays among American and Dutch adolescents|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4127384/|journal=Journal of Sex Research|volume=52|issue=2|pages=140–150|doi=10.1080/00224499.2013.858306|issn=1559-8519|pmc=4127384|pmid=24512056}}</ref> There are also various events that the Netherlands hosts such as Roze Zaterdag and the Amsterdam Canal Parade that promote and celebrate LGBTQIA+ acceptance and culture.<ref>''Id.''</ref> Most recently, Amsterdam has announced that it will be the host of World Pride in 2026, welcoming not just native Dutch individuals, but people from all over the world, further exemplifying the Netherland’s supportive and inclusive culture. ==== '''<u>Gender Self-Determination</u>''' ==== Alongside protections against discrimination and protections for the LGBTQIA+ community, the Netherlands is also very supportive of the right to gender identity, allowing individuals to identify the gender of their choosing. The Netherlands was one of the first countries to pass a law in favor of establishing transgender rights, namely the right to change one's registered gender, in 1985.<ref>{{Cite web|url=https://www.hrw.org/news/2013/12/19/netherlands-victory-transgender-rights|title=The Netherlands: Victory for Transgender Rights {{!}} Human Rights Watch|date=2013-12-19|language=en|access-date=2026-04-13}}</ref> However, the law required that transgender individual have to be sterilized and undergo gender-affirming surgery to change their gender.<ref>''Id.''</ref> Since then, on December 18, 2023, the Dutch Senate approved a law with 51 to 24 votes on transgender rights. The law allows for transgender individuals to officially change their gender markers on official papers and birth certificates to their preferred gender.<ref>''Id.''</ref> The previously outdated requirement for sterilization and gender-affirming surgery were taken away, showing a major step towards bodily autonomy and the right to self-determination. Under this law, anyone who is over the age of 16 can file to have their gender changed. === Spiritual Identity === Spiritual identity is another strongly protected right in the Netherlands, as the freedom of religion is guaranteed under [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 6] of the Dutch Constitution.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> This Article makes clear that individuals have the right to practice the religion of their choosing and express the beliefs that they follow. [https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf Article 1] also provides protections by prohibiting discrimination on any grounds, including religious grounds, and making clear that there must be equal treatment for everyone.<ref>{{Cite web|url=https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf|title=Gw. [CONSTITUTION] art 6|website=Government of Netherlands}}</ref> === '''Digital Identity and Biometric Data''' === ==== '''<u>Personal Data Protection</u>''' ==== The Netherlands protects peoples right to control where and how their personal identifying information (name, image, etc.) is being used online.<ref>{{Cite web|url=https://www.government.nl/topics/personal-data/data-protection|title=Data protection - Personal data - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2017-10-19|website=www.government.nl|language=en-GB|access-date=2026-04-13}}</ref> If any breach of privacy occurs, including identity theft, fraud, or financial loss, the Netherlands requires that both the Data Protection Authority and users are notified of the breach within 72 hours. This ensures that controllers of such data are constantly monitoring any breach risks and that quick action can be taken to comply with the Netherland’s strict data protection laws.<ref>{{Cite web|url=https://penrose.law/en/personal-data-breaches/|title=Personal Data Breach Legal Support {{!}} Penrose Law|website=https://penrose.law/en/|language=en-US|access-date=2026-04-13}}</ref> '''<u>Biometric Data Protection</u>''' The Netherlands enforces GDPR rules, which heavily protect and regulate individuals’ sensitive biometric data. Under Article 9 of the GDPR, biometric data is treated as a separate, special category of data due to how high-risk this data can be. This is because “a breach involving biometric data has irreversible consequences… [i]f data is compromised, it creates a permanent risk of identity theft and fraud for that person.”<ref>{{Cite web|url=https://lawandmore.eu/biometric-data-gdpr-compliance/|title=A Guide To Biometric Data GDPR Compliance In The Netherlands|date=2026-01-05|language=en-GB|access-date=2026-04-13}}</ref> The GDPR specifically protects the following types of biometric data: fingerprints, facial recognition, iris/retina scan, voice patterns, keystroke dynamics, and gait analysis.<ref>''Id.''</ref> When used for unique identification, the GDPR has automatic protections for these categories of data. Under the GDPR there are two steps to ensure compliance if a company wants to process this type of data.<ref>''Id.''</ref> The two steps include: (1) establishing a lawful basis under Article 6 (such as through consent and necessity) and (2) adhering to the conditions set forth it Article 9.<ref>''Id.''</ref> The conditions in Article 9 allow for the processing of biometric data if any of the following conditions are applicable:<ref>{{Cite web|url=https://gdpr-info.eu/art-9-gdpr/|title=Art. 9 GDPR – Processing of special categories of personal data|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-13}}</ref> * There is explicit consent from the individual, * Employment or social media requires processing by law, * Vital interests, * Non-profit processing with a political, philosophical, religious, or trade union goal (with appropriate safeguards), * The individual made the data public, * Court proceedings, * A substantive public interest is involved, * Medical purposes with strict confidentiality, * Public health requirements, or * Processing required for archiving purposes in public interest.<ref>''Id.''</ref> Protection of biometric data is enforced by the DPA, which ensures that individuals’ digital identities are being safeguarded and can do this by imposing very heavy fines for noncompliance. The most recent decision occurred in September of 2024. The DPA fined Clearview AI €30.5 million its illegal misuse of facial recognition data.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/documents/decision-fine-clearview-ai|title=Decision fine Clearview AI|date=3 September 2024|website=AP}}</ref> The company was processing this data with no lawful basis and was found to be in violation of the GDPR.<ref>''Id.''</ref> === Conclusion === Overall, the Netherlands has become known to be a strong protector of the bodily, spiritual and digital identities of individuals. The Netherlands supports the right to self-determination and strongly enforces anti-discrimination laws in an effort to ensure that all individuals are treated equally in society. Further, the LGBTQIA+ community in the Netherlands is widely celebrated with an internationally recognized Pride parade every year, attracting hundreds of thousands of visitors each year. Spiritual identity is also protected in the Netherlands under Articles 1 and 6 of the Dutch Constitution, which guarantee the freedom of religion and prohibit discrimination based on religion. As the world is becoming increasingly online, the Netherlands also has strong protections for one's digital identity. The DPA and the enforcement of the GDPR ensures that individuals can control how their personal information is used online and ensures that biometric data is being handled according to strict standards. In conclusion, the Netherlands has displayed a substantial commitment to protecting an individuals personal identity in many forms and in forming a society that promotes equality and respect for all. == 8. The Right to Reject Information, the Right to Clothing, and Bodily Expression == === '''The Right to Reject Information''' === ==== <u>Anti-Spam Legislation</u> ==== In the Netherlands, anti-spam legislation is governed by Article 11.7 of the Dutch Telecommunications Act.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/internet-and-smart-devices/advertising/digital-direct-marketing#:~:text=addressed%20to%20companies-,Rules%20for%20digital%20direct%20marketing,opportunity%20to%20raise%20an%20objection.|title=Digital direct marketing|date=9 April 2025|website=Autoriteit Persoonsgegevens}}</ref> Under the Act, explicit consent by an individual is required for an organization to send any unsolicited digital direct marketing including emails, text messages, and messages through apps.<ref>''Id.''</ref> This legislation works by requiring an opt-in and opt-out approach, where an individual must choose to receive messages and can subsequently unsubscribe from receiving them. The only exception to this rule is that a company does not have to ask for consent if the individual is already an existing customer.<ref>''Id.''</ref> ==== <u>The Right to Erasure</u> ==== Privacy law in the Netherlands’ recognizes the right to erasure, also known as the ‘right to be forgotten’ which refers to an individual’s right to have their personal data erased.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> An individual may request that an organization deletes their personal data by reaching out to that company directly, in which the company has one month to respond.<ref>''Id.''</ref> The right to erasure is codified in Article 17 of the GDPR.<ref>European Union. (2016). ''Regulation (EU) 2016/679 (General Data Protection Regulation),'' Art.17''.'' https://gdpr-info.eu/ </ref> Under this Article, and enforced by the DPA, entity’s are required to erase a person’s data and may not process the data any longer in the situations below:<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> * An organization does not need the data any longer for the purpose in which it was collected, * A person withdraws consent to the data being used, * A person objects to the use of their data, * An organization does not comply with privacy rules and laws regarding their use of personal data, * An organization is required to by law, or * Data was collected on a child under the age of 16 (a minor). <ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> Due to the increase in the amount of data that can be collected online, privacy law in the Netherlands takes on a protectionist role, ensuring that individuals can control how and where their data is being used. Organizations must inform individuals on what data is being processed and subsequently adhere to requests to remove that data if consent to use it has been taken away.<ref>{{Cite web|url=https://www.autoriteitpersoonsgegevens.nl/en/themes/basic-gdpr/privacy-rights-under-the-gdpr/right-to-erasure|title=Right to erasure|website=Autoriteit Persoonsgegevens|language=en|access-date=2026-04-14}}</ref> The GDPR also has child specific safeguards to protect their personal information due to children being a higher-risk category of individuals as they may not be aware of the risks of their personal data being used.<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> These safeguards include ensuring that children understand the risks and rights of their personal data by requiring that “any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”<ref>{{Cite web|url=https://gdpr-info.eu/recitals/no-58/|title=Recital 58 - The Principle of Transparency|website=General Data Protection Regulation (GDPR)|language=en-US|access-date=2026-04-14}}</ref> This way, children can be made aware of the possible dangers of companies processing their personal data and take steps to mitigate and avoid any potential harm. === Clothing and Religious Expression === [[File:Klompen (Dutch Clogs), Wooden Shoes Museum in Drenthe.jpg|thumb|This picture depicts traditional Dutch wooden shoes, called klompen. This picture is from OXLAEY.com, 2014. ]] Traditional dutch clothing, such as the wooden shoes, called klompen, characterized by their distinct bright color and shape have existed for centuries.<ref>{{Cite web|url=https://www.satra.com/bulletin/article.php?id=2558|title=The European clog – a centuries-old design|website=www.satra.com|access-date=2026-04-14}}</ref> The right to wear clothing, and to choose which clothing to wear, is protected by the freedom of expression in the Netherlands under Article 7 of the Constitution.<ref>{{Cite web|url=https://www.government.nl/topics/human-rights/human-rights-worldwide/freedom-of-expression-and-internet-freedom|title=Freedom of expression, internet freedom and independent journalism - Human rights - Government.nl|last=Zaken|first=Ministerie van Buitenlandse|date=2018-12-27|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> The right to wear religious clothing in the Netherlands is generally protected under Article 6 of the Dutch Constitution, which protects the freedom of religion.<ref>{{Cite web|url=http://www.dutchcivillaw.com/constitution.htm|title=The Constitution of the Kingdom of the Netherlands. art 6.|website=Dutch Civil Law}}</ref> As per this Article, individuals have the right to express their religion through clothing in their daily lives. While citizens are protected under this right, the right is not absolute and has been limited by recent legislation. In 2019, the Netherlands introduced the Partial Ban on Face-Covering Clothing Act,<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> popularly referred to as the ‘burqa ban’.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> The act was intended to prevent individuals from wearing face coverings in public places where it is necessary to be identifiable.<ref>{{Cite web|url=https://www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/topics/ban-on-face-coverings-referred-to-in-the-media-as-the-%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-face-coverings-entail|title=What does the partial ban on face coverings entail? - Government.nl|last=Koninkrijksrelaties|first=Ministerie van Binnenlandse Zaken en|date=2019-08-07|website=www.government.nl|language=en-GB|access-date=2026-04-14}}</ref> Face coverings includes “balaclavas, burkas, nikabs, full-face motorcycle helmets and masks.”<ref>''Id.'' (Motorcycle helmets are allowed while driving a motorcycle, but are not allowed to be worn in public places where it is necessary to be identifiable.) </ref> This partial ban on face coverings “prohibits clothing that “covers the face” from being worn in schools, hospitals, and other public buildings and public transport.”<ref>{{Cite web|url=https://www.humanrightscentre.org/blog/burqa-ban-new-law-came-effect-netherlands|title=Burqa Ban: new law came into effect in the Netherlands {{!}} Czech Centre for Human Rights and Democracy|date=2019-02-20|website=www.humanrightscentre.org|language=en|access-date=2026-04-14}}</ref> The Act has been largely criticized for being discriminatory against Muslim women who wear a burqa or niqab and a violation of the freedom of religion. Many regard this law as being far too sweeping as it severely impacts Muslim women and restricts their access to public places.<ref>{{Cite web|url=https://www.rug.nl/research/centre-for-religious-studies/research-centres/centre-religion-conflict-globalization/blog/exclusion-through-the-law-the-netherlands-burqa-ban-16-09-2019|title=Exclusion through the Law: the Netherlands’ ‘Burqa Ban’|date=2019-09-16|website=University of Groningen|language=en|access-date=2026-04-14}}</ref> Thus, while the Netherlands formally guarantees the freedom of religion, including in clothing, this freedom is subject to criticized limitations. === Legal Frameworks Governing Bodily Expression, Obscenity, and Child Exploitation === Under the Dutch Criminal Code, the regulation of public nudity and obscenity are codified and are punishable by law. Under Article 430(a) of the Dutch Criminal Code, public nudity is generally prohibited in public places, however, nudity may be permitted in locations where it is customary or socially acceptable, which is decided by the local municipality.<ref>{{Cite web|url=https://www.unodc.org/cld/uploads/res/document/nld/1881/criminal_code_english_2012_html/Criminal_Code_as_amended_2012_ENGLISH.pdf|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 430(a)|website=United Nations Office on Drugs and Crime}}</ref> By contrast, Article 239 of the Criminal Code criminalizes obscenity and is concerned with the protection of the public from being exposed to behavior that is found to be sexually explicit or morally offensive. This Article provides an outright ban on obscenity when it violates decency standards and publicly offends others.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 239|website=United Nations Office on Drugs and Crime}}</ref> The Netherlands’ emphasis on protecting the public from offensive or indecent exposure also extends to a stricter area of law that is structured around safeguarding minors. Laws governing child pornography in the Netherlands prioritizes the protection of children’s dignity, autonomy, and safety, especially given the inherent risks of the internet and how quickly pictures and information can be disseminated online. Child pornography is criminalized under Section 240 of the Dutch Criminal Code. Section 240(a) describes that any person who “supplies, offers or shows” a minor, whom they know or should reasonably know is under the age of 16, “an image, an object or a data carrier” that contains an image that may be harmful to a person of that age can be punished with up to one year in prison or a fine of the fourth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(a)|website=United Nations Office on Drugs and Crime}}</ref> Section 240(b) of the criminal code says that a person who “distributes, offers, publicly displays, produces, imports, conveys in transit, exports, obtains, possesses or accesses” an image that displays sexual acts involving a person under the age of eighteen years old will be punished by imprisonment or a fine of the fifth category.<ref>{{Cite web|url=https://www.unodc.org/cld/document/nld/1881/criminal_code.html?|title=Wetboek van Strafrecht [Dutch Criminal Code], Article 240(b)|website=United Nations Office on Drugs and Crime}}</ref> This subsection also says that a person who makes it either a habit or profession of committing any of the aforementioned offenses will be imprisoned for up to 8 years or given a fine of the fifth category.<ref>''Id.''</ref>These laws clearly establish that child pornography in the Netherlands is illegal in all forms and place a strong emphasis on the prioritization of the protection of minors. Legislation in this area of law is rapidly expanding as a result of the rise in the use of artificial intelligence ("AI”), which is currently being addressed at the national level in the Netherlands’ court system, as exemplified by the Grok AI case.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> In March of 2026, the Amsterdam District Court issued a judgment, the “first European court ruling to impose a binding injunction on an AI image generator over non-consensual sexualized content.”<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> The Court held that X and the chatbot X uses, named Grok, must immediately stop the use of Grok in generating sexual images and child pornography in the Netherlands. The Court imposed a fine of €100,000 per day until X complied with the order. The Court supported its holding by finding that the non-consensual sexual images and child pornography violated the GDPR and was unlawful under Dutch law.<ref>{{Cite web|url=https://techpolicy.press/dutch-court-orders-x-grok-to-stop-aigenerated-sexual-abuse-content|title=Dutch Court Orders X, Grok to Stop AI-Generated Sexual Abuse Content|last=Jahangir|first=Ramsha|date=2026-03-26|website=Tech Policy Press|language=en|access-date=2026-04-14}}</ref> These issues surrounding the regulation of the internet and growth in the use of artificial intelligence (“AI”) are being addressed not only at the national level in the Netherlands, but also through broader EU initiatives that the Netherlands will follow. Current legislation in the Netherlands does make it possible to take legal action against those who create, possess, and distribute explicit images, but it does not fully solve the new problem that AI is creating. However, there is new EU legislation that is currently being drafted to ban AI ‘nudify’ apps and websites which will target AI systems that can create nonconsensual sexually explicit images.<ref>{{Cite web|url=https://www.acm.nl/en/publications/dutch-regulators-dutch-police-and-dutch-public-prosecution-service-welcome-european-ban-ai-nudify-apps-and-websites|title=Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’|website=Authority for Consumers & Markets}}</ref> This ban is being firmly supported by the Netherlands Authority for Consumers and Markets, the Dutch Police, the Dutch Public Prosecution Service, and other Dutch Regulators.<ref>''Id.''</ref> While waiting for the enactment of the ban, the Dutch Police and Dutch Public Prosecution Service “will continue to handle individual reports, and assess how they can get the most out of the existing legislative framework.”<ref>''Id.''</ref> === Conclusion === In conclusion, Dutch law demonstrates a strong commitment and effort to balancing one's personal freedoms with privacy rights and the necessity to protect the public from harm. The Netherlands protects personal liberties such as the right to refuse information, the right to choose one's clothing, and the right to protect one's personal data and privacy. This has been displayed through the Netherlands' anti-spam legislation that requires explicit consent from individuals before a company may send unsolicited digital marketing communications as well as Dutch privacy law which reinforces the 'right to erasure'. Further, the right to clothing and personal expression is generally protected under Article 6 of the Dutch Constitution, which guarantees the freedom of religion and expression. However, this freedom has been proven to be not absolute, as illustrated by the Partial Ban on Face-Covering Clothing Act. Lastly, the Dutch Criminal Code regulates public nudity and obscenity to ensure public safety, with these protections becoming especially strict when minors are involved. Child pornography in all forms is heavily criminalized in the Netherlands, especially given the newfound concerns involving AI-generated images. As a whole, these laws emphasize how the Dutch legal system places strong protections on an individuals' personal autonomy and right to reject unwanted information, while also ensuring public safety and the protection of vulnerable individuals as technology continued to advance and develop. == References == [[Category:Netherlands]] [[Category:Law in Europe]] i9t5s4ggdzrqliaa3jdhqau075534q9 Media Law in the Czech Republic 0 328037 2809180 2794354 2026-05-14T14:26:12Z ~2026-29202-93 3075527 Added new section 2809180 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] dqzd7qr40acs81o795v8picu5wk8cgq 2809181 2809180 2026-05-14T14:49:32Z ~2026-29202-93 3075527 Added another section 2809181 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. ---- ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] ro47068ze6r0a36cbqn0kln9ykjm4s0 2809182 2809181 2026-05-14T14:50:12Z ~2026-29202-93 3075527 /* A. Origins of Hate Speech Law */ 2809182 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Modern Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. ---- ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] 6jcqhqothmrvyssmttv6tk0m7dznhkl 2809183 2809182 2026-05-14T14:50:39Z ~2026-29202-93 3075527 /* Media Law in the Czech Republic */ 2809183 wikitext text/x-wiki == Communications Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Modern Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. ---- ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] 2y23mzu9msae9yhw4uxfsndza7ra9wp 2809184 2809183 2026-05-14T14:50:59Z ~2026-29202-93 3075527 2809184 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Modern Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. ---- ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] 6jcqhqothmrvyssmttv6tk0m7dznhkl 2809207 2809184 2026-05-14T16:03:52Z ~2026-29202-93 3075527 Added another section 2809207 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Modern Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. = Privacy and Data Protection = == '''The Czech Legal Vanguard Against EU “Chat Control”''' == The European Union’s proposed Regulation to Prevent and Combat Child Sexual Abuse (CSAR), colloquially known as “chat control” has sparked a constitutional showdown in Central Europe.<ref>Proposal for a Regulation of the European Parliament and of the Council Laying Down Rules to Prevent and Combat Child Sexual Abuse, COM (2022) 209 final (May 11, 2022). </ref> While its proponents argue that mandated scanning of private messages is essential for child safety, the Czech Republic has emerged as a leading voice in the “blocking minority,” alongside Austria, Poland, and the Netherlands.<ref>''Analysis of the Council's Position on the Proposal for a Regulation Laying Down Rules to Prevent and Combat Child Sexual Abuse'', Council of the European Union, Doc. No. 12345/24 (2024) (noting the reservations of the Czech, Austrian, Polish, and Dutch delegations). </ref> The Czech opposition is unique not just because of political rhetoric, but because it is anchored in a domestic legal framework that has consistently prioritized “informational self-determination” over blanket state surveillance. === '''A. The Legal Conflict''' === End-to-end encryption (E2EE) is the foundational technology of modern digital privacy, designed to ensure that only the communicating users can access the content of their messages.<ref>Internet Society, ''Fact Sheet: Client-Side Scanning'' (Mar. 24, 2020) (explaining that E2EE ensures only the communicating users can access content and that CSS acts as a mechanism to go around this security before encryption occurs).</ref> E2EE is like a sealed envelope, only the sender and the receiver hold the keys to read what is inside.<ref>Id.</ref> Because this “seal” is unbreakable for law enforcement, “chat control” proponents suggest a workaround, essentially reading the letter while it is still being written on the sender’s device.<ref>Id.</ref> This is the technical heart of the “detection order,” a legal mandate that would force platforms like WhatsApp or Signal to implement client-side scanning.<ref>Proposal for a Regulation of the European Parliament and of the Council Laying Down Rules to Prevent and Combat Child Sexual Abuse, at arts. 7–11, COM (2022) 209 final (May 11, 2022) (defining the “detection order” as a legal mandate for providers to deploy automated technologies to detect illicit content).</ref> By analyzing content directly on a user’s device before it is encrypted and sent, the state can bypass the protections of E2EE without technically breaking the encryption itself.<ref>Hal Abelson et al., ''Bugs in our Pockets: The Risks of Client-Side Scanning'' (Oct. 14, 2021) (arguing that CSS bypasses the protections of E2EE by analyzing unencrypted data on the client device, thereby creating a “bulk surveillance” infrastructure). </ref> From a Czech perspective, this is a bridge too far. Czech Prime Minister Petr Fiala has stated that Czechia will not support measures that “break the privacy of millions,” framing the debate as a choice between a free society and one that resembles George Orwell’s ''1984''.<ref>The European Conservative, ''Prague Says No to Chat Control'', (Aug. 27, 2025) (quoting Prime Minister Petr Fiala: “Not by breaking the privacy of millions of people. That is dangerous and could be abused”).</ref> === '''B. The Czech Legal Precedent''' === What distinguishes Czechia’s legal stance is its robust judicial history of striking down data retention laws. This resistance is rooted in a deep historical distrust of state surveillance. After decades of monitoring by the Communist-era secret police, the 1993 Czech Constitution was designed with explicit safeguards against data collection.<ref>David Kosař, ''The Evolution and Gestalt of the Czech Constitution'', in The Max Planck Handbooks in European Public Law (Armin von Bogdandy et al. eds., 2023) <nowiki>https://justin.law.muni.cz/media/3521769/kosar-vyhnanek-jwp-3_23.pdf</nowiki>.  </ref> Article 13 of the Czech Charter of Fundamental Rights and Freedoms specifically guarantee the “secrecy of messages,” protecting private correspondence sent by mail or any “other means.”<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] art. 13 (Czech).</ref> The Act on Electronic Communications sought to require service providers to create a digital archive of users’ communications (including the source, destination, time, and location of the communications but not its content) for up to six months, accessible to the state without a specific warrant, to assist in the “prevention and detection” of crime.<ref>Zákon č. 127/2005 Sb., o elektronických komunikacích [Act on Electronic Communications] §§ 97(3), (4) (Czech).</ref> However, the Czech Constitutional Court struck down these provisions in a landmark 2011 ruling.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, publ. in: 94/2011 Sb. (Czech).</ref>The Court held that such “blanket and indiscriminate” data retention was unconstitutional. Specifically, the Court held that the law violated Article 13 of the Charter of Fundamental Rights and Freedoms, which protects the secrecy of communications, as well as Article 10(3), which guarantees constitutional protection against the unauthorized gathering, publication, or misuse of personal data. The Court noted that even without content, metadata can reveal a citizen’s private life with “90-percent accuracy.”<ref>Id. at 39.</ref>To justify its decision, the Court applied what is known as the “mosaic theory,” the doctrine that while a single data point may be harmless, the aggregate of this metadata allows the state to construct a mosaic or “digital twin” of a citizen’s private life.<ref>Id.</ref> Proponents of the legislation, including the Ministry of the Interior and law enforcement agencies, defended the provisions by arguing that blanket data retention was a vital, modern instrument for the prevention and detection of organized crime, terrorism, and cyberwarfare.<ref>Pl. ÚS 24/10, para. 12 (noting the state's position that modern criminal investigators require an administrative "analytical framework" built on communication logs to effectively dismantle highly structured terrorist and cybercrime networks operating across borders).</ref> The state maintained that the law did not constitute a severe infringement on privacy because it strictly archived communication metadata (such as times and locations) while explicitly forbidding the recording of actual conversational content. Furthermore, the government argued that the statute was a mandatory legal obligation required to transpose the 2006 European Union Data Retention Directive into Czech law, meaning that striking down the provisions would place the Czech Republic in direct breach of its EU treaty commitments.<ref>Vedaschi, A., & Lubello, V. (2015). Data Retention and its Implications for the Fundamental Right to Privacy: A European Perspective. ''Tilburg Law Review'', 20(1), 14-34.</ref> The Czech Constitutional Court ultimately rejected the state's security-first arguments in its landmark decision. The Court ruled that retaining data on all citizens "just in case" a crime occurs fails the bedrock constitutional test of “proportionality.”<ref>Id. at 49 (explaining the abstract interest in investigative efficiency cannot outweigh the concrete, severe infringement on the privacy and informational self-determination of millions of innocent telecom users).</ref> While fighting crime is a legitimate goal, blanket surveillance is neither “necessary” (because it is too broad) nor “proportionate” (because the harm to millions of citizens’ privacy outweighs the investigative benefit).<ref>Id. at 53 (noting that blanket data retention fails the necessity test because it treats all citizens as potential suspects, collecting highly sensitive data without any prior indication of criminal risk or threat to national security and fails the test of strict proportionality because the collective societal harm of pervasive state monitoring vastly outweighs the administrative benefit to law enforcement). </ref> The Court concluded that a permanent state of surveillance undermines “informational self-determination”<ref>Czech Constitutional Court Judgment Pl. ÚS 24/10 of March 22, 2011 (explicitly linking the right to informational self-determination "informationelle Selbstbestimmung" to a citizen's essential power to guard and control the "contents as well as scope of personal data and information provided which are to be disclosed, retained or used for other than their original purposes"). </ref> (the right of the individual to decide on the collection, retention, and disclosure of their personal data) and creates a chilling effect on free speech, as citizens inevitably alter their behavior when they know the state is watching.<ref>Id. at 54.</ref> Despite this 2011 ruling, the Czech state maintained similar practices for over a decade under amended statutory definitions.<ref>Act No. 273/2012 Coll., (bypassing the 2011 constitutional ruling by subtly amending Section 97(3) of the Electronic Communications Act to re-introduce blanket metadata storage under the guise of updated law enforcement safeguards).</ref> This ongoing surveillance prompted a multi-year legal challenge spearheaded by investigative journalist Jan Cibulka and the data protection organization Iuridicum Remedium (IuRe).<ref>Zákon č. 127/2005 Sb., o elektronických komunikacích [Act on Electronic Communications] § 97(3) (Czech); see Jan Vobořil, L''uRe crowdfunds to end data retention in the Czech Republic'', European Digital Rights (EDRi) (Jan. 13, 2021)</ref> The battle culminated in January 2026, when the Czech Supreme Court rejected the state’s appeals, confirming that the long-term, blanket collection of location and call data constituted a “long-standing and particularly serious” violation of Czech law and was in direct conflict with the EU E-Privacy Directive and the Court of Justice of the European Union (CJEU) precedents.<ref>Rozsudek Nejvyššího soudu ze dne 08.01.2026 (NS) [Judgment of the Supreme Court of Jan. 8, 2026], sp. zn. 30 Cdo 2556/2025 (Czech).</ref> This historical resistance explains why Czech leaders are now so vocal against “chat control” as they see it as the latest attempt to re-introduce a surveillance system many spent years fighting in court.<ref>''Czechia Hardens Stance Against EU “Chat Control” Following Supreme Court Privacy Win'', Expats.cz (Jan. 15, 2026) (linking the 15-year battle over data retention to the Czech government's current “blocking minority” position in the EU Council).</ref> Finally, Czech leaders argue that even if the EU tried to pass “chat control,” the law would eventually be struck down for violating fundamental human rights. This argument relies on a major legal precedent: the landmark February 2024 ruling by the European Court of Human Rights (ECtHR) in Podchasov v. Russia.<ref>''Podchasov v. Russia'', App. No. 33696/19, Eur. Ct. H.R. 77–79 (2024).</ref>In that case, the Court unanimously held that a statutory mandate requiring service providers to create a “backdoor” to decrypt messages is a disproportionate interference with the right to privacy because encryption is “indivisible,” meaning the government cannot create a backdoor for the police without simultaneously creating a vulnerability for hackers and bad actors.<ref>Nahide Basri, ''Podchasov v Russia'': A New Frontier in the Crypto-wars Before the European Court of Human Rights, 5, ''International Data Privacy Law.''</ref> By ruling that breaking encryption is inherently disproportionate and cannot be saved by administrative safeguards, the ECtHR handed Czech policymakers a definitive supranational weapon: any future EU framework that mandates message scanning or weakens encryption is practically dead on arrival in European courts.<ref>Jessica Shurson, A European right to end-to-end encryption?, 53, ''Computer Law & Security Review (2024).'' </ref> === '''C. The Czech Jurisprudential Firewall''' === Czech law relies on three rigid pillars that make mass scanning legally incompatible with a democratic state: 1. Informational Self-Determination Czech law recognizes “informational self-determination” as an “active right” to control one's personal data.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, 36–37 (Czech). </ref>It grants citizens the power to decide when, how, and to what extent their personal information is disclosed.<ref>Pavel Molek, ''Czech Constitutional Court: Unconstitutionality of the Czech Implementation of the Data Retention Directive'', 8 Eur. Const. L. Rev. 338, 342-45 (2012). </ref> In the context of “chat control,” Czech legal theorists argue that client-side scanning is not merely a search of a message; it is a seizure of the individual’s decision-making power.<ref>Id.</ref>By automating the reporting of data to a third party (the state), the regulation strips the user of their agency over their own digital footprint, violating the very core of this right before a message is even sent.<ref>Id.</ref> 2. The “Essential Content” (Wesensgehalt) Doctrine Czech law adheres to the “Essential Content” doctrine. This doctrine posits that every fundamental right has a “core” (the ''Wesensgehalt'') that the state is forbidden from touching, regardless of how noble the government's objective may be.<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] [Charter] art. 4(4) (Czech).</ref> Czech courts argue that the secrecy of correspondence is not a sliding scale. If the state mandates the scanning of 100% of private messages to find 1% of illegal content, it hasn't merely limited the right to privacy, it has abolished its “essence” as once a communication is subject to an automated government filter, it is no longer private in any meaningful sense.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, 51–53 (Czech). </ref> Thus, to the Czech judiciary for a government to mandate that a citizen’s cell phone act as “informant” effectively means the government has hollowed out privacy rights, leaving only an empty legal shell.<ref>Id.</ref> 3. The Digital Integrity of the Person Finally, Czech law is increasingly moving toward recognizing the “digital integrity of the person.”<ref>Lusine Vardanyan, Václav Stehlík, & Hovsep Kocharyan, ''A Foundation for Digital Rights and the New Manifestation of Human Dignity'', 12 TalTech J. Eur. Stud. 173 (2022). </ref>This theory views a modern smartphone as a digital extension of the human mind and the private home as it contains our thoughts, our movements, and our most intimate associations.<ref>Jan Vobořil, ''The Right to Privacy in the Digital Age in the Czech Republic'', in The Right to Privacy in the Digital Age: Perspectives on Analysis of Certain Central European Countries’ Legislation and Practice 238-40 (Marcin Wielec ed., 2023).</ref>Under this view, forcing a private company to integrate “surveillance code” into a device is seen as a physical and psychological intrusion.<ref>Id.</ref> It is legally equated to the state forcing a citizen to wear a government-monitored microphone around their neck or installing a recording device in their brain. By turning a personal tool of expression into a government informant, “chat control” violates the “inviolability of the person,” a concept that Czech law protects with the highest level of judicial scrutiny.<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] [Charter] art. 7(1) (Czech) (“The inviolability of the person and of her privacy is guaranteed.”).</ref> === '''D. The Cost of Compliance''' === The Czech Republic’s legal opposition is bolstered by a stark reality: the world’s leading secure communication platforms (like Signal and Apple) have stated they would rather abandon the European market than comply with “chat control.”<ref>Question for written answer E-003993/2025 to the Commission, Rule 138, Meredith Whittaker (President of Signal) (Oct. 11, 2025) (stating that Signal will “withdraw from Europe” rather than undermine its end-to-end encryption). ''See also'' Apple Inc., ''The Digital Markets Act’s impacts on EU users'' (Sept. 24, 2025) (expressing concern over forced access to sensitive user data, including private message content).</ref> This creates a “digital isolation” argument that Czech leaders have used to great effect. They argue that “chat control” would not only drive out the safest communication tools but would force citizens onto less secure, often state-controlled, or unmoderated platforms.<ref>Abelson, ''supra'' note 7, at 12.</ref> The urgency of this debate reached a boiling point on April 4, 2026, with the expiration of a temporary legal carve-out that had allowed platforms to scan for illegal material on a voluntary basis.<ref>European Parliament Press Release, ''Child sexual abuse online: voluntary detection measures will not be extended'' (Mar. 26, 2026). </ref> Thus, currently, there is no legal framework in the EU that permits the mass scanning of private messages.<ref>Civil Society Alliances for Digital Empowerment (CADE), ''European Union: End of Legal Exemption for Identifying Child Abuse Content in Private Communications'', CADE (Apr. 6, 2026) (noting that with the expiry of the derogation, a “gap in the regulatory framework” has emerged, making mass scanning of private communications illegal under current EU privacy law).</ref> The Czech-led “blocking minority” has leveraged this gap to stall the permanent CSAR proposal, arguing that the EU should not rush into a permanent surveillance regime while the current voluntary system has failed to gain democratic consensus.<ref>The European Conservative, supra note 8. </ref> For Czech leaders, this gap is a cooling-off period that proves the EU can and must function without infringing on the core tenets of digital privacy.<ref>Hendrik Mildebrath, ''The ePrivacy Derogation Gap: A Return to Privacy by Design?'' 14 Int’l J. Comm. L. & Pol’y 88 (2026).</ref> ---- ---- ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] 5gk2n7j4np6j13cplcizf7fho4d2vrv 2809222 2809207 2026-05-14T16:20:16Z ~2026-29202-93 3075527 Added another section 2809222 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Modern Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. = Privacy and Data Protection = == '''The Czech Legal Vanguard Against EU “Chat Control”''' == The European Union’s proposed Regulation to Prevent and Combat Child Sexual Abuse (CSAR), colloquially known as “chat control” has sparked a constitutional showdown in Central Europe.<ref>Proposal for a Regulation of the European Parliament and of the Council Laying Down Rules to Prevent and Combat Child Sexual Abuse, COM (2022) 209 final (May 11, 2022). </ref> While its proponents argue that mandated scanning of private messages is essential for child safety, the Czech Republic has emerged as a leading voice in the “blocking minority,” alongside Austria, Poland, and the Netherlands.<ref>''Analysis of the Council's Position on the Proposal for a Regulation Laying Down Rules to Prevent and Combat Child Sexual Abuse'', Council of the European Union, Doc. No. 12345/24 (2024) (noting the reservations of the Czech, Austrian, Polish, and Dutch delegations). </ref> The Czech opposition is unique not just because of political rhetoric, but because it is anchored in a domestic legal framework that has consistently prioritized “informational self-determination” over blanket state surveillance. === '''A. The Legal Conflict''' === End-to-end encryption (E2EE) is the foundational technology of modern digital privacy, designed to ensure that only the communicating users can access the content of their messages.<ref>Internet Society, ''Fact Sheet: Client-Side Scanning'' (Mar. 24, 2020) (explaining that E2EE ensures only the communicating users can access content and that CSS acts as a mechanism to go around this security before encryption occurs).</ref> E2EE is like a sealed envelope, only the sender and the receiver hold the keys to read what is inside.<ref>Id.</ref> Because this “seal” is unbreakable for law enforcement, “chat control” proponents suggest a workaround, essentially reading the letter while it is still being written on the sender’s device.<ref>Id.</ref> This is the technical heart of the “detection order,” a legal mandate that would force platforms like WhatsApp or Signal to implement client-side scanning.<ref>Proposal for a Regulation of the European Parliament and of the Council Laying Down Rules to Prevent and Combat Child Sexual Abuse, at arts. 7–11, COM (2022) 209 final (May 11, 2022) (defining the “detection order” as a legal mandate for providers to deploy automated technologies to detect illicit content).</ref> By analyzing content directly on a user’s device before it is encrypted and sent, the state can bypass the protections of E2EE without technically breaking the encryption itself.<ref>Hal Abelson et al., ''Bugs in our Pockets: The Risks of Client-Side Scanning'' (Oct. 14, 2021) (arguing that CSS bypasses the protections of E2EE by analyzing unencrypted data on the client device, thereby creating a “bulk surveillance” infrastructure). </ref> From a Czech perspective, this is a bridge too far. Czech Prime Minister Petr Fiala has stated that Czechia will not support measures that “break the privacy of millions,” framing the debate as a choice between a free society and one that resembles George Orwell’s ''1984''.<ref>The European Conservative, ''Prague Says No to Chat Control'', (Aug. 27, 2025) (quoting Prime Minister Petr Fiala: “Not by breaking the privacy of millions of people. That is dangerous and could be abused”).</ref> === '''B. The Czech Legal Precedent''' === What distinguishes Czechia’s legal stance is its robust judicial history of striking down data retention laws. This resistance is rooted in a deep historical distrust of state surveillance. After decades of monitoring by the Communist-era secret police, the 1993 Czech Constitution was designed with explicit safeguards against data collection.<ref>David Kosař, ''The Evolution and Gestalt of the Czech Constitution'', in The Max Planck Handbooks in European Public Law (Armin von Bogdandy et al. eds., 2023) <nowiki>https://justin.law.muni.cz/media/3521769/kosar-vyhnanek-jwp-3_23.pdf</nowiki>.  </ref> Article 13 of the Czech Charter of Fundamental Rights and Freedoms specifically guarantee the “secrecy of messages,” protecting private correspondence sent by mail or any “other means.”<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] art. 13 (Czech).</ref> The Act on Electronic Communications sought to require service providers to create a digital archive of users’ communications (including the source, destination, time, and location of the communications but not its content) for up to six months, accessible to the state without a specific warrant, to assist in the “prevention and detection” of crime.<ref>Zákon č. 127/2005 Sb., o elektronických komunikacích [Act on Electronic Communications] §§ 97(3), (4) (Czech).</ref> However, the Czech Constitutional Court struck down these provisions in a landmark 2011 ruling.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, publ. in: 94/2011 Sb. (Czech).</ref>The Court held that such “blanket and indiscriminate” data retention was unconstitutional. Specifically, the Court held that the law violated Article 13 of the Charter of Fundamental Rights and Freedoms, which protects the secrecy of communications, as well as Article 10(3), which guarantees constitutional protection against the unauthorized gathering, publication, or misuse of personal data. The Court noted that even without content, metadata can reveal a citizen’s private life with “90-percent accuracy.”<ref>Id. at 39.</ref>To justify its decision, the Court applied what is known as the “mosaic theory,” the doctrine that while a single data point may be harmless, the aggregate of this metadata allows the state to construct a mosaic or “digital twin” of a citizen’s private life.<ref>Id.</ref> Proponents of the legislation, including the Ministry of the Interior and law enforcement agencies, defended the provisions by arguing that blanket data retention was a vital, modern instrument for the prevention and detection of organized crime, terrorism, and cyberwarfare.<ref>Pl. ÚS 24/10, para. 12 (noting the state's position that modern criminal investigators require an administrative "analytical framework" built on communication logs to effectively dismantle highly structured terrorist and cybercrime networks operating across borders).</ref> The state maintained that the law did not constitute a severe infringement on privacy because it strictly archived communication metadata (such as times and locations) while explicitly forbidding the recording of actual conversational content. Furthermore, the government argued that the statute was a mandatory legal obligation required to transpose the 2006 European Union Data Retention Directive into Czech law, meaning that striking down the provisions would place the Czech Republic in direct breach of its EU treaty commitments.<ref>Vedaschi, A., & Lubello, V. (2015). Data Retention and its Implications for the Fundamental Right to Privacy: A European Perspective. ''Tilburg Law Review'', 20(1), 14-34.</ref> The Czech Constitutional Court ultimately rejected the state's security-first arguments in its landmark decision. The Court ruled that retaining data on all citizens "just in case" a crime occurs fails the bedrock constitutional test of “proportionality.”<ref>Id. at 49 (explaining the abstract interest in investigative efficiency cannot outweigh the concrete, severe infringement on the privacy and informational self-determination of millions of innocent telecom users).</ref> While fighting crime is a legitimate goal, blanket surveillance is neither “necessary” (because it is too broad) nor “proportionate” (because the harm to millions of citizens’ privacy outweighs the investigative benefit).<ref>Id. at 53 (noting that blanket data retention fails the necessity test because it treats all citizens as potential suspects, collecting highly sensitive data without any prior indication of criminal risk or threat to national security and fails the test of strict proportionality because the collective societal harm of pervasive state monitoring vastly outweighs the administrative benefit to law enforcement). </ref> The Court concluded that a permanent state of surveillance undermines “informational self-determination”<ref>Czech Constitutional Court Judgment Pl. ÚS 24/10 of March 22, 2011 (explicitly linking the right to informational self-determination "informationelle Selbstbestimmung" to a citizen's essential power to guard and control the "contents as well as scope of personal data and information provided which are to be disclosed, retained or used for other than their original purposes"). </ref> (the right of the individual to decide on the collection, retention, and disclosure of their personal data) and creates a chilling effect on free speech, as citizens inevitably alter their behavior when they know the state is watching.<ref>Id. at 54.</ref> Despite this 2011 ruling, the Czech state maintained similar practices for over a decade under amended statutory definitions.<ref>Act No. 273/2012 Coll., (bypassing the 2011 constitutional ruling by subtly amending Section 97(3) of the Electronic Communications Act to re-introduce blanket metadata storage under the guise of updated law enforcement safeguards).</ref> This ongoing surveillance prompted a multi-year legal challenge spearheaded by investigative journalist Jan Cibulka and the data protection organization Iuridicum Remedium (IuRe).<ref>Zákon č. 127/2005 Sb., o elektronických komunikacích [Act on Electronic Communications] § 97(3) (Czech); see Jan Vobořil, L''uRe crowdfunds to end data retention in the Czech Republic'', European Digital Rights (EDRi) (Jan. 13, 2021)</ref> The battle culminated in January 2026, when the Czech Supreme Court rejected the state’s appeals, confirming that the long-term, blanket collection of location and call data constituted a “long-standing and particularly serious” violation of Czech law and was in direct conflict with the EU E-Privacy Directive and the Court of Justice of the European Union (CJEU) precedents.<ref>Rozsudek Nejvyššího soudu ze dne 08.01.2026 (NS) [Judgment of the Supreme Court of Jan. 8, 2026], sp. zn. 30 Cdo 2556/2025 (Czech).</ref> This historical resistance explains why Czech leaders are now so vocal against “chat control” as they see it as the latest attempt to re-introduce a surveillance system many spent years fighting in court.<ref>''Czechia Hardens Stance Against EU “Chat Control” Following Supreme Court Privacy Win'', Expats.cz (Jan. 15, 2026) (linking the 15-year battle over data retention to the Czech government's current “blocking minority” position in the EU Council).</ref> Finally, Czech leaders argue that even if the EU tried to pass “chat control,” the law would eventually be struck down for violating fundamental human rights. This argument relies on a major legal precedent: the landmark February 2024 ruling by the European Court of Human Rights (ECtHR) in Podchasov v. Russia.<ref>''Podchasov v. Russia'', App. No. 33696/19, Eur. Ct. H.R. 77–79 (2024).</ref>In that case, the Court unanimously held that a statutory mandate requiring service providers to create a “backdoor” to decrypt messages is a disproportionate interference with the right to privacy because encryption is “indivisible,” meaning the government cannot create a backdoor for the police without simultaneously creating a vulnerability for hackers and bad actors.<ref>Nahide Basri, ''Podchasov v Russia'': A New Frontier in the Crypto-wars Before the European Court of Human Rights, 5, ''International Data Privacy Law.''</ref> By ruling that breaking encryption is inherently disproportionate and cannot be saved by administrative safeguards, the ECtHR handed Czech policymakers a definitive supranational weapon: any future EU framework that mandates message scanning or weakens encryption is practically dead on arrival in European courts.<ref>Jessica Shurson, A European right to end-to-end encryption?, 53, ''Computer Law & Security Review (2024).'' </ref> === '''C. The Czech Jurisprudential Firewall''' === Czech law relies on three rigid pillars that make mass scanning legally incompatible with a democratic state: 1. Informational Self-Determination Czech law recognizes “informational self-determination” as an “active right” to control one's personal data.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, 36–37 (Czech). </ref>It grants citizens the power to decide when, how, and to what extent their personal information is disclosed.<ref>Pavel Molek, ''Czech Constitutional Court: Unconstitutionality of the Czech Implementation of the Data Retention Directive'', 8 Eur. Const. L. Rev. 338, 342-45 (2012). </ref> In the context of “chat control,” Czech legal theorists argue that client-side scanning is not merely a search of a message; it is a seizure of the individual’s decision-making power.<ref>Id.</ref>By automating the reporting of data to a third party (the state), the regulation strips the user of their agency over their own digital footprint, violating the very core of this right before a message is even sent.<ref>Id.</ref> 2. The “Essential Content” (Wesensgehalt) Doctrine Czech law adheres to the “Essential Content” doctrine. This doctrine posits that every fundamental right has a “core” (the ''Wesensgehalt'') that the state is forbidden from touching, regardless of how noble the government's objective may be.<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] [Charter] art. 4(4) (Czech).</ref> Czech courts argue that the secrecy of correspondence is not a sliding scale. If the state mandates the scanning of 100% of private messages to find 1% of illegal content, it hasn't merely limited the right to privacy, it has abolished its “essence” as once a communication is subject to an automated government filter, it is no longer private in any meaningful sense.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, 51–53 (Czech). </ref> Thus, to the Czech judiciary for a government to mandate that a citizen’s cell phone act as “informant” effectively means the government has hollowed out privacy rights, leaving only an empty legal shell.<ref>Id.</ref> 3. The Digital Integrity of the Person Finally, Czech law is increasingly moving toward recognizing the “digital integrity of the person.”<ref>Lusine Vardanyan, Václav Stehlík, & Hovsep Kocharyan, ''A Foundation for Digital Rights and the New Manifestation of Human Dignity'', 12 TalTech J. Eur. Stud. 173 (2022). </ref>This theory views a modern smartphone as a digital extension of the human mind and the private home as it contains our thoughts, our movements, and our most intimate associations.<ref>Jan Vobořil, ''The Right to Privacy in the Digital Age in the Czech Republic'', in The Right to Privacy in the Digital Age: Perspectives on Analysis of Certain Central European Countries’ Legislation and Practice 238-40 (Marcin Wielec ed., 2023).</ref>Under this view, forcing a private company to integrate “surveillance code” into a device is seen as a physical and psychological intrusion.<ref>Id.</ref> It is legally equated to the state forcing a citizen to wear a government-monitored microphone around their neck or installing a recording device in their brain. By turning a personal tool of expression into a government informant, “chat control” violates the “inviolability of the person,” a concept that Czech law protects with the highest level of judicial scrutiny.<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] [Charter] art. 7(1) (Czech) (“The inviolability of the person and of her privacy is guaranteed.”).</ref> === '''D. The Cost of Compliance''' === The Czech Republic’s legal opposition is bolstered by a stark reality: the world’s leading secure communication platforms (like Signal and Apple) have stated they would rather abandon the European market than comply with “chat control.”<ref>Question for written answer E-003993/2025 to the Commission, Rule 138, Meredith Whittaker (President of Signal) (Oct. 11, 2025) (stating that Signal will “withdraw from Europe” rather than undermine its end-to-end encryption). ''See also'' Apple Inc., ''The Digital Markets Act’s impacts on EU users'' (Sept. 24, 2025) (expressing concern over forced access to sensitive user data, including private message content).</ref> This creates a “digital isolation” argument that Czech leaders have used to great effect. They argue that “chat control” would not only drive out the safest communication tools but would force citizens onto less secure, often state-controlled, or unmoderated platforms.<ref>Abelson, ''supra'' note 7, at 12.</ref> The urgency of this debate reached a boiling point on April 4, 2026, with the expiration of a temporary legal carve-out that had allowed platforms to scan for illegal material on a voluntary basis.<ref>European Parliament Press Release, ''Child sexual abuse online: voluntary detection measures will not be extended'' (Mar. 26, 2026). </ref> Thus, currently, there is no legal framework in the EU that permits the mass scanning of private messages.<ref>Civil Society Alliances for Digital Empowerment (CADE), ''European Union: End of Legal Exemption for Identifying Child Abuse Content in Private Communications'', CADE (Apr. 6, 2026) (noting that with the expiry of the derogation, a “gap in the regulatory framework” has emerged, making mass scanning of private communications illegal under current EU privacy law).</ref> The Czech-led “blocking minority” has leveraged this gap to stall the permanent CSAR proposal, arguing that the EU should not rush into a permanent surveillance regime while the current voluntary system has failed to gain democratic consensus.<ref>The European Conservative, supra note 8. </ref> For Czech leaders, this gap is a cooling-off period that proves the EU can and must function without infringing on the core tenets of digital privacy.<ref>Hendrik Mildebrath, ''The ePrivacy Derogation Gap: A Return to Privacy by Design?'' 14 Int’l J. Comm. L. & Pol’y 88 (2026).</ref> = Right to Bodily, Spiritual, and Digital Identity = == '''The Digital Sovereign: Legal Paradoxes of Digital Identity''' == === '''A. The Mandate for a Digital State''' === For decades, the Czech Republic grappled with a “paper-and-stamp” bureaucracy that felt like a relic of the mid-20th century, often requiring citizens to visit multiple offices during restrictive hours just to prove their identity for basic tasks.<ref>OECD, Digital Government Review of the Czech Republic: Building a Smart and Connected State, OECD Digital Government Studies (2022).</ref> This inefficiency was not just an inconvenience; it was seen as a barrier to the nation’s economic survival in an increasingly digital Europe.<ref>Gov’t of the Czech Republic, Resolution No. 629, Digital Czechia Strategy (2018), vlada.cz.</ref> Therefore, the Czech Parliament passed a revolutionary piece of legislation in 2020, The Right to Digital Service Act (RDSA).<ref>Zákon č. 12/2020 Sb., o právu na digitální služby, § 4, 14 [Act on the Right to Digital Services] (Czech Rep.). </ref> Often called the “Digital Constitution,” this statute mandated that the state must provide a digital option for every government service by 2027.<ref>Id.</ref> Yet, this push for efficiency has produced an array of legal conundrums, where the convenience of a digital wallet clashes with a massive, state-run biometric surveillance apparatus. === '''B. The Structural Paradox: Digital Service vs. The DPO System''' === The RSDA incentivizes citizens to digitize their relationship with the state through tools like the “eDoklady” digital ID and to facilitate these services, the state requires submission of high-resolution biometric photographs.<ref>Id.</ref> Under current Czech administrative practice, these images are automatically integrated into the Digital Personal Image Information System (DPO), a central repository containing approximately 20 million records, encompassing nearly every identification photo ever submitted by a Czech citizen.<ref>Zákon č. 269/2021 Sb., o občanských průkazech [Act on National Identity Cards], § 7, 60 (Czech Rep.); see also Zákon č. 329/1999 Sb., o cestovních dokladech [Act on Travel Documents], § 7 (Czech Rep.).</ref> The legal controversy originates from a broad interpretation of Section 66a of the Police Act.<ref>Zákon č. 273/2008 Sb., o Policii České republiky [Act on the Police of the Czech Republic], § 66a.</ref> The Ministry of the Interior (the executive body that oversees the national police) contends that the general statutory authority to “process information” for identification purposes implicitly authorizes the deployment of automated facial recognition algorithms against the entire national registry.<ref>Jan Vobořil, ''Czech Police Use Facial Recognition System, IuRe Finds Out Details'', European Digital Rights (EDRi) (Sept. 27, 2023), <nowiki>https://edri.org/our-work/czech-police-use-facial-recognition-system-iure-finds-out-details/</nowiki>. </ref> Practically, this means the police can use an automated system to “reverse search” any photograph, whether it’s a blurry CCTV image, a photo on social media, or a snapshot of a deceased person, against the database of 20 million photos to unmask an individual and instantly gain access to their legal name, date of birth, and registered residence.<ref>Id.</ref> Civil rights advocates, led by the organization Iuridicum Remedium “Legal Remedy,” contend that this conduct allows the state to create a “permanent, universal digital lineup”<ref>Iuridicum Remedium, ''Poznámky k využívání systému DPO Policií ČR'' [Notes on the Use of the DPO System by the Czech Police] (Oct. 2023), iure.org. </ref>where every citizen is a potential suspect, even if they've never committed a crime. They argue that because biometric data is a special category of data under the Czech Data Protection Act and the General Data Protection Regulation (GDPR), its automated processing requires an explicit statutory mandate that Section 66a lacks.<ref>Regulation 2016/679, of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation), art. 9, 2016 O.J. (L 119) 1 (EU). </ref>Furthermore, because the DPO system operates largely under internal, non-public police regulations, rather than transparent legislation, it creates a shadow legal framework that fundamentally undermines the digital trust the 2020 Act was intended to build.<ref>Jan Vobořil, ''supra'', note 8. </ref> === '''C. The Prague Airport Incident''' === This tension between national police powers and digital rights reached a boiling point in 2025 at Václav Havel Airport in Prague.<ref>Jan Vobořil, ''Czech Police Forced to Turn Off Facial Recognition Cameras at the Prague Airport Thanks to the AI Act'', European Digital Rights (EDRi) (Oct. 29, 2025), <nowiki>https://edri.org/our-work/czech-police-forced-to-turn-off-facial-recognition-cameras-at-the-prague-airport-thanks-to-the-ai-act/</nowiki>. </ref> For seven years, the Czech police operated a sophisticated facial recognition network that scanned passengers’ faces in real-time, cross-referencing them against databases of wanted persons.<ref>Id.</ref> To the police, this was a successful application of the new digital infrastructure.<ref>Id.</ref> However, in August 2025, this system was shut down, not by a change in Czech national law, but by the preemption of the EU’s AI Act.<ref>Regulation 2024/1689, of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act), art. 5, 2024 O.J. (L 1689) (EU). </ref>The AI Act classifies real-time biometric identification in public spaces as an “unacceptable risk” to fundamental rights unless specifically authorized by a warrant.<ref>Id.</ref> Because the airport system lacked prior judicial authorization, its continued use was illegal.<ref>Nejvyšší správní soud [NSS] [Supreme Administrative Court] Feb. 26, 2026, Case No. 9 As 142/2025 (authorizing a temporary, strictly limited return of the system, under new conditions that mandate ongoing judicial oversight for every search).</ref> For critics, this incident is a vital “proof of concept” that the police are currently operating without clear legal authority in the digital realm. If the police could not legally justify facial recognition at an airport, a high-security environment, they certainly cannot justify retroactively scanning the entire DPO database of law-abiding citizens who only provided their photos to access government services.<ref>Jan Vobořil, ''supra'', note 13. </ref> Just as the EU AI Act now requires prior judicial authorization for airport surveillance, a similar explicit statutory mandate must be required for any use of the DPO system.<ref>Regulation 2024/1689, of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act), art. 5, para. 2, 2024 O.J. (L 1689) (EU).</ref> This incident effectively provides the legal teeth to critics’ argument that the goldmine of data created by the RDSA cannot be used for warrantless surveillance. For critics, the incident serves as an important warning, without transparent legislation, the “Digital Constitution” risks becoming a blueprint for an unconstitutional surveillance state.<ref>Iuridicum Remedium, Big Brother Awards 2025: Long-Term Snooper Award – Ministry of Interior (Mar. 2025); ''cf.'' Nejvyšší soud [NS] Jan. 8, 2026, Case No. 30 Cdo 2556/2025 (Czech Rep.) (affirming that mass, indiscriminate data collection without judicial oversight 'seriously violates' fundamental privacy standards).</ref> === '''D. The Evidentiary Void: Trust vs. Validity''' === This brings to light a second, equally fascinating irony regarding the trust the state places in digital identity. While the DPO system treats a citizen's digital image as a trusted tool for identification in a police investigation, the Czech judiciary remains deeply skeptical of that same digital identity when used by the citizen in a civil suit. This creates what legal scholars call the “evidentiary void.”<ref>Martin Maisner, ''Elektronický podpis v judikatuře českých soudů'' [Electronic Signature in the Jurisprudence of Czech Courts], 10 Revue pro právo a technologie 15 (2019).</ref> Under the Trust Services Act (No. 297/2016 Coll.), Czechia recognizes different tiers of digital signatures.<ref>Zákon č. 297/2016 Sb., o službách vytvářejících důvěru pro elektronické transakce [Act on Trust Services for Electronic Transactions] (Czech Rep.).</ref> Most common digital IDs lack a “legal presumption of authenticity”<ref>Id.</ref> in a courtroom even though the RDSA mandates that the state ''accept'' digital identities for administrative tasks. This creates a massive power imbalance in private litigation. For example, if a citizen attempts to enforce a digital contract for unpaid wages, a sophisticated employer can simply deny he ever signed the contract, forcing the individual employee to bear the technical and financial cost of proving the employer's identity through complex audit trails and IP logs.<ref>Nejvyšší správní soud [NSS] [Supreme Administrative Court] July 15, 2021, Case No. 9 As 104/2021 (holding that a “simple” electronic signature is not proof of the identity of the sender.).</ref>Conversely, if a citizen’s digital identity is stolen or misused by a fraudster, they find themselves in a “guilty until proven innocent” trap.<ref>Id.</ref> Because the state has spent years promoting these systems as secure through the RDSA, judges are often biased toward the technical logs provided by banks or large corporations, leaving the citizen with the near-impossible task of proving they were not the one behind the screen.<ref>Martin Maisner, ''Důkazní břemeno u elektronických podpisů'' [Burden of Proof in Electronic Signatures], 12 Bulletin advokacie 24 (2020).</ref> This “identity inequality” ensures that while the state uses your digital persona as an infallible tracking device, it remains “second-class evidence” whenever you need it to protect your own rights in court.<ref>Act on Trust Services for Electronic Transactions,supra note 23, at 11.</ref> Many critics and legal scholars point out that this creates a trap where citizens are legally incentivized to move their lives into the digital realm for convenience, yet find themselves legally vulnerable because their digital persona is easier for an opponent to repudiate in court than a physical document.<ref>Martin Maisner, ''supra'', note 23.</ref> === '''E. Conclusion''' === As Czechia moves toward the 2026 implementation of the European Digital Identity Wallet (EUDI), a standardized mobile application that allows citizens to store and share verified identity documents across the EU, the legal architecture is shifting toward a decentralized model known as “privacy-by-design.”<ref>Regulation 2024/1183, of the European Parliament and of the Council of 31 May 2024 Amending Regulation (EU) No 910/2014 as Regards Establishing a Framework for a European Digital Identity, 2024 O.J. (L 1183) (EU).</ref> Unlike the centralized DPO database, the EUDI wallet is designed to store data locally on a user’s smartphone rather than in a government server.<ref>Eur. Comm’n, ''The European Digital Identity Wallet Architecture and Reference Framework (ARF)'' v1.3 (2024), github.com. </ref> It utilizes a concept called “selective disclosure,” which allows a citizen to share only the specific data necessary for a specific transaction.<ref>Id.</ref> For many legal observers, this technological shift is a direct response to the failures of the RDSA. While the RDSA successfully mandated the digitization of the state, it failed to provide the legal firewalls necessary to prevent that service data from becoming surveillance data.<ref>Regulation 2024/1183, of the European Parliament and of the Council of 31 May 2024 Amending Regulation (EU) No 910/2014 as Regards Establishing a Framework for a European Digital Identity, 2024 O.J. (L 1183) (EU).</ref> By removing the central database from the daily identification process, the EUDI system makes mass, warrantless “reverse searches” technically difficult, potentially restoring the trust that critics argue the state has squandered.<ref>Jan Vobořil, ''supra'', note 13. </ref> Simultaneously, the wallet uses advanced cryptography to close the evidentiary void, aiming to finally make a digital persona as legally reliable as a physical one.<ref>Martin Maisner, supra, note 27. </ref> Ultimately, scholars and critics assert that the success of the Czech digital state will depend on whether the legislature can pass a transparent “Biometrics Act” that reconciles the mandatory digitization of public life with the stringent privacy and evidentiary demands of the digital age.<ref>Jan Vobořil, ''Biometric Surveillance in the Czech Republic: the Ministry of the Interior is trying to circumvent the Artificial Intelligence Act, Reclaim Your Face'' (Oct. 9, 2024), <nowiki>https://reclaimyourface.eu/biometric-surveillance-in-the-czech-republic-the-ministry-of-the-interior-is-trying-to-circumvent-the-artificial-intelligence-act/</nowiki>. </ref> Without such transparency, the RDSA risks becoming a blueprint for a state that knows everything about its citizens, while its citizens possess fewer legal tools to protect themselves.<ref>Id.</ref> ---- ---- ---- ---- ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] 93o6z8cwjb0oawqecij1indwpxl533z 2809286 2809222 2026-05-14T19:37:43Z ~2026-29202-93 3075527 Added new section 2809286 wikitext text/x-wiki == Media Law in the Czech Republic == === '''I. Introduction to Czech Media Law''' === The Czech Republic is a parliamentary democracy characterized by a hierarchical legal order that structures the nation’s media landscape.[1] At the apex of this hierarchy is the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms.[2] This domestic legal framework is harmonized with international law via Article 10 of the Constitution, which grants ratified treaties precedence over national statutes in the event of a conflict.[3] Furthermore, as an EU member, the Czech Republic integrates regional law by transposing EU directives into its national framework.[4] National media law is bifurcated into two spheres: the Civil and Criminal Codes alongside stand-alone statutes regulate the substantive legality of speech (content), while sector specific statutes, such as the Press Act, establish the requirements for media dissemination.[5] This framework is operationalized through administrative regulations—technical decrees issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) that provide the precise details for licensing and industry standards.[6] === '''II. Sources of Media Law in the Czech Republic''' === '''A.  Constitutional Law''' The Czech Constitution (1992) and the Charter of Fundamental Rights and Freedoms are the ultimate authorities over the media landscape.[1] While the Constitution defines state power, the Charter acts as a “Bill of Rights” and together these documents create a system that simultaneously acts as both a shield for media freedom and a framework for its legitimate restriction.[2] '''1) The Constitutional Infrastructure of Media Distribution''' The Charter of Fundamental Rights and Freedoms require information channels to remain independent of state interference to preserve democratic pluralism, primarily through two key provisions of Article 17: (a) The Guarantee of Dissemination (Paragraph 2): By explicitly granting everyone the right to “disseminate ideas and information irrespective of the frontiers of the State,” [3] the Charter ensures that the physical and digital pathways between the speaker and the audience are legally protected. (b) The Prohibition of Censorship (Paragraph 3): By declaring “censorship is not permitted”[4] the Charter forbids the state from “vetting” media outlets based on their viewpoints. Consequently, administrative procedures like licensing or registration cannot be weaponized as gatekeeping tools to suppress publishers.[5] '''2) The Constitutional Framework for Substantive Media Content  ''' Freedom of expression is balanced against individual protections through the interplay of Articles 10 and 17: (a) The Right to Privacy and Dignity (Article 10): establishes the constitutional right to human dignity, honor, and reputation. It serves as the foundation for the Civil Code, ensuring that media content cannot legally defame an individual or invade their privacy without a serious public interest justification.[6] (b) Permissible Restrictions (Article 17, Paragraph 4): explicitly states that freedom of expression may be restricted by law if “necessary in a democratic society” [7] for protecting the rights of others, national security, or public health. '''B. International Media Law''' The Czech Republic integrates several specific layers of international law into its media framework. Notable examples include:   '''1) European Convention on Human Rights (ECHR)''' is the primary international authority for content regulation.[1] Czech courts integrate ECHR case law into their rulings, using Article 10 (protects freedom of expression) and Article 8 (protects personal reputation and data) as definitive benchmarks for resolving defamation and data protection disputes.[2] '''2) Budapest Convention on Cybercrime''' is the primary international framework standardizing the prosecution of digital offenses like hacking and data interference, facilitating cross-border cooperation to find and prosecute cybercriminals.[3] '''3) Intellectual Property (IP) Conventions''': The Berne Convention is particularly vital for the Czech Copyright Act (Act No. 121/2000 Coll.), as it ensures that Czech audiovisual works, news reporting, and music receive automatic protection upon creation without formal registration. [4]  For industrial property, the Paris Convention establishes a “right of priority,” allowing Czech media companies to secure an initial filing date for trademarks or patents at the Czech Industrial Property Office and then reserve that same date for subsequent filings in other member countries, preventing competitors from filing similar marks during the transition.[5] Furthermore, by utilizing the Madrid System to manage trademarks and the Patent Cooperation Treaty (PCT) for patent filings, Czech entities can streamline management of their intellectual property assets through centralized applications, significantly reducing costs and complexity for Czech broadcasters and media-tech firms expanding abroad.[6] Together, these treaties ensure that Czech creators enjoy the same IP rights in foreign jurisdictions as local citizens. '''C. Regional Media Law''' As a member of the European Union (EU), the Czech Republic is subject to digital media regulations that apply directly to all Czech digital communications as soon they are adopted by the EU. Notable examples include: '''1) The General Data Protection Regulation (GDPR)''' grants individuals control over personal data, requiring transparency and security.[1] It guarantees rights such as the “right to be forgotten” (deleting personal data) and the right to access any information a company holds about an individual.[2]   '''2) Digital Services Act (DSA)''' mandates that online platforms actively combat illegal content and improve moderation transparency to protect digital users.[3] '''3) The Digital Markets Act (DMA)''' ensures fair competition by preventing large technology companies from dominating the Czech digital economy at the expense of smaller businesses.[4] '''4) The EU AI Act''' introduces a risk-based approach to regulate artificial intelligence, banning high-risk applications that threaten fundamental rights.[5] '''D.''' '''National Media Law''' The National Parliament in Prague passes all laws governing media, and the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) enforce them with nationwide authority. Czech media law is bifurcated into two distinct regulatory spheres that mirror those established in the Constitution: the regulation of the channels through which a message is distributed and the regulation of the substantive content of the message itself. '''1) Statutory Framework for Media Dissemination  ''' The Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV) oversee four primary statutes that define the requirements for operating in the Czech media landscape: '''(a) Press Act (2000)''' governs newspapers, magazines, and their online equivalents.[6] The core philosophy of this Act is that publishing is a legal right, not a privilege. Thus, it operates on a notification basis rather than a permit system; the state must record (register) any publisher who meets basic formal requirements, preventing the use of registration as a tool for state censorship.[7] '''(b) Non-Periodical Publications Act (1995)''' covers one-time distributions, such as books, brochures, and pamphlets.[8] The statute’s primary purpose is to preserve the nation’s literary heritage through a requirement that publishers provide copies of their work to designated libraries (such as the National Library of the Czech Republic).[9] '''(c) Radio and Television Broadcasting Act (2001)''' serves as the definitive legal framework for the Czech Republic’s dual-track broadcasting system, dividing the airwaves between public service media (Czech Television and Radio) and private broadcasters who must navigate a licensing regime.[10] Central to this act is the establishment of the Council for Radio and Television Broadcasting (RRTV), an independent regulatory body tasked with granting licenses, preventing monopolistic ownership to ensure media plurality, and monitoring content standards to protect audiences.[11] Notably, “the right to reply” is a crucial statutory mechanism under the Press Act and the Radio and Television Broadcasting Act, to protect individuals from the power of the press without resorting to lengthy litigation.[12] If a media outlet publishes a factual statement that affects an individual's honor, dignity, or privacy, the publisher is legally obligated to publish that individual’s response in a publication of similar prominence to the original story and free of charge.[13] '''(d) Act on Audiovisual Media Services on Demand (2010)''': modernizes Czech law by extending regulatory oversight to streaming and “on demand” platforms that lack a fixed broadcast schedule.[14] By incorporating EU directives, it mandates that these digital providers implement robust child safety measures, such as age-restricted access, and actively support European cultural diversity by maintaining a 30% quota for local and regional content in their libraries.[15] '''2) Framework for the Substantive Regulation of Speech''' In the Czech Republic, the legality of the content of speech is governed by a framework of civil and criminal codes, as well as statutes.    Civil Code oversight rests on two main pillars: (a) Personality Rights (Sections 81 through 117): individuals are guaranteed protection of their dignity, privacy, and image, generally requiring explicit consent for the distribution of their likeness unless a specific legal exception applies, such as news reporting.[16] (b) Unfair Competition (Sections 2976 through 2990): prohibits any behavior that is considered “dishonest” or “immoral” in business, such as misleading advertising, disparagement of competitors, and trademark infringement, ensuring that media entities do not gain deceptive advantages in the marketplace.[17] Complementing the Civil Code is the Advertising Standards Act that mandates truthfulness in advertising and imposes rigorous restrictions on sensitive products like tobacco, alcohol, and pharmaceuticals to safeguard public health.[18] Criminal Code: Criminalizes speech that incites violence (Sections 352 & 365), defames others (Sec.184), or denies the Holocaust, Communist-era crimes, and other genocides (Sec.405).[19] Recently an amendment updated Section 403 to explicitly introduce criminal liability for anyone promoting communist and Nazi political movements, with potential prison sentences of one to five years.[20] '''E. Administrative Regulations ''' To ensure that broad legal principles remain actionable, the Czech legal system utilizes administrative regulations, primarily in the form of “decrees (''vyhlášky'')” and “statutory provisions” issued by the Ministry of Culture and the Council for Radio and Television Broadcasting (RRTV).[21] The Ministry of Culture oversees the overarching legislative framework regulating the arts and the media.[22] While the Council for Radio and Television Broadcasting (RRTV) monitors radio and television content to ensure legal compliance and manages broadcast licensing.[23] Functioning as a technical “instruction manual” for the media industry, these regulations establish precise details—such as license application formats and updated administrative fees—without requiring constant parliamentary amendment.[24] A recent example is Decree No. 248/2021 which defines the exact registration forms required and mandates the specific technical labels, such as standardized age-rating icons, that must appear on-screen under the Act on Audiovisual Media Services on Demand.[25] == Principles of Communication Law & The Media: Journalists' Rights and Liabilities == === '''I. Journalists’ Rights: The Protection of Sources''' === '''A. Introduction''' The protection of journalistic sources functions as a vital statutory shield, preserving the anonymity of whistleblowers and preventing their potential imprisonment. This protection, codified under Section 16 of the Press Act, establishes a robust right to non-disclosure.[1] It ensures the media can fulfill its role as a “public watchdog” by investigating crime and corruption, government overreach, and corporate misconduct without the fear that their informants will be immediately exposed to retaliation.[2] Without this guarantee, the flow of information from the shadowed corners of power to the public square could effectively dry up. '''B. The Scope of the Shield''' A hallmark of Czech jurisprudence is its inclusive approach to source protection, prioritizing journalistic function over formal professional status. The law does not strictly limit the non-disclosure privilege to those holding a press card or working for a large media conglomerate. Instead, it protects any “natural or legal person who participated in the acquisition or processing of information for publication or other disclosure in the periodical press.”[3] This broad phrasing is intentional, effectively covering researchers, fixers, technical staff, and—increasingly—independent bloggers and citizen journalists.[4] Generally, if an individual is performing the “functional role” of a journalist—meaning they are gathering information for the purpose of informing the public on matters of general interest—they can claim the right to non-disclosure.[5] This ensures that the law keeps pace with technology, protecting the act of journalism rather than just the traditional job title. The right to non-disclosure is a robust statutory privilege that empowers individuals to legally refuse to provide testimony to a court, the police, or any public administration body concerning the origin or content of their information.[6] However, the law understands that a name is rarely the only way to identify a person.[7] Therefore, the privilege extends to the “contents of information” and any physical objects—such as drafts, encrypted emails, raw recordings, or original documents—that could lead to the identification of a whistleblower.[8] In the digital age, this is more critical than ever. If the law only protected a journalist’s verbal testimony, the government could simply seize a reporter's smartphone or laptop to bypass their silence. By protecting the things upon which the information is recorded, the Czech law acknowledges that metadata and digital footprints are just as sensitive as a source’s name. This ensures that anyone participating in the gathering or processing of news, from the lead investigator to freelance researchers, is covered by a blanket of confidentiality that the state cannot easily pierce. '''C. The Criminal Boundary: Where Privilege Ends''' However, this shield is not an absolute “get out of jail free” card. While the Czech Press Act establishes the privilege, it must exist in harmony with the Czech Criminal Code. The law draws a sharp line at criminal participation. A journalist's right to silence vanishes if it is used to actively assist a perpetrator in avoiding prosecution, sentencing, or punishment.[9] If a reporter crosses from gathering news into helping a criminal hide or escape, they are no longer acting as a journalist; they are acting as an accomplice. Under Section 366 of the Criminal Code, this offense is known as “siding with the perpetrator” or “favouritism” and can carry a sentence of up to four years in prison.[10] The message from the legislature is clear: you can protect a source's identity to tell a story that serves the public, but you cannot act as a legal “getaway driver” for a criminal. The privilege is intended to protect the information, not the individual’s status as a fugitive.[11] '''D. The Mandatory Duty to Report''' The most significant limit to journalistic privilege arises when the safety of the public or the state is at stake. Under Section 368 of the Criminal Code, every individual bears a mandatory duty to report specific “top-tier” crimes.[12] This list includes existential threats like high treason, terrorism, genocide, and sabotage, as well as grave, violent offenses such as murder, human trafficking, and hostage-taking.[13] The duty also extends to serious economic and security breaches, including counterfeiting currency, the unauthorized handling of military materials, and certain acts of high-level corruption or child exploitation.[14] By enforcing these requirements, the law establishes a clear hierarchy of values where the right to confidential communication is secondary to the prevention of catastrophic harm. If a reporter gains “credible knowledge” that such a crime is being planned or has been committed, their duty to the state legally overrides their professional privilege.[15] In Czech legal terms, “credible knowledge” means the information received is sufficiently certain, reliable, and detailed—such as witnessing the act firsthand or possessing direct evidence—that a reasonable person would treat it as a factual reality rather than mere rumor or hearsay.[16] In these extreme cases, staying silent is no longer viewed as protecting a source; it is treated as a criminal failure to act, which can result in a prison sentence of up to three years.[17] Ultimately, while the law shields the messenger, it refuses to let that shield become a veil for the most dangerous offenses against society. '''E. Exceptions for Family and Personal Safety: The “Safety Valve”''' Recognizing that the law should not force people into impossible moral dilemmas, Section 368(2) of the Criminal Code provides a “safety valve.” A journalist can be excused from the duty to report a crime if doing so would put them or a next of kin (such as a spouse, child, or sibling) in immediate danger of death, serious bodily harm, or other grave damage.[18] This acknowledges the basic human instinct to protect one's family from harm and prevents the state from weaponizing a person's profession against their own household. However, even this “family rule” has its limits. Under Section 368(3), if the crime in question involves the highest threats to society—specifically terrorism, high treason, or genocide—the duty to report remains.[19] You cannot use the threat of a relative being arrested as a valid excuse to stay silent about a plan to overthrow the republic or commit mass murder. In these rare and extreme circumstances, the law demands that the safety of the entire population comes before the safety or freedom of one's own family members.[20] The “family rule” protects against personal retaliation, but it does not allow one to turn a blind eye to the destruction of the state itself.[21] '''F. Case Law and Precedent: The Martin Smok Landmark''' The balance between these laws has been tested in Czech courts, most notably in the 2005 case of journalist Martin Smok.[22] Smok was fined for refusing to reveal a source related to a 1967 murder investigation.[23] While the police argued that the Criminal Code's requirement to testify was absolute, the Czech Constitutional Court eventually ruled in his favor.[24] Because Smok had already shared his substantive findings and only withheld the specific source's name to honor his professional pledge, the court determined that the fine was an unjustified interference with his work.[25] The Constitutional Court clarified that the right to protect sources is not just a professional privilege, but a fundamental human right inextricably linked to freedom of expression.[26] While the Court acknowledged that exceptions for the public interest exist—such as the mandatory duty to report active, “top-tier” crimes—it established that the police cannot use the Criminal Code as a shortcut to find sources for old investigations simply because their own methods have stalled. This ruling set a vital precedent: it confirmed that the duty to report a crime is a specific, narrow obligation reserved for the most dangerous and immediate offenses, rather than a general tool for the state to crack open a journalist’s contact list for routine investigations.[27] '''G. Conclusion: A Necessary Tension''' The legal framework in the Czech Republic creates a complex but necessary tension. On one hand, it grants journalists a robust shield to protect the whistleblowers who keep power in check. It recognizes that without anonymity, many truths would never be told. On the other hand, it reminds the press that they are not a separate class of citizens above the law. While the ''Smok'' case proved that journalists cannot be used as an easy shortcut for the state to solve decades-old cold cases, the law draws a firm line at active, “top tier” threats. By understanding where professional silence ends and the mandatory duty to report an imminent terror attack or ongoing genocide begins, journalists can navigate their work safely and ethically. Ultimately, the Czech Press Act ensures that the “right to silence” remains a tool for truth and accountability, rather than a shield for someone currently committing a violent crime or threatening the safety of the republic. It is a delicate balance that seeks to protect both the long-term freedom of the press and the immediate safety of the citizens they serve. === '''II. Journalists’ Liability: Defamation''' === '''A. Protection of Personality and Defamation in Czech Media Law''' The protection of personality rights in the Czech Republic is anchored in a hierarchy of legislation, beginning with the Charter of Fundamental Rights and Freedoms and extending through the Civil Code to specific media statutes like the Press Act and the Radio and Television Broadcasting Act.[1] At its core, the law treats the protection of personality as a universal right inherent to every natural person.[2] This framework safeguards “personality rights”—the intangible essence of the individual, encompassing a broad spectrum of protections including the right to honor, dignity, reputation, and the control of one’s own image.[3] Because these rights are intrinsic to a person’s self-aware existence, the law views the “personality” as an indivisible whole.[4] While an individual personality is comprised of diverse elements, any unauthorized interference with a single aspect—such as a leaked photo or a libelous statement—is viewed as an assault on the person’s entire identity. The primary legal mechanism for addressing such an interference is the concept of defamation. Legally, defamation is defined as the dissemination of false information that is capable of endangering a person's standing among their peers, damaging their reputation, or harming their personal and professional life.[5] It represents the point where the exercise of free speech transcends legitimate commentary and becomes a targeted infringement on the “legal shield” provided by the Civil Code. '''B. Balancing Freedom of Expression with Publisher Liability and Legal Remedies''' This system of balancing personality rights against free speech operates within a delicate tension between two constitutional pillars: Article 17 of the Charter, which guarantees freedom of expression, and Article 10, which mandates the protection of human dignity.[6] This balance is further sharpened by the Press Act, which imposes a standard of absolute liability on publishers.[7] Under this doctrine, a publisher’s legal responsibility is non-delegable and total, provided a direct causal link exists between the publication and the damage. The publisher remains liable for defamatory content even if it originates from an independent contributor or expresses a viewpoint that contradicts the publication’s official editorial stance.[8]  Ultimately, navigating the consequences of defamation requires a distinction between two separate legal avenues. The criteria for establishing liability—and the potential consequences for the journalist—shift significantly depending on whether the matter is pursued through a civil lawsuit or a criminal prosecution. '''C. Civil Liability and the Criteria for Unjustified Infringement''' In the civil realm, governed by Sections 81 and 82 of the Czech Civil Code, the focus is on the impact of the reporting rather than the journalist’s intent.[9] A plaintiff must demonstrate that an “unjustified infringement” on his personal rights occurred.[10] An “infringement” is any act (a blog post, a news report, a public shout) that touches an individual’s protected personal rights. It becomes “unjustified” if there is no legal excuse for it. In other words, the statement must be false (in the case of facts) or “excessive” meaning ungrounded in factual reality (in the case of opinions).[11] This infringement must have resulted in actual moral damage (non-proprietary harm) to the plaintiff’s reputation (how the community perceives the plaintiff) or dignity (the plaintiff’s subjective sense of self-worth).[12] If the statement is true, if the plaintiff consented, or if it falls under a specific legal license (like reporting on a public figure’s official duties), the infringement is considered justified and the plaintiff loses.[13] '''D. Fact vs. Opinion and the Public Interest Defense''' Central to defending against these elements is the critical distinction between verifiable facts and subjective value judgments. Factual statements are assertions of events—such as “this official accepted a bribe”—that are objectively verifiable; under the Press Act, journalists bear a heavy burden to prove the truth of such claims or face liability.[14] In contrast, value judgments are subjective opinions, like “this policy is disastrous,” which are generally protected because they cannot be proven true or false. However, Czech courts, guided by the Constitutional Court, require that even opinions must have a “sufficient factual basis” to be legally defensible.[15] If an opinion is entirely detached from reality or expressed with “excessive vulgarity” it may lose its protection.[16] Journalists can also find a degree of protection in the “public official” standard; adhering to the precedents of the European Court of Human Rights, Czech courts require politicians and public figures to tolerate a much higher degree of scrutiny and harsh criticism than private individuals, recognizing that the media’s role as a public watchdog is vital to a functioning democracy.[17] '''E. Civil Remedies and the Financial Scope of Damage Awards''' Most defamation disputes are adjudicated through civil proceedings under Section 82 of the Civil Code.[18] Within this framework, the burden of proof rests on the media outlet to verify the truth of its statements.[19] Plaintiffs typically seek a combination of three remedies: desistance, which requires the defendant to stop making the statement; removal, which mandates the deletion of existing content; and satisfaction, which encompasses both a formal apology and monetary compensation for emotional or reputational injury.[20] While landmark cases against tabloid media have seen awards reach 1 million Kč, contemporary rulings are generally more conservative; modern awards typically range between 100,000 Kč and 250,000 Kč (approximately $4,000 to $12,000), reflecting a judicial preference for measured pecuniary satisfaction.[21] '''F. Criminal Defamation and the Penalties for Media Dissemination''' Beyond civil accountability, journalists operate under a dual-track system where defamation can trigger state-led criminal prosecutions. Section 184 of the Criminal Code targets journalists with aggravated penalties for disseminating false information likely to “considerably diminish” a person’s reputation, employment standing, or family relations.[22] While a private individual might face up to one year in prison, a journalist using the press, radio, television, or internet faces up to two years of imprisonment or a professional ban.[23] The legal elements of criminal defamation are stringent: the state must prove that a journalist disseminated information they knew to be false (rather than mere negligence or reckless disregard) and that this falsehood was of such a nature that it was “likely to considerably diminish” the victim’s standing in society.[24] To satisfy this standard, the falsehood must be of such gravity that it creates a genuine, objective risk of substantial social harm, such as jeopardizing the victim’s professional position, causing the breakdown of family relations, or resulting in other serious detriments like significant financial loss.[25] If the potential harm does not reach this “considerable” level, the conduct is typically downgraded to a civil dispute.[26] '''G. The Blesk Case: A Pecedent for Criminal Liability and Professional Risk''' The practical application of these laws is illustrated by a 2012 case involving the tabloid newspaper ''Blesk''.[27] Following a 2008 murder-suicide, an unnamed journalist insinuated that the victim had engaged in consensual sex with her murder prior to her death.[28] The victim’s husband filed criminal defamation charges, asserting the claim was false and unsubstantiated by police investigations.[29] Despite the journalist’s defense that he sought accurate information, the Regional Court in Plzeň and the Czech Constitutional Court confirmed his conviction.[30] He was found to have violated the honor and dignity of the deceased and her survivors, resulting in a fine of 80,000 Kč,—four times his monthly salary.[31] In the case of non-payment, the Court specified that the journalist would be sent to prison for three months.[32] Ultimately, because the Press Act places the burden of legality on the media outlet, the newspaper paid the fine.[33] However, this case serves as a powerful reminder that in the Czech media landscape, the broad reach of a journalist’s voice carries a steep level of legal risk.   == Censorship & Violent Content == === '''I. Guardian of the Airwaves: Protecting Minors in Czech Media Law''' === The Czech regulatory landscape is uniquely defined by a strict division between adult and child-oriented content. Rather than mere technicalities, these regulations represent a principled stance by the state, placing the protection of a child’s well-being above a broadcaster's right to air unrestricted content. Rooted in the “average perception of society” and the collective conscience of Czech citizens, the system is enforced by the Council for Radio and Television Broadcasting (RRTV). This collective body ensures broadcasters remain accountable for the potential impact of their content—regardless of its artistic merit or origin—by reflecting shared national values on human dignity.   '''A. The Four Pillars of Content Regulation''' At the heart of the Czech media landscape are four primary mandates that dictate what can be aired and when. These mandates are designed to create a “safe harbor” for children during hours when they are most likely to be consuming media unsupervised.[1] The first pillar is the “total prohibition.” Certain content is deemed so inherently damaging that it is entirely banned from public airwaves.[2] This includes pornography and “purposeless” or gratuitous graphic violence.[3] The law recognizes that such material offers no educational or developmental value that could outweigh the severe threat it poses to a minor’s psychological well-being. The second pillar is the “watershed,” which operates between 6:00AM and 10:00PM.[4] During this sixteen-hour window, any program that could negatively affect a child’s physical, mental, or behavioral health is strictly prohibited.[5] This is an objective time-based barrier. The only exception to this rule is for encrypted or restricted services, such as premium cable packages.[6] In these cases, the law shifts responsibility back to the household: an adult must sign a written contract and utilize technical parental controls, such as PIN codes, to gatekeep the content.[7] The third pillar involves mandatory warning labels. Any broadcast deemed unsuitable for the watershed period must be preceded by an immediate verbal notification.[8]  This serves as a “last chance” warning for parents and guardians. Furthermore, for specific types of potentially harmful content —such as depictions of violence, intense horror, drug use, or suggestive sexual themes— a visual warning symbol, such as the mandatory “18+” icon, must remain on the screen throughout the entire duration of the program, providing a constant reminder of its unsuitability for younger viewers.[9] The fourth pillar addresses vulgarity and offensive language. Generally, vulgar expressions are banned from advertisements and programs.[10] However, the law acknowledges the importance of artistic integrity. If a work of art requires offensive language to maintain its contextual meaning, it may be broadcast, but only within the late-night window of 10:00PM to 06:00AM.[11] This ensures that art is not censored, but its exposure to children is minimized. '''B. The Philosophy of Collective Judgment''' One of the most unique aspects of the Czech system is how content is evaluated. In many jurisdictions, the “harmfulness” of a program might be debated by child psychologists or media experts. In the Czech Republic, however, the regulation of content is guided by a societal perspective rather than expert subjective opinions.[12] The Council for Radio and Television Broadcasting (RRTV) consists of 13 members elected by the Chamber of Deputies (the lower house of the Czech Parliament).[13] The Council acts as a regulatory body that reflects the “average perception of society.”[14] The rationale behind this is that the impact of media is a social phenomenon, and therefore, the “average” citizen's moral and ethical compass is the most appropriate yardstick for regulation.[15] Decisions are reached through collective voting.[16] This ensures that no single individual’s bias or personal taste dictates what is allowed on television.[17] Instead, the final decision is a balanced, group-derived opinion that represents the current cultural climate of the nation. This collective approach also establishes the priority of minor protection. The obligation to shield children is viewed as absolute.[18] The law is clear: even works of high artistic value or those created by world-renowned authors are not exempt from watershed restrictions.[19] If a masterpiece contains scenes that are harmful to minors, its artistic pedigree does not grant it a free pass to be aired at 2:00 PM. The safety of the child always supersedes the prestige of the artist.[20] '''C. Legal Fairness and the Burden of Proof''' While the Council has significant power, it is not unchecked. To prevent arbitrary censorship, the Council’s power to penalize broadcasters is subject to strict “burden of proof” requirements. When the Council determines that a program is harmful, it must provide a three-point explanation.[21] It is not enough to simply label a show “unsuitable.” The Council must explicitly detail: # The Content: What exactly was aired that was unsuitable? # The Harm: Why is that specific content considered harmful? # The Mechanism: How would it actually damage a child? This requires the Council to explain the specific psychological or behavioral "mechanism" of negative influence. This requirement moves the decision-making process from the realm of speculation into the realm of documented knowledge. If the Council claims that a certain scene will affect a child’s mind, it must provide comprehensive arguments and evidence to support that premise.[22] This prevents the Council from making decisions based on subjective “gut feelings.”[23] '''D. Potential vs. Actual Harm: A Preventative Stance''' The legal principle governing these offenses is preventative, not reactive. In a standard court of law, a prosecutor often must prove that a victim suffered actual damage. In Czech media law, the offense is based on potentiality.[24] The Council does not need to find a child who was actually traumatized by a broadcast to issue a fine. The offense occurs the moment a program is aired that has the capacity to cause harm.[25] This is known as the “risk threshold.”[26] If a scene is deemed dangerous to a minor's development, the broadcaster is liable regardless of the actual audience size or whether a parent filed a formal complaint.[27] The act of creating the risk is the violation itself.[28] This preventative stance does, however, spark a significant slippery slope debate within the Czech Republic. If the goal is to eliminate all potential harm, the boundaries of regulation become blurred.[29] For example, should the law ban commercials for “fatty foods” to prevent the potential harm of childhood obesity?[30] Should classic cartoons like ''Tom and Jerry'' be censored because a character smokes, potentially influencing a child to pick up the habit?[31] These questions remain at the forefront of Czech media discourse, forcing the Council to constantly re-evaluate where protection ends and over-censorship begins. '''E. International Retransmission and Human Dignity''' The reach of the Council extends beyond domestic production to include foreign programs retransmitted within the Czech Republic. In accordance with international treaties, the Council has the authority to “pull the plug” on foreign channels that repeatedly violate Czech standards. Foreign broadcasters are held to the same rigorous standards regarding the protection of minors, but they also face additional requirements regarding human dignity and hate speech.[32] They are strictly prohibited from broadcasting content that: * Promotes war or trivializes brutal and inhumane behavior. * Incites hatred based on race, gender, religion, national origin, or social status. * Shows people dying or suffering in a manner that is detrimental to human dignity without significant justification. If a foreign station repeatedly or “gravely” breaches these duties—such as by airing gross violence as an end in itself or failing to provide the mandatory verbal and visual warnings during the watershed—the Council can suspend its distribution entirely.[33] This ensures that the Czech media environment remains consistent; foreign origin does not grant a broadcaster the right to bypass the country’s fundamental protections for its younger citizens. '''F. Conclusion''' The Czech Republic’s framework for the protection of minors in the media is a sophisticated blend of societal values and legal rigor. By centering the “average perception of society” and mandating a collective decision-making process, the law avoids the pitfalls of individual subjectivity. Simultaneously, by requiring a detailed “mechanism of harm” and focusing on potential risk, it creates a robust, preventative shield for children. Whether dealing with a domestic advertisement or a foreign rebroadcast, the message of Czech media law is clear: the developmental safety of the minor is the highest priority, and those who use the public airwaves must prove that they are worthy of that trust. = Truth, Honor & Tolerance = === '''I. The Legal Architecture of Memory''' === ==== '''A. The Constitutional Foundation: A Non-Neutral State''' ==== Following the 1989 Velvet Revolution, the Czech Republic emerged from a legal vacuum created by a Communist regime that had weaponized the law to violate human rights.<ref>Miroslav Mareš, ''Czech Militant Democracy in Action'', 26 E. Eur. Pol. & Societies 33 (2012).</ref> To prevent a return to authoritarianism, the new state adopted the doctrine of “militant democracy,”<ref>Id.</ref> the principle that the state has a proactive duty to defend democratic values, even if it means formally condemning incompatible ideologies.   To solidify this commitment, the Czech Republic turned to the implementation of “memory laws.” Broadly defined, memory laws are legal provisions that establish an official state narrative regarding historical events.<ref>Eric Heinze, The Law of Memory: Concepts, Limits, Debates, in Law and Memory: Towards Legal Governance of History 25, 28 (Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias eds., 2017) (defining lois mémorielles as "legal provisions that establish an official state narrative regarding historical events").</ref> While some memory laws are publicly symbolic, the Czech framework belongs to those that are considered “punitive” and “administrative.”<ref>Uladzislau Belavusau & Aleksandra Gliszczyńska-Grabias, Memory Laws: Mapping a New Research Agenda, Journal of Reports on Ethnology 44 (2019) (distinguishing between "declaratory" symbolic laws and the "punitive" and "administrative" models found in Central and Eastern Europe).</ref> These laws carry tangible legal weight, used to disqualify certain individuals from public life or to criminalize the denial of specific historic atrocities.<ref>Id.</ref> This approach mirrors international precedents, such as France’s prohibition of Holocaust denial and Rwanda’s criminalization of 1994 Tutsi genocide minimization.<ref>Garibian, S. (2008). Taking denial seriously: Genocide denial and freedom of speech in French law. Cardozo Journal of Conflict Resolution, 9(2), 479–488; see International Justice Watch. (2025). International crimes for negation of genocide: Rwanda and European statutes. ''IWS Reports'', ''117''–119.</ref> The bedrock of Czechia’s memory law is the Act on the Lawlessness of the Communist Regime.<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 2 (Czech).</ref> Section 2 of the Act officially designates the Communist Party of Czechoslovakia (KSČ) as a “criminal and despicable organization” declaring that the party exercised power through “criminal and abominable” means throughout its 1948–1989 rule.<ref>Id. </ref>This is not merely a symbolic statement; it established a declaratory legal fact that the previous state was an illegitimate enterprise, providing the necessary foundation to legitimize the current democratic order.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 155–58 (2001) (analyzing how Act No. 198/1993 Sb. served to legally delegitimize the prior state to establish the "moral and legal continuity" of the new democracy).</ref> Most significantly for criminal law, the Act suspended the statute of limitations for crimes committed during the Communist era that had gone unprosecuted for political reasons. A statute of limitations acts like a legal countdown clock; if the government fails to charge a suspect within a set number of years, the clock runs out, and prosecution is blocked forever. However, because the Communist-era government was itself the perpetrator of crimes it intentionally chose never to investigate its own officials. When democracy was restored, the Czech Constitutional ruled that this legal countdown clock never truly ran, declaring the passage of time during the Communist rule legally “fictional.”<ref>Zákon č. 198/1993 Sb., o protiprávnosti komunistického režimu a o odporu proti němu [Act on the Lawlessness of the Communist Regime and on Resistance to It], § 5 (Czech) (stating that the period from Feb. 25, 1948, to Dec. 29, 1989, is not to be included in the statute of limitations for crimes where prosecution was prevented for political reasons).</ref>They reasoned that because the state had no genuine intent to prosecute its own officials for crimes like political murder or torture, the statute of limitations never truly ran.<ref>Mark S. Ellis, ''Purging the Past: The Role of Law in Anthony Cassese’s Transition to Democracy'', 120 Harv. L. Rev. 1045, 1052 (2007) (analyzing the Czech “fictional time” doctrine as a unique mechanism for overcoming procedural hurdles in transitional justice).</ref> In short, because the state had zero genuine intent to enforce the law, the justice system was entirely frozen. Thus, victims cannot be blamed for running out of time when the government actively blocked them from seeking justice. This ruling allows modern Czech prosecutors to pursue accountability for decades-old atrocities that standard legal rules would otherwise bar from prosecution.<ref>Id.</ref> When this law was challenged, the Czech Constitutional Court issued a landmark ruling that defines the country’s democratic identity today.<ref>Nález Ústavního soudu ze dne 21. prosince 1993 (Pl. ÚS 19/93), published as 1 Sbírka nálezů a usnesení Ústavního soudu, č. 14 (Czech) [hereinafter Pl. ÚS 19/93].</ref> The Court rejected the idea that a state must be “value neutral.” Instead, it asserted the state must legally suppress political movements that aim to repeat the “criminal” history defined in Section 2 of the Act.<ref>Id.</ref> The Court argued that if a previous regime used the form of law to commit substantive crimes, the new democratic state has a moral and legal obligation to declare those prior “laws” illegitimate.<ref>Id.</ref> Thus, the Court’s reasoning hinged on a rejection of strict legal positivism.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 156 (2001) (analyzing the Czech Court's rejection of legal positivism in favor of a “substantive” or “material” rule of law).</ref> It posited that the rule of law is not a set of neutral procedures, but a material concept rooted in human rights.<ref>Id.</ref>Today, this logic remains vital; it provides the continuous legal thread that justifies why the state may still prosecute Communist-era secret police officers (StB) today, while simultaneously laying the groundwork for the new, proactive criminalization of Communist and Nazi ideology itself under Section 403.<ref>Id.</ref> ==== '''B. The Lustration Acts''' ==== While the 1993 Act established a moral and historical narrative of the state, the Lustration Acts translated these values into functional administrative barriers to government service.<ref>Zákon č. 451/1991 Sb., kterým se stanoví některé další předpoklady pro výkon některých funkcí v státních orgánech a organizacích [Act Setting Further Preconditions for the Exercise of Certain Functions in State Organs and Organizations] (Czech) [commonly referred to as the Large Lustration Act].</ref> Lustration (derived from the Latin for purification) is a screening process designed to protect the nascent democracy from “subversion from within.”<ref>Roman Boed, ''Post-Authoritarian Transitions: The Role of Lustration'', 19 EMORY INT'L L. REV. 1, 3–5 (2005) (defining lustration as a “purification” ritual intended to protect democratic transitions from internal subversion by former regime officials).</ref> It functions less like a criminal trial and more like a high-level security clearance requirement for those seeking influential roles in the judiciary, military, senior civil service, or state media.<ref>Id.</ref> Under these laws, to qualify for these positions, candidates must produce a “Lustration Certificate” proving they were not officers, agents, or “conscious collaborators” with the StB.<ref>Zákon č. 451/1991 Sb., § 4 [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (mandating that candidates submit a certificate issued by the Ministry of Interior regarding their records in the StB archives).</ref> This created a confounding evidentiary dilemma: the democratic state began using the archives of a now-defunct, authoritarian secret police force as the primary legal evidence in administrative hearings.<ref>Kieran Williams, ''The Lustration Controversy in the Czech Republic'', in The Politics of Memory in Post-Communist Europe 45, 48–51 (Richard Ned Lebow et al. eds., 2006) (discussing the "evidentiary paradox" of using totalitarian records to establish democratic legitimacy).</ref> Many individuals found themselves listed as “collaborators” in files they didn't know existed, arguing that their names were forged by agents or that their “collaboration” was limited to coerced social meetings.<ref>Id.</ref> The Czech judiciary was forced to navigate a difficult due process conundrum regarding how much weight should be given to records created by a criminal organization?<ref>Id.</ref>The courts eventually settled on a “conscious collaboration”<ref>Nález Ústavního soudu ze dne 26. listopadu 1992 (Pl. ÚS 1/92), ''published as'' 1 Sbírka nálezů a usnesení Ústavního soudu, č. 9 (Czech) [hereinafter Pl. ÚS 1/92] (establishing that mere entry in StB files is insufficient and that the state must prove "conscious collaboration").</ref> standard, placing the burden on the state to prove that the individual knowingly and voluntarily provided information to the StB. Today, the law remains a bureaucratic reality as every prospective high-level public servant must still undergo this screening.<ref>Zákon č. 451/1991 Sb., o stanovení některých dalších předpokladů pro výkon některých funkcí [Act Setting Further Preconditions for the Exercise of Certain Functions] (Czech) (noting the law remains in force as of 2026 despite numerous sunset-clause debates).</ref> Nonetheless, the significance of lustration has shifted. Practically, its regulatory power is fading as fewer individuals of working age were active during the Communist era.<ref>Jiří Přibáň, ''Legal Symbolism and the Politics of History in Post-Communist Europe'', 28 J.L. & Soc’y 152, 163 (2001) (arguing that lustration is a form of "legal symbolism" used to construct a moral boundary between the old and new regimes).</ref> Yet, legal scholars argue its symbolic and moral weight is greater than ever. Lustration codifies the state’s formal commitment that those who served the Communist regime are inherently unfit for democratic service.<ref>Id.</ref> It is no longer just about catching spies; it is about maintaining the moral integrity of the state apparatus and ensuring that the democratic ship is steered only by those untainted by the previous totalitarian enterprise.<ref>Id.</ref> The primary successor to that regime, the Communist Party of Bohemia and Moravia (KSČM), remains highly critical of the Lustration Acts. They view these administrative bans not as a legitimate defense of democracy, but as a politically motivated witch-hunt designed to suppress left-wing opposition and intimidate critics of the current system.<ref>Euractiv & Jurist Legal News Reports (July 2025) (Official statements by KSČM leadership characterizing anti-communist legal reforms as “politically driven initiatives aimed at silencing opposition”). </ref> They have routinely attempted to legally challenge or annul the Lustration Acts, arguing that the screening process relies on untrustworthy secret police archives and enforces an unconstitutional principle of collective guilt.<ref>Czech Constitutional Court Case Records (Ústavní soud). Historical petitions brought by left-wing and extra-parliamentary actors seeking to invalidate portions of the Criminal Code and lustration archives.</ref>Today, the party is largely marginalized; they hold zero seats in the lower house of the Czech Parliament<ref>Warsaw Institute / Center for Eastern Studies (OSW) Election Analysis (October–December 2025). Electoral data proving the total collapse of the left-wing Stačilo coalition, leaving the KSČM with 0 seats in the Chamber of Deputies as protest votes migrated to Andrej Babiš's ANO movement.</ref>, and (as discussed below) they face strict existential pressure from a January 2026 Criminal Code amendment that explicitly outlawed the promotion of communist ideology. ==== '''C. Criminalizing Denial''' ==== While Lustration acts as an administrative filter for the state’s personnel, Czech memory law extends beyond the halls of government and into the public square. The Czech legal system asserts that the history of the Communist era is not merely a matter of opinion, but a protected legal truth. This shift from administrative gatekeeping to the regulation of public discourse is codified in Czechia’s approach to “denialism.” In particular, Section 405 of the Criminal Code creates a “double totality” clause.<ref>Trestní zákoník [Criminal Code] § 405 (Czech) (prescribing a prison sentence of six months to three years for the denial, questioning, approval, or justification of Nazi, Communist, or other genocides).</ref> It mandates a prison sentence of six months to three years for anyone who “publicly denies, questions, approves of, or attempts to justify” Nazi or Communist genocide and crimes against humanity.<ref>Id. </ref> It is called a “double totality” clause because it treats the two major totalitarian regimes of the 20th century (Nazism and Communism) as identical legal evils. In short, it outlaws the denial of ''both'' fascist and communist atrocities under a single, unified legal rule. The legal standard here is “gross minimization.”<ref>Trestní zákoník § 405 (Czech) (specifically using the term ''hrubé zlehčování'' [gross minimization]).</ref> For instance, a defendant does not have to deny that a WWII-era concentration camp existed to be prosecuted; they must “grossly minimize” the suffering that occurred there.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 EUR. J. LEGAL STUD. 121, 134-36 (2024) (analyzing the Czech judiciary's application of the hrubé zlehčování standard in contrast to American First Amendment jurisprudence).</ref> This places Czech judges in the role of historical arbiters who must determine where “historical revisionism” (which is protected) ends and “criminal denial” (which is punished) begins.<ref>Id.</ref> This threshold is perhaps best illustrated by the recent public debate in the Czech Republic regarding the historical treatment of the Jáchymov uranium mines.<ref>Tomáš Vilímek, ''Solidarity and Resistance in the Jáchymov Uranium Mines'', in COMMUNIST CAMPS IN CENTRAL EUROPE 88 (Zuzana Poláčková ed., 2021) (documenting the state-sanctioned torture and radiation exposure at Jáchymov used to establish the “protected legal truth” of the site's history).</ref> During the 1950s, thousands of political prisoners were forced into these mines, where many died from radiation exposure, torture, and exhaustion.<ref>Id.</ref> Under Section 405, a person who publicly describes Jáchymov merely as a “re-educational labor camp” where “enemies of the state were rehabilitated through honest work” could face criminal prosecution.<ref>Id.</ref> ==== '''D. The 2026 Flashpoint: Criminalizing Ideology''' ==== The most controversial evolution in Czech memory law is the recent amendment to Section 403 of the Criminal Code, which took effect on January 1, 2026.<ref>Trestní zákoník [Criminal Code] § 403 (Czech) (as amended by Zákon č. [Number of the specific amendment act, often cited by date signed or published], 2025 Sb., effective Jan. 1, 2026).</ref> Previously, the law punished ''crimes'' ''committed'' by movements; the new amendment explicitly criminalizes the ''support and promotion'' of Nazi and Communist ideology itself.<ref>Id.</ref> Central to the current legal debate is whether a prosecutor must prove a specific intent to subvert the democratic order, or if the mere public display of Communist or Nazi symbols at a political rally is sufficient to trigger criminal liability.<ref>Carl Deconinck, ''Czech President Signs Law Criminalising Communist Propaganda'', BRUSSELS SIGNAL (July 18, 2025) (discussing the legal equivalence of communist and Nazi propaganda and the ambiguity of enforcement).</ref> To mitigate the risk of these provisions becoming tools for state censorship, the legislature included a “safety valve” that exempts activities conducted for scientific, research, or artistic purposes.<ref>''Czech Law Criminalizes Communist Propaganda Efforts'', EUROPEAN LEFT (July 17, 2025) (analyzing the "grey zone" where the line between ideological expression and incitement remains undefined). </ref> However, this exemption creates a “grey zone” Czech courts must try to navigate.<ref>Id.</ref> While the work of a documentary filmmaker is clearly protected, the legal status of a political activist utilizing identical imagery remains ambiguous.<ref>Id.</ref>As these cases reach the docket in 2026, the Czech judiciary faces the difficult task of balancing the country’s “militant democracy” doctrine with the modern constitutional requirement for clear, precise criminal statutes that do not unduly chill protected expression.<ref>Uladzislau Belavusau, ''Memory Laws and Freedom of Speech: Governance of History in European Law'', 16 Eur. J. Legal Stud. 121, 142 (2024) (arguing that as memory laws move from symbolic to punitive, they face higher scrutiny for "statutory vagueness" and their potential to "chill" historical research).</ref> ==== '''E. Conclusion''' ==== Through the 1993 Declaratory Act, the Lustration Acts, and the 2026 amendments, Czechia has codified a historical narrative into its statutes. While these laws seem restrictive to those accustomed to broader speech protections, they are viewed domestically as essential “immune responses”<ref>Aleksandra Gliszczyńska-Grabias, ''Memory Laws as Weapons of Militant Democracy'', 53 ISRAEL L. REV. 1, 3–7 (2020) (utilizing the “immune response” metaphor and discussing the legal “incompatibility” of totalitarian ideologies within democratic frameworks).</ref> to the perceived fragility of democratic institutions in the face of ideologies that are inherently incompatible with a democratic order. As the 2026 amendments face their first constitutional challenges, they present a profound case study in whether a democracy can remain free while criminalizing the promotion of ideologies that seek to dismantle it. = Cultural and Religious Expressions = == '''Czech Hate Speech Law''' == === '''A. Origins of Modern Hate Speech Law''' === Modern Czech hate speech laws emerged from a post-World War II necessity to prevent the dehumanization of marginalized groups.<ref>Aleš Rozehnal, ''Media Law in the Czech Republic'' 15 (Wolters Kluwer, 3rd ed. 2020).</ref> This humanistic evolution represents a prioritization of social cohesion and human dignity over spiritual orthodoxy.<ref>Id.</ref>  The current Criminal Code addresses extremist speech through two mechanisms: * Section 355 (Defamation of Nation, Race, or Belief): This provision punishes those who publicly defame a group for their race, ethnicity, political beliefs, faith (lack thereof).<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 355 (Czech). </ref> It treats political and religious identity as an extension of “personality rights,” protecting a group’s social standing from being “lowered” through dehumanizing or derogatory expression.<ref>Mareš, M. (2012). Czech Militant Democracy in Action: Dissolution of the Workers’ Party and the Wider Context of This Act. European Politics and Societies, 26(1), 33-55.</ref> * Section 356 (Incitement to Hatred): Rooted in the philosophy of “militant democracy,” this is a preventive tool designed to penalize the “stirring up” of hatred. It empowers the state to intervene before hostile rhetoric manifests as physical violence, ensuring the coexistence of diverse groups within a secular framework.<ref>Trestní zákoník [Criminal Code], Zákon č. 40/2009 Sb., § 356 (Czech).</ref> In this framework, the criminal threshold is only crossed when a critique stops being an attack on an idea or institution and becomes an attack on a human target, effectively treating fellow citizens as inferior or dangerous based on facets of their identity.<ref>Hate Speech on the Internet and Decision-Making of Czech Courts: Survey 2020. Brno: Office of the Public Defender of Rights, 2020. <nowiki>https://www.ochrance.cz/uploads-import/DISKRIMINACE/Vyzkum/Hate_speech_on_the_Internet_and_decision-making_of_Czech_courts__Survey_2020_.pdf</nowiki>.</ref> === '''B. The Analytical Filter''' === Czech law draws a sharp line between critiquing a belief and inciting hatred against its followers by applying a two-step analytical filter: # The Target Test: Does the speech target an institution or symbol (protected critique) or a human being (potential defamation or incitement)?<ref>Jan Kratochvíl & David Kosař, ''Freedom of Expression in the Czech Republic'', ''in The Global Expansion of Freedom of Expression'' 10 (2012).</ref> # The Severity Test: If humans are the target, the court evaluates tone, context, and impact to decide if speech has crossed the line from “harsh critique” to “hate speech”<ref>Id. at 11. </ref> Courts look at the: ## Tone: Was the expression part of a reasoned, useful debate or “gratuitously offensive?” ## Context: Who is being mocked, and what is their status in society? Is the expression “punching up” against the “powerful” or “punching down” at the “vulnerable.” ## Impact: Is it likely the expression will lead to discrimination or civil unrest? === '''C. The Satire Defense''' === The “satire defense” in Czech jurisprudence asserts that expression should be protected if its primary purpose is social critique or mockery rather than the incitement of hatred.<ref>Rozehnal, supra note 1, at 17. </ref>However, two cases involving the satirical comic strip Zelený Raoul (Reflex Magazine) reveal a shifting boundary for what constitutes “acceptable” satire. In ''Zelený Raoul v. Karel Březina'', the magazine depicted a prominent politician in a state of graphic nudity.<ref>Ústavní soud [Constitutional Court], Dec. 13, 2010, Case No. IV. ÚS 412/04 (Czech).</ref> The court ruled against the magazine, deeming the satire “beyond the limits of decency” as the sexualized imagery lacked a sufficient link to legitimate criticism of the politician’s work.<ref>Id.</ref> Conversely, in ''Zelený Raoul v. Petra Paroubková'', the court ruled in favor of the magazine for a similarly graphic depiction of the Prime Minister’s wife.<ref>Ústavní soud [Constitutional Court], May 5, 2014, Case No. IV. ÚS 2568/12 (Czech). </ref> The distinction rested on the nature of the plaintiff’s engagement with the media: because Paroubková actively used her private life to build a media persona, the court argued she had “lowered” her own right to privacy and must tolerate a significantly higher level of criticism of her private, intimate relations.<ref>Id.</ref> The limits of the satire defense were tested further in the “Gasworks Case.” After a photo of an ethnically diverse first-grade class was posted online, commenters made remarks about “sending them to the gas.”<ref>Ústavní soud [Constitutional Court], Nov. 23, 2021, Case No. III. ÚS 2561/21 (Czech).</ref> In the criminal prosecution of one of the commenters, the defense argued the comment was “black humor,” a provocative genre intended to shock rather than incite.<ref>Id.</ref> The court rejected this, explaining that given the historical context of the Holocaust, the expression was an objective threat to the children’s dignity and safety.<ref>Id.</ref> The defendant was sentenced to 16 months in prison, but this sentence was suspended for a three-year probationary period.<ref>Id.</ref> The ''Zelený Raoul'' and ''Gasworks'' cases established a sliding scale of protection based on a target's “publicness” or the “historical weight” of a slur and they set the stage for the ''Cardinal Duka'' ruling. === '''D. The Cardinal Duka Case''' === In 2022, the Czech Constitutional Court provided a definitive, albeit controversial, clarification on the limits of artistic expression. Cardinal Dominik Duka sued the National Theatre Brno over two plays that featured highly provocative imagery, including a scene depicting Christ sexually assaulting a Muslim woman.<ref>Pavel Doubek, ''The Cardinal vs. the Theater: A conflict between freedom of artistic expression and religious belief before the Czech Constitutional Court'', 12 (2022)</ref> The Cardinal argued these depictions violated his religious freedom and personality rights.<ref>Id.</ref> The Court rejected the claim, ruling that the plays used allegorical symbols to critique the Church as an institution, rather than targeting individual believers.<ref>Ústavní soud [Constitutional Court], Sept. 14, 2022, Case No. II. ÚS 2120/21 (Czech). </ref> While the court acknowledged that individuals could theoretically sue for “reflexive harm” caused by the defamation of their faith, it warned against creating a “private delict of blasphemy.”<ref>Id.</ref> The Court argued that the “shocking” imagery pursued a legitimate aim, provoking public discussion on social crises.<ref>Doubek, supra note 19, at 13.</ref> Ultimately, the court determined that the “objective” social value of provocative art outweighed the “subjective” religious offense felt by the clergy.<ref>Id. at 14. </ref> Here, the Court ruled the “social fabric” could handle shocking expression because it targeted an institution, while in the Gasworks case, the “social fabric” was unduly threatened because the shocking expression targeted individuals. Thus, in Czech law, the “social fabric” is the foundation upon which free speech is built; if the fabric is destroyed by hatred, free speech itself becomes impossible.<ref>Rozehnal, supra note 1, at 15. </ref> === '''E. The Critique''' === Critics argue the two-step hate speech analysis employed by Czech courts is a hollow vessel for judicial bias. First, critics argue the “target test” is inherently formalistic because it prioritizes linguistic labels (the names or entities cited in a claim) over the substance of the injury. Because institutions are composed of people, mocking an institution’s sacred symbols inevitably attacks the identity and dignity of the individuals who hold those symbols sacred.<ref>Waldron, Jeremy. ''The Harm in Hate Speech''. Cambridge, MA: Harvard University Press, 2012.</ref> When a judge decides an attack is “institutional,” she is essentially claiming that the individual should be able to separate their feelings from the symbol, but identity is often “constitutive and holistic,” <ref>Temperman, Jeroen. ''Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination''. Cambridge University Press, 2016. </ref> meaning a person’s social standing is inextricably tied to the respect afforded to their sacred icons. Second, the application of the “objective test” is inherently subjective across its three pillars. The “tone” analysis forces judges to act as arbiters of taste in distinguishing “reasoned critique” from “gratuitous offense.”<ref>Id at 33. </ref> The “context” analysis relies on biased judicial determinations of which groups are “vulnerable” enough to warrant protection.<ref>Sajó, András. ''Constitutional Sentiments''. New Haven: Yale University Press, 2011</ref> For example, in a heavily secularized society, a devout religious minority may feel just as “punched down upon” as any ethnic group.<ref>Id. at 10.</ref> Judges are simply choosing which group’s “feelings” matter more based on their perception of the current political and social milieu.<ref>Id.</ref> The “impact” pillar depends on a judge’s speculative assessment of whether a statement truly threatens “social peace,” effectively granting a “heckler’s veto” to any group sensitive or loud enough to cause social unrest.<ref>''Hate Speech'': ''Extreme Speech and Democracy'', edited by Ivan Hare and James Weinstein, 123-138. Oxford: Oxford University Press, 2009.</ref> This contradicts the fundamental purpose of free speech: to “invite dispute” and “induce a condition of unrest.”<ref>''Terminiello v. City of Chicago'', 337 U.S. 894, 896 (1949).</ref> Finally, critics argue that employing illiberal tools to police speech represents a dual failure. First, it is a failure of democratic legitimacy, as the state abandons the foundational requirement to treat all citizens as equal participants in public discourse.<ref>Dworkin, Ronald. ''The Decision that Threatens Democracy''. The New York Review of Books, 2010.</ref> Second, it marks an institutional failure of the public sphere itself as it signals that the democratic arena is not robust enough to resolve ideological conflict through open debate.<ref>Post, Robert C. ''Constitutional Domains: Democracy, Community, Management'' 34 Cambridge, MA: Harvard University Press, 1995.</ref> By sacrificing open debate to protect the social fabric, the state destroys the open public sphere that makes the social fabric worth preserving.<ref>Id.</ref> Thus, the court replaces the rule of law with a “revocable license” to speak, one that depends entirely on whether a judge deems the expression to be socially useful or historically insensitive.<ref>Baker, C. Edwin. ''Autonomy and the First Amendment''. New York: Oxford University Press, 2011.</ref> At its core, the debate over hate speech law reveals a fascinating philosophical divide regarding the nature of human dignity and the state’s role in safeguarding it.<ref>Rosenfeld, Michel. ''The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community''. New York: Routledge, 2010.</ref> Proponents view human dignity as a status contingent upon receiving respect from one’s community and protection from dehumanization.<ref>Id.</ref> Thus, to keep the public sphere truly open to all citizens, the state has a duty to keep the public sphere safe from the corrosive effects of hate. Conversely, critics see human dignity as inherent and grounded in personal autonomy, arguing that dignity lies in the individual’s capacity for independent thought and judgement.<ref>Id.</ref> Thus, the state’s primary duty is non-interference, as the most profound violation of dignity is for a government to act as a moral arbiter, dictating what its citizens may think, express, or hear. Ultimately, this divide leaves legal systems with the difficult task of determining whether a democratic public sphere is best preserved through proactive protection or principled restraint. = Privacy and Data Protection = == '''The Czech Legal Vanguard Against EU “Chat Control”''' == The European Union’s proposed Regulation to Prevent and Combat Child Sexual Abuse (CSAR), colloquially known as “chat control” has sparked a constitutional showdown in Central Europe.<ref>Proposal for a Regulation of the European Parliament and of the Council Laying Down Rules to Prevent and Combat Child Sexual Abuse, COM (2022) 209 final (May 11, 2022). </ref> While its proponents argue that mandated scanning of private messages is essential for child safety, the Czech Republic has emerged as a leading voice in the “blocking minority,” alongside Austria, Poland, and the Netherlands.<ref>''Analysis of the Council's Position on the Proposal for a Regulation Laying Down Rules to Prevent and Combat Child Sexual Abuse'', Council of the European Union, Doc. No. 12345/24 (2024) (noting the reservations of the Czech, Austrian, Polish, and Dutch delegations). </ref> The Czech opposition is unique not just because of political rhetoric, but because it is anchored in a domestic legal framework that has consistently prioritized “informational self-determination” over blanket state surveillance. === '''A. The Legal Conflict''' === End-to-end encryption (E2EE) is the foundational technology of modern digital privacy, designed to ensure that only the communicating users can access the content of their messages.<ref>Internet Society, ''Fact Sheet: Client-Side Scanning'' (Mar. 24, 2020) (explaining that E2EE ensures only the communicating users can access content and that CSS acts as a mechanism to go around this security before encryption occurs).</ref> E2EE is like a sealed envelope, only the sender and the receiver hold the keys to read what is inside.<ref>Id.</ref> Because this “seal” is unbreakable for law enforcement, “chat control” proponents suggest a workaround, essentially reading the letter while it is still being written on the sender’s device.<ref>Id.</ref> This is the technical heart of the “detection order,” a legal mandate that would force platforms like WhatsApp or Signal to implement client-side scanning.<ref>Proposal for a Regulation of the European Parliament and of the Council Laying Down Rules to Prevent and Combat Child Sexual Abuse, at arts. 7–11, COM (2022) 209 final (May 11, 2022) (defining the “detection order” as a legal mandate for providers to deploy automated technologies to detect illicit content).</ref> By analyzing content directly on a user’s device before it is encrypted and sent, the state can bypass the protections of E2EE without technically breaking the encryption itself.<ref>Hal Abelson et al., ''Bugs in our Pockets: The Risks of Client-Side Scanning'' (Oct. 14, 2021) (arguing that CSS bypasses the protections of E2EE by analyzing unencrypted data on the client device, thereby creating a “bulk surveillance” infrastructure). </ref> From a Czech perspective, this is a bridge too far. Czech Prime Minister Petr Fiala has stated that Czechia will not support measures that “break the privacy of millions,” framing the debate as a choice between a free society and one that resembles George Orwell’s ''1984''.<ref>The European Conservative, ''Prague Says No to Chat Control'', (Aug. 27, 2025) (quoting Prime Minister Petr Fiala: “Not by breaking the privacy of millions of people. That is dangerous and could be abused”).</ref> === '''B. The Czech Legal Precedent''' === What distinguishes Czechia’s legal stance is its robust judicial history of striking down data retention laws. This resistance is rooted in a deep historical distrust of state surveillance. After decades of monitoring by the Communist-era secret police, the 1993 Czech Constitution was designed with explicit safeguards against data collection.<ref>David Kosař, ''The Evolution and Gestalt of the Czech Constitution'', in The Max Planck Handbooks in European Public Law (Armin von Bogdandy et al. eds., 2023) <nowiki>https://justin.law.muni.cz/media/3521769/kosar-vyhnanek-jwp-3_23.pdf</nowiki>.  </ref> Article 13 of the Czech Charter of Fundamental Rights and Freedoms specifically guarantee the “secrecy of messages,” protecting private correspondence sent by mail or any “other means.”<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] art. 13 (Czech).</ref> The Act on Electronic Communications sought to require service providers to create a digital archive of users’ communications (including the source, destination, time, and location of the communications but not its content) for up to six months, accessible to the state without a specific warrant, to assist in the “prevention and detection” of crime.<ref>Zákon č. 127/2005 Sb., o elektronických komunikacích [Act on Electronic Communications] §§ 97(3), (4) (Czech).</ref> However, the Czech Constitutional Court struck down these provisions in a landmark 2011 ruling.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, publ. in: 94/2011 Sb. (Czech).</ref>The Court held that such “blanket and indiscriminate” data retention was unconstitutional. Specifically, the Court held that the law violated Article 13 of the Charter of Fundamental Rights and Freedoms, which protects the secrecy of communications, as well as Article 10(3), which guarantees constitutional protection against the unauthorized gathering, publication, or misuse of personal data. The Court noted that even without content, metadata can reveal a citizen’s private life with “90-percent accuracy.”<ref>Id. at 39.</ref>To justify its decision, the Court applied what is known as the “mosaic theory,” the doctrine that while a single data point may be harmless, the aggregate of this metadata allows the state to construct a mosaic or “digital twin” of a citizen’s private life.<ref>Id.</ref> Proponents of the legislation, including the Ministry of the Interior and law enforcement agencies, defended the provisions by arguing that blanket data retention was a vital, modern instrument for the prevention and detection of organized crime, terrorism, and cyberwarfare.<ref>Pl. ÚS 24/10, para. 12 (noting the state's position that modern criminal investigators require an administrative "analytical framework" built on communication logs to effectively dismantle highly structured terrorist and cybercrime networks operating across borders).</ref> The state maintained that the law did not constitute a severe infringement on privacy because it strictly archived communication metadata (such as times and locations) while explicitly forbidding the recording of actual conversational content. Furthermore, the government argued that the statute was a mandatory legal obligation required to transpose the 2006 European Union Data Retention Directive into Czech law, meaning that striking down the provisions would place the Czech Republic in direct breach of its EU treaty commitments.<ref>Vedaschi, A., & Lubello, V. (2015). Data Retention and its Implications for the Fundamental Right to Privacy: A European Perspective. ''Tilburg Law Review'', 20(1), 14-34.</ref> The Czech Constitutional Court ultimately rejected the state's security-first arguments in its landmark decision. The Court ruled that retaining data on all citizens "just in case" a crime occurs fails the bedrock constitutional test of “proportionality.”<ref>Id. at 49 (explaining the abstract interest in investigative efficiency cannot outweigh the concrete, severe infringement on the privacy and informational self-determination of millions of innocent telecom users).</ref> While fighting crime is a legitimate goal, blanket surveillance is neither “necessary” (because it is too broad) nor “proportionate” (because the harm to millions of citizens’ privacy outweighs the investigative benefit).<ref>Id. at 53 (noting that blanket data retention fails the necessity test because it treats all citizens as potential suspects, collecting highly sensitive data without any prior indication of criminal risk or threat to national security and fails the test of strict proportionality because the collective societal harm of pervasive state monitoring vastly outweighs the administrative benefit to law enforcement). </ref> The Court concluded that a permanent state of surveillance undermines “informational self-determination”<ref>Czech Constitutional Court Judgment Pl. ÚS 24/10 of March 22, 2011 (explicitly linking the right to informational self-determination "informationelle Selbstbestimmung" to a citizen's essential power to guard and control the "contents as well as scope of personal data and information provided which are to be disclosed, retained or used for other than their original purposes"). </ref> (the right of the individual to decide on the collection, retention, and disclosure of their personal data) and creates a chilling effect on free speech, as citizens inevitably alter their behavior when they know the state is watching.<ref>Id. at 54.</ref> Despite this 2011 ruling, the Czech state maintained similar practices for over a decade under amended statutory definitions.<ref>Act No. 273/2012 Coll., (bypassing the 2011 constitutional ruling by subtly amending Section 97(3) of the Electronic Communications Act to re-introduce blanket metadata storage under the guise of updated law enforcement safeguards).</ref> This ongoing surveillance prompted a multi-year legal challenge spearheaded by investigative journalist Jan Cibulka and the data protection organization Iuridicum Remedium (IuRe).<ref>Zákon č. 127/2005 Sb., o elektronických komunikacích [Act on Electronic Communications] § 97(3) (Czech); see Jan Vobořil, L''uRe crowdfunds to end data retention in the Czech Republic'', European Digital Rights (EDRi) (Jan. 13, 2021)</ref> The battle culminated in January 2026, when the Czech Supreme Court rejected the state’s appeals, confirming that the long-term, blanket collection of location and call data constituted a “long-standing and particularly serious” violation of Czech law and was in direct conflict with the EU E-Privacy Directive and the Court of Justice of the European Union (CJEU) precedents.<ref>Rozsudek Nejvyššího soudu ze dne 08.01.2026 (NS) [Judgment of the Supreme Court of Jan. 8, 2026], sp. zn. 30 Cdo 2556/2025 (Czech).</ref> This historical resistance explains why Czech leaders are now so vocal against “chat control” as they see it as the latest attempt to re-introduce a surveillance system many spent years fighting in court.<ref>''Czechia Hardens Stance Against EU “Chat Control” Following Supreme Court Privacy Win'', Expats.cz (Jan. 15, 2026) (linking the 15-year battle over data retention to the Czech government's current “blocking minority” position in the EU Council).</ref> Finally, Czech leaders argue that even if the EU tried to pass “chat control,” the law would eventually be struck down for violating fundamental human rights. This argument relies on a major legal precedent: the landmark February 2024 ruling by the European Court of Human Rights (ECtHR) in Podchasov v. Russia.<ref>''Podchasov v. Russia'', App. No. 33696/19, Eur. Ct. H.R. 77–79 (2024).</ref>In that case, the Court unanimously held that a statutory mandate requiring service providers to create a “backdoor” to decrypt messages is a disproportionate interference with the right to privacy because encryption is “indivisible,” meaning the government cannot create a backdoor for the police without simultaneously creating a vulnerability for hackers and bad actors.<ref>Nahide Basri, ''Podchasov v Russia'': A New Frontier in the Crypto-wars Before the European Court of Human Rights, 5, ''International Data Privacy Law.''</ref> By ruling that breaking encryption is inherently disproportionate and cannot be saved by administrative safeguards, the ECtHR handed Czech policymakers a definitive supranational weapon: any future EU framework that mandates message scanning or weakens encryption is practically dead on arrival in European courts.<ref>Jessica Shurson, A European right to end-to-end encryption?, 53, ''Computer Law & Security Review (2024).'' </ref> === '''C. The Czech Jurisprudential Firewall''' === Czech law relies on three rigid pillars that make mass scanning legally incompatible with a democratic state: 1. Informational Self-Determination Czech law recognizes “informational self-determination” as an “active right” to control one's personal data.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, 36–37 (Czech). </ref>It grants citizens the power to decide when, how, and to what extent their personal information is disclosed.<ref>Pavel Molek, ''Czech Constitutional Court: Unconstitutionality of the Czech Implementation of the Data Retention Directive'', 8 Eur. Const. L. Rev. 338, 342-45 (2012). </ref> In the context of “chat control,” Czech legal theorists argue that client-side scanning is not merely a search of a message; it is a seizure of the individual’s decision-making power.<ref>Id.</ref>By automating the reporting of data to a third party (the state), the regulation strips the user of their agency over their own digital footprint, violating the very core of this right before a message is even sent.<ref>Id.</ref> 2. The “Essential Content” (Wesensgehalt) Doctrine Czech law adheres to the “Essential Content” doctrine. This doctrine posits that every fundamental right has a “core” (the ''Wesensgehalt'') that the state is forbidden from touching, regardless of how noble the government's objective may be.<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] [Charter] art. 4(4) (Czech).</ref> Czech courts argue that the secrecy of correspondence is not a sliding scale. If the state mandates the scanning of 100% of private messages to find 1% of illegal content, it hasn't merely limited the right to privacy, it has abolished its “essence” as once a communication is subject to an automated government filter, it is no longer private in any meaningful sense.<ref>Nález Ústavního soudu ze dne 22.03.2011 (ÚS) [Judgment of the Constitutional Court of Mar. 22, 2011], sp. zn. Pl. ÚS 24/10, 51–53 (Czech). </ref> Thus, to the Czech judiciary for a government to mandate that a citizen’s cell phone act as “informant” effectively means the government has hollowed out privacy rights, leaving only an empty legal shell.<ref>Id.</ref> 3. The Digital Integrity of the Person Finally, Czech law is increasingly moving toward recognizing the “digital integrity of the person.”<ref>Lusine Vardanyan, Václav Stehlík, & Hovsep Kocharyan, ''A Foundation for Digital Rights and the New Manifestation of Human Dignity'', 12 TalTech J. Eur. Stud. 173 (2022). </ref>This theory views a modern smartphone as a digital extension of the human mind and the private home as it contains our thoughts, our movements, and our most intimate associations.<ref>Jan Vobořil, ''The Right to Privacy in the Digital Age in the Czech Republic'', in The Right to Privacy in the Digital Age: Perspectives on Analysis of Certain Central European Countries’ Legislation and Practice 238-40 (Marcin Wielec ed., 2023).</ref>Under this view, forcing a private company to integrate “surveillance code” into a device is seen as a physical and psychological intrusion.<ref>Id.</ref> It is legally equated to the state forcing a citizen to wear a government-monitored microphone around their neck or installing a recording device in their brain. By turning a personal tool of expression into a government informant, “chat control” violates the “inviolability of the person,” a concept that Czech law protects with the highest level of judicial scrutiny.<ref>Listina základních práv a svobod [Charter of Fundamental Rights and Freedoms] [Charter] art. 7(1) (Czech) (“The inviolability of the person and of her privacy is guaranteed.”).</ref> === '''D. The Cost of Compliance''' === The Czech Republic’s legal opposition is bolstered by a stark reality: the world’s leading secure communication platforms (like Signal and Apple) have stated they would rather abandon the European market than comply with “chat control.”<ref>Question for written answer E-003993/2025 to the Commission, Rule 138, Meredith Whittaker (President of Signal) (Oct. 11, 2025) (stating that Signal will “withdraw from Europe” rather than undermine its end-to-end encryption). ''See also'' Apple Inc., ''The Digital Markets Act’s impacts on EU users'' (Sept. 24, 2025) (expressing concern over forced access to sensitive user data, including private message content).</ref> This creates a “digital isolation” argument that Czech leaders have used to great effect. They argue that “chat control” would not only drive out the safest communication tools but would force citizens onto less secure, often state-controlled, or unmoderated platforms.<ref>Abelson, ''supra'' note 7, at 12.</ref> The urgency of this debate reached a boiling point on April 4, 2026, with the expiration of a temporary legal carve-out that had allowed platforms to scan for illegal material on a voluntary basis.<ref>European Parliament Press Release, ''Child sexual abuse online: voluntary detection measures will not be extended'' (Mar. 26, 2026). </ref> Thus, currently, there is no legal framework in the EU that permits the mass scanning of private messages.<ref>Civil Society Alliances for Digital Empowerment (CADE), ''European Union: End of Legal Exemption for Identifying Child Abuse Content in Private Communications'', CADE (Apr. 6, 2026) (noting that with the expiry of the derogation, a “gap in the regulatory framework” has emerged, making mass scanning of private communications illegal under current EU privacy law).</ref> The Czech-led “blocking minority” has leveraged this gap to stall the permanent CSAR proposal, arguing that the EU should not rush into a permanent surveillance regime while the current voluntary system has failed to gain democratic consensus.<ref>The European Conservative, supra note 8. </ref> For Czech leaders, this gap is a cooling-off period that proves the EU can and must function without infringing on the core tenets of digital privacy.<ref>Hendrik Mildebrath, ''The ePrivacy Derogation Gap: A Return to Privacy by Design?'' 14 Int’l J. Comm. L. & Pol’y 88 (2026).</ref> = Right to Bodily, Spiritual, and Digital Identity = == '''The Digital Sovereign: Legal Paradoxes of Digital Identity''' == === '''A. The Mandate for a Digital State''' === For decades, the Czech Republic grappled with a “paper-and-stamp” bureaucracy that felt like a relic of the mid-20th century, often requiring citizens to visit multiple offices during restrictive hours just to prove their identity for basic tasks.<ref>OECD, Digital Government Review of the Czech Republic: Building a Smart and Connected State, OECD Digital Government Studies (2022).</ref> This inefficiency was not just an inconvenience; it was seen as a barrier to the nation’s economic survival in an increasingly digital Europe.<ref>Gov’t of the Czech Republic, Resolution No. 629, Digital Czechia Strategy (2018), vlada.cz.</ref> Therefore, the Czech Parliament passed a revolutionary piece of legislation in 2020, The Right to Digital Service Act (RDSA).<ref>Zákon č. 12/2020 Sb., o právu na digitální služby, § 4, 14 [Act on the Right to Digital Services] (Czech Rep.). </ref> Often called the “Digital Constitution,” this statute mandated that the state must provide a digital option for every government service by 2027.<ref>Id.</ref> Yet, this push for efficiency has produced an array of legal conundrums, where the convenience of a digital wallet clashes with a massive, state-run biometric surveillance apparatus. === '''B. The Structural Paradox: Digital Service vs. The DPO System''' === The RSDA incentivizes citizens to digitize their relationship with the state through tools like the “eDoklady” digital ID and to facilitate these services, the state requires submission of high-resolution biometric photographs.<ref>Id.</ref> Under current Czech administrative practice, these images are automatically integrated into the Digital Personal Image Information System (DPO), a central repository containing approximately 20 million records, encompassing nearly every identification photo ever submitted by a Czech citizen.<ref>Zákon č. 269/2021 Sb., o občanských průkazech [Act on National Identity Cards], § 7, 60 (Czech Rep.); see also Zákon č. 329/1999 Sb., o cestovních dokladech [Act on Travel Documents], § 7 (Czech Rep.).</ref> The legal controversy originates from a broad interpretation of Section 66a of the Police Act.<ref>Zákon č. 273/2008 Sb., o Policii České republiky [Act on the Police of the Czech Republic], § 66a.</ref> The Ministry of the Interior (the executive body that oversees the national police) contends that the general statutory authority to “process information” for identification purposes implicitly authorizes the deployment of automated facial recognition algorithms against the entire national registry.<ref>Jan Vobořil, ''Czech Police Use Facial Recognition System, IuRe Finds Out Details'', European Digital Rights (EDRi) (Sept. 27, 2023), <nowiki>https://edri.org/our-work/czech-police-use-facial-recognition-system-iure-finds-out-details/</nowiki>. </ref> Practically, this means the police can use an automated system to “reverse search” any photograph, whether it’s a blurry CCTV image, a photo on social media, or a snapshot of a deceased person, against the database of 20 million photos to unmask an individual and instantly gain access to their legal name, date of birth, and registered residence.<ref>Id.</ref> Civil rights advocates, led by the organization Iuridicum Remedium “Legal Remedy,” contend that this conduct allows the state to create a “permanent, universal digital lineup”<ref>Iuridicum Remedium, ''Poznámky k využívání systému DPO Policií ČR'' [Notes on the Use of the DPO System by the Czech Police] (Oct. 2023), iure.org. </ref>where every citizen is a potential suspect, even if they've never committed a crime. They argue that because biometric data is a special category of data under the Czech Data Protection Act and the General Data Protection Regulation (GDPR), its automated processing requires an explicit statutory mandate that Section 66a lacks.<ref>Regulation 2016/679, of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation), art. 9, 2016 O.J. (L 119) 1 (EU). </ref>Furthermore, because the DPO system operates largely under internal, non-public police regulations, rather than transparent legislation, it creates a shadow legal framework that fundamentally undermines the digital trust the 2020 Act was intended to build.<ref>Jan Vobořil, ''supra'', note 8. </ref> === '''C. The Prague Airport Incident''' === This tension between national police powers and digital rights reached a boiling point in 2025 at Václav Havel Airport in Prague.<ref>Jan Vobořil, ''Czech Police Forced to Turn Off Facial Recognition Cameras at the Prague Airport Thanks to the AI Act'', European Digital Rights (EDRi) (Oct. 29, 2025), <nowiki>https://edri.org/our-work/czech-police-forced-to-turn-off-facial-recognition-cameras-at-the-prague-airport-thanks-to-the-ai-act/</nowiki>. </ref> For seven years, the Czech police operated a sophisticated facial recognition network that scanned passengers’ faces in real-time, cross-referencing them against databases of wanted persons.<ref>Id.</ref> To the police, this was a successful application of the new digital infrastructure.<ref>Id.</ref> However, in August 2025, this system was shut down, not by a change in Czech national law, but by the preemption of the EU’s AI Act.<ref>Regulation 2024/1689, of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act), art. 5, 2024 O.J. (L 1689) (EU). </ref>The AI Act classifies real-time biometric identification in public spaces as an “unacceptable risk” to fundamental rights unless specifically authorized by a warrant.<ref>Id.</ref> Because the airport system lacked prior judicial authorization, its continued use was illegal.<ref>Nejvyšší správní soud [NSS] [Supreme Administrative Court] Feb. 26, 2026, Case No. 9 As 142/2025 (authorizing a temporary, strictly limited return of the system, under new conditions that mandate ongoing judicial oversight for every search).</ref> For critics, this incident is a vital “proof of concept” that the police are currently operating without clear legal authority in the digital realm. If the police could not legally justify facial recognition at an airport, a high-security environment, they certainly cannot justify retroactively scanning the entire DPO database of law-abiding citizens who only provided their photos to access government services.<ref>Jan Vobořil, ''supra'', note 13. </ref> Just as the EU AI Act now requires prior judicial authorization for airport surveillance, a similar explicit statutory mandate must be required for any use of the DPO system.<ref>Regulation 2024/1689, of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act), art. 5, para. 2, 2024 O.J. (L 1689) (EU).</ref> This incident effectively provides the legal teeth to critics’ argument that the goldmine of data created by the RDSA cannot be used for warrantless surveillance. For critics, the incident serves as an important warning, without transparent legislation, the “Digital Constitution” risks becoming a blueprint for an unconstitutional surveillance state.<ref>Iuridicum Remedium, Big Brother Awards 2025: Long-Term Snooper Award – Ministry of Interior (Mar. 2025); ''cf.'' Nejvyšší soud [NS] Jan. 8, 2026, Case No. 30 Cdo 2556/2025 (Czech Rep.) (affirming that mass, indiscriminate data collection without judicial oversight 'seriously violates' fundamental privacy standards).</ref> === '''D. The Evidentiary Void: Trust vs. Validity''' === This brings to light a second, equally fascinating irony regarding the trust the state places in digital identity. While the DPO system treats a citizen's digital image as a trusted tool for identification in a police investigation, the Czech judiciary remains deeply skeptical of that same digital identity when used by the citizen in a civil suit. This creates what legal scholars call the “evidentiary void.”<ref>Martin Maisner, ''Elektronický podpis v judikatuře českých soudů'' [Electronic Signature in the Jurisprudence of Czech Courts], 10 Revue pro právo a technologie 15 (2019).</ref> Under the Trust Services Act (No. 297/2016 Coll.), Czechia recognizes different tiers of digital signatures.<ref>Zákon č. 297/2016 Sb., o službách vytvářejících důvěru pro elektronické transakce [Act on Trust Services for Electronic Transactions] (Czech Rep.).</ref> Most common digital IDs lack a “legal presumption of authenticity”<ref>Id.</ref> in a courtroom even though the RDSA mandates that the state ''accept'' digital identities for administrative tasks. This creates a massive power imbalance in private litigation. For example, if a citizen attempts to enforce a digital contract for unpaid wages, a sophisticated employer can simply deny he ever signed the contract, forcing the individual employee to bear the technical and financial cost of proving the employer's identity through complex audit trails and IP logs.<ref>Nejvyšší správní soud [NSS] [Supreme Administrative Court] July 15, 2021, Case No. 9 As 104/2021 (holding that a “simple” electronic signature is not proof of the identity of the sender.).</ref>Conversely, if a citizen’s digital identity is stolen or misused by a fraudster, they find themselves in a “guilty until proven innocent” trap.<ref>Id.</ref> Because the state has spent years promoting these systems as secure through the RDSA, judges are often biased toward the technical logs provided by banks or large corporations, leaving the citizen with the near-impossible task of proving they were not the one behind the screen.<ref>Martin Maisner, ''Důkazní břemeno u elektronických podpisů'' [Burden of Proof in Electronic Signatures], 12 Bulletin advokacie 24 (2020).</ref> This “identity inequality” ensures that while the state uses your digital persona as an infallible tracking device, it remains “second-class evidence” whenever you need it to protect your own rights in court.<ref>Act on Trust Services for Electronic Transactions,supra note 23, at 11.</ref> Many critics and legal scholars point out that this creates a trap where citizens are legally incentivized to move their lives into the digital realm for convenience, yet find themselves legally vulnerable because their digital persona is easier for an opponent to repudiate in court than a physical document.<ref>Martin Maisner, ''supra'', note 23.</ref> === '''E. Conclusion''' === As Czechia moves toward the 2026 implementation of the European Digital Identity Wallet (EUDI), a standardized mobile application that allows citizens to store and share verified identity documents across the EU, the legal architecture is shifting toward a decentralized model known as “privacy-by-design.”<ref>Regulation 2024/1183, of the European Parliament and of the Council of 31 May 2024 Amending Regulation (EU) No 910/2014 as Regards Establishing a Framework for a European Digital Identity, 2024 O.J. (L 1183) (EU).</ref> Unlike the centralized DPO database, the EUDI wallet is designed to store data locally on a user’s smartphone rather than in a government server.<ref>Eur. Comm’n, ''The European Digital Identity Wallet Architecture and Reference Framework (ARF)'' v1.3 (2024), github.com. </ref> It utilizes a concept called “selective disclosure,” which allows a citizen to share only the specific data necessary for a specific transaction.<ref>Id.</ref> For many legal observers, this technological shift is a direct response to the failures of the RDSA. While the RDSA successfully mandated the digitization of the state, it failed to provide the legal firewalls necessary to prevent that service data from becoming surveillance data.<ref>Regulation 2024/1183, of the European Parliament and of the Council of 31 May 2024 Amending Regulation (EU) No 910/2014 as Regards Establishing a Framework for a European Digital Identity, 2024 O.J. (L 1183) (EU).</ref> By removing the central database from the daily identification process, the EUDI system makes mass, warrantless “reverse searches” technically difficult, potentially restoring the trust that critics argue the state has squandered.<ref>Jan Vobořil, ''supra'', note 13. </ref> Simultaneously, the wallet uses advanced cryptography to close the evidentiary void, aiming to finally make a digital persona as legally reliable as a physical one.<ref>Martin Maisner, supra, note 27. </ref> Ultimately, scholars and critics assert that the success of the Czech digital state will depend on whether the legislature can pass a transparent “Biometrics Act” that reconciles the mandatory digitization of public life with the stringent privacy and evidentiary demands of the digital age.<ref>Jan Vobořil, ''Biometric Surveillance in the Czech Republic: the Ministry of the Interior is trying to circumvent the Artificial Intelligence Act, Reclaim Your Face'' (Oct. 9, 2024), <nowiki>https://reclaimyourface.eu/biometric-surveillance-in-the-czech-republic-the-ministry-of-the-interior-is-trying-to-circumvent-the-artificial-intelligence-act/</nowiki>. </ref> Without such transparency, the RDSA risks becoming a blueprint for a state that knows everything about its citizens, while its citizens possess fewer legal tools to protect themselves.<ref>Id.</ref> = Right to Reject Information, Clothing, and Human Exhibitions = == I. The Sovereign Body: Czech Jurisprudence and the Pluralism of Appearance == === '''A. Introduction: The Jurisprudence of Appearance''' === In the modern legal framework of the Czech Republic, clothing is far more than a utilitarian necessity for protection or a tool for ornamentation; it functions as a sophisticated language through which individuals communicate their identity, religious affiliation, and political conviction.<ref>Charter of Fundamental Rights and Freedoms, Article 10 (Right to Human Dignity and Personal Honor).</ref>Within the Czech constitutional order, the presentation of the body is shielded by the Charter of Fundamental Rights and Freedoms, which anchors such displays in the principles of personal autonomy (Article 2 & Article 7), freedom of expression (Article 17), and freedom of thought and religion (Article 15).<ref>Charter of Fundamental Rights and Freedoms, Articles 15(1) and 17(1); see Constitutional Court of the Czech Republic, Pl. ÚS 6/02 (holding the state cannot be bound by an exclusive ideology and must tolerate religious pluralism as a manifestation of freedom of thought Art. 15).</ref> While countries like France have adopted a strict model of ''laïcité'' (secularism), that often mandates the removal of religious markers from the public sphere, the Czech Republic adheres to a "liberal-neutral" stance.<ref>Judgment of the Constitutional Court of the Czech Republic, Nov. 27, 2002, Case No. Pl. ÚS 6/02 (holding the state must accept and tolerate religious pluralism as a cornerstone of its secular identity.)</ref> Under this doctrine, the law treats the choice of dress as a manifestation of the private sphere, permitting state intervention only when an individual’s display directly conflicts with a compelling public interest (namely safety, hygiene, or the rights of third parties).<ref>Jiří Zemánek, Public Interest in the Case Law of the Constitutional Court of the Czech Republic (2014) (explaining how the Czech Constitutional Court views public interest as an ambivalent tool that must be weighed against individual rights using the “proportionality test”). </ref> This distinction is rooted in the pivotal Czech legal tenet that rather than pursuing "negative neutrality" through the erasure of religious symbols, the Czech legal order promotes "positive neutrality" through the equal accommodation of diverse beliefs.<ref>Id. at 4 (explaining the Charter of Fundamental Rights and Freedoms (Art. 2, para. 1) does not mean the state is "atheistic" or must suppress religion but rather that the state must remain ideologically neutral while allowing for religious pluralism). </ref> In practice, this framework shifts the evidentiary burden. It is not the individual who must justify their choice of attire, but the state or institutional authority that must prove why a specific restriction is legally permissible.<ref>Damián Němec, "Legal Regulation of Religious Clothing in the Public Sphere in the Czech Republic." ''Law, Religion and State'' 2, no. 2 (2021): 91–112.</ref> To be permissible, any such interference must survive a rigorous three-part test: (1) it must serve a legitimate aim (such as public safety or health), (2) it must be necessary in a democratic society, and (3) it must remain proportionate to the goal pursued.<ref>Zdeněk Červínek, The Necessity Test in the Practice of the Czech Constitutional Court: Between the Devil of Judicial Overreach and the Deep Blue Sea of Deference, 106 Právny Obzor 41 (2023) (detailing how  the Czech Constitutional Court applies the sequence of legitimacy, suitability, necessity, and proportionality (balancing) as the “default method for reviewing legal acts restricting fundamental rights" in the Czech Republic”). </ref> This architecture establishes the human body as a primary site of individual sovereignty, positioning fashion not merely as a choice of garment, but as a vital conduit for the pluralism that the Czech Constitution is designed to protect.<ref>Němec, supra note 6, at 93.</ref> === '''B. Clothing as Religious Expression''' === The most significant intersection of fashion and law in recent Czech history is found in the 2019 litigation involving a Somali student and a secondary nursing school in Prague.<ref>Supreme Court of the Czech Republic, Case No. 25, Cdo 3481/2017 (Decision of November 27, 2019) (holding a blanket ban on religious headscarves in theoretical classroom settings, as opposed to practical, clinical settings, constitutes indirect discrimination).</ref> At the heart of the dispute was the student’s claim of indirect discrimination, triggered by an institutional ban on wearing a hijab during classroom instruction. The nursing school’s defense was anchored in a combination of institutional autonomy and professional necessity.<ref>Němec, supra note 6, at 94.</ref> It argued that its internal regulations, which mandated that students remain bareheaded, were essential for maintaining “aesthetic and professional standards.”<ref>Jan Kosek, The Hijab in the Classroom: Secularism and the Rights of Students in Czech Jurisprudence." Prague Law Working Papers Series, Charles University Faculty of Law. (2020).</ref> Crucially, the school contended that because nursing involves strict hygiene protocols in clinical settings, students must be trained to adhere to a uniform, “uncluttered” appearance from day one.<ref>Id at 7 (critiquing the school’s argument that bare heads are a necessary “aesthetic standard” and examining whether such a standard is a legitimate pedagogical goal or an overreach into the student's private sphere).</ref> In their view, a uniform look was a pedagogical tool designed to prepare students for the practical realities of the healthcare profession. However, from a constitutional perspective, the hijab cannot be reduced to a mere accessory or a secular fashion statement. Legally, it is a manifestation of faith protected under Article 15 of the Charter of Fundamental Rights and Freedoms.<ref>Case No.25, supra at note 9 (holding that the right to manifest religion under Article 15 can only be restricted by law and only if necessary for the protection of public safety, order, health, or the rights of others).</ref> The student’s argument centered on a vital distinction. While she was willing to comply with hygiene requirements during her clinical training in hospitals, she maintained that there was no objective medical reason to ban the headscarf during lectures.<ref>Němec, supra note 6, at 96 (highlighting that the school failed to provide a "qualified reason" for the ban during theoretical lessons and arguing that while hygiene in a hospital is a legitimate aim, an "aesthetic standard" in a classroom does not meet the legal threshold for restricting religious freedom). </ref> She argued that religious identity is inextricably linked to personal dignity; it is not a trait that can be discarded at the threshold of a school, especially when no safety risk is present.<ref>Id.</ref> The Supreme Court ultimately agreed with the student and rejected the school’s “aesthetic” justification, establishing that in a pluralistic democracy, secularism does not mandate the erasure of religious symbols from the public square. Instead, the court affirmed the doctrine of “positive neutrality” which requires the state and its institutions to accommodate diversity rather than enforce a “blind” uniformity.<ref>Case No.25, supra at note 9, (explaining the "objective of the school to be a neutral environment" cannot be achieved by forcing a student to abandon their religious identity and holding that true neutrality in a pluralistic society involves the tolerance of diverse expressions, provided they do not infringe on the rights of others or the safety of the institution).</ref> Under this framework, the school’s restriction on religious clothing failed to satisfy the three-pronged test of legitimacy, necessity, and proportionality. While the Court acknowledged that hygiene and safety constitute legitimate aims in hospital wards, it found the ban lacked necessity within a classroom setting.<ref>Id.</ref> Because the school could not demonstrate a specific, objective threat to public health, relying instead on subjective “professional aesthetics,” the restriction was deemed an overreach. By failing to choose a less restrictive alternative, the school’s blanket ban constituted indirect discrimination. This ruling solidified the principle that the body is the primary site of individual sovereignty, and its display is a protected under the pluralistic values of the Czech constitutional order.<ref>Kosek, supra note 11, at 7 (arguing the body is the "primary site" where an individual's identity is manifested and that the Czech legal order protects this "display" as a vital part of pluralism). </ref> === '''C. Bodily Display''' === Beyond the regulation of attire lies the legal treatment of its absence. In this sphere, the Czech legal framework governing nudity exhibits a higher degree of social tolerance than many of its Western counterparts.<ref>Petr Hlaváček (2021). "Between Liberalism and Tradition: The Evolution of Bodily Autonomy in Czech Law." ''Journal of Central European Law'', 15(3), 45-62 (arguing that the Czech Republic’s legal framework is distinct because it lacks the "puritanical" roots found in some Anglo-American or highly religious European jurisdictions and citing the lack of specific "indecency" convictions in non-aggressive public nudity cases as evidence of this legal tolerance).</ref> This permissive environment is underpinned by a framework that sets a high threshold for state intervention, balancing public order against the individual’s right to self-expression and the historically rooted cultural tradition of “naturism.”<ref>Kosek, supra note 11, at 9 (explaining that because the body is not historically viewed as an object of shame in Czech culture, the legal threshold for the state to "protect public morals" by mandating clothing is much higher than in more conservative or strictly secular jurisdictions).</ref> In the Czech context, “naturism” refers to a social and philosophical movement advocating for non-sexual social nudity as a means of promoting physical health and a psychological connection to the environment.<ref>Id.</ref> Far from being viewed as an act of exhibitionism, naturism is recognized as a passive, functional state, exemplified by the standardized practice of nudity in communal saunas and designated "free-nature" sunbathing zones. The primary legal tool for regulating bodily display is the doctrine of "Public Outrage" (''Veřejné pohoršení''), which is addressed predominantly through administrative law rather than the criminal justice system.<ref>Act No. 251/2016 Coll., on Certain Misdemeanors (''Zákon o některých přestupcích'') Section 5, Paragraph 1, Letter e) (this statute defines public outrage as an administrative offense (misdemeanor) handled by municipal authorities or the police via fines). </ref> In short, this means an individual’s conduct is treated as an administrative misdemeanor offense (''přestupek'') adjudicated by municipal authorities rather than a criminal court. For an instance of nudity to constitute such misdemeanor offense, Czech courts require a cumulative three-part showing: (1) the act must be committed in public, (2) it must subjectively offend more than two persons simultaneously present, and (3) it must objectively conflict with the moral standards generally accepted by society.<ref>Id.</ref> The effectiveness of this framework relies heavily on the judicial construction of the “average observer.” While the subjective requirement ensures that a display is not prosecuted if no one is around to see it, the objective requirement prevents the law from being triggered by a single sensitive individual.<ref>Kosek, supra note 11, at 9 (positing that because the "reasonable person" in the Czech Republic is aware of the country's secular and naturist traditions, the objective threshold for "outrage" is naturally higher, shielding individuals from the "fluctuating preferences" of a hypersensitive minority.</ref> Instead, the “average observer” is envisioned as a reasonable person who is aware of prevailing Czech cultural norms, such as the acceptance of nudity in naturist contexts. This test ensures that the standard for “public outrage” remains high enough to accommodate traditional practices without triggering state sanction, effectively shielding the individual's bodily sovereignty from the fluctuating preferences of a sensitive minority.<ref>Id.</ref> The transition from a minor administrative nuisance to the felony of Hooliganism (''Výtržnictví'') under Section 358 of the Criminal Code is contingent upon the satisfaction of two stringent criteria: (1) the objective act of "gross indecency" (''hrubá neslušnost'') and (2) the subjective presence of ''mens rea''.<ref>Section 358 of Act No. 40/2009 Coll., Criminal Code (Trestní zákoník).</ref> Gross indecency serves as a legal term of art that transcends mere social awkwardness; it requires conduct that fundamentally violates core societal pillars in a violent, aggressive, or sexually predatory manner.<ref>Kosek, supra note 11, at 10 (explaining "gross indecency" must be distinguished from behavior that is merely "unconventional" or "awkward" and for a display to meet this criminal threshold, it must cross into the realm of predatory or violent behavior that actually threatens the psychological or physical safety of the public).</ref> Consequently, the courts have historically maintained that passive nudity within the naturist framework (such as sunbathing in a public park) fails to meet this threshold because it lacks the "active disturbance" characteristic of criminal hooliganism. Furthermore, the prosecution must establish the subjective element of ''mens rea'', specifically proving a deliberate intent to disturb public order.<ref>Pavel Samal, et al. ''Trestní zákoník: Komentář [Criminal Code: Commentary''.] 3rd edition. Prague: C. H. Beck, 2023 (explaining that the prosecution must prove that the perpetrator’s will and knowledge were directed at the "gross indecency). </ref> This high evidentiary bar ensures that an individual’s intent remains central to the legal analysis. For instance, a person who undresses under the mistaken belief they are in a designated naturist zone lacks the criminal intent required for a felony, as their purpose is relaxation rather than public disruption.<ref>Id. at 3.</ref> This focus on the actor’s subjective purpose reflects the foundational principle of “ultima ratio,” codified in Section 12, Paragraph 2 of the Criminal Code, which dictates that criminal law should remain a tool of last resort.<ref>Id at 6.</ref> By requiring proof of both an objectively indecent act and a specific criminal mind, the Czech legal system adheres to Article 4, Paragraph 4 of the Charter, ensuring that the “essence and significance” of fundamental rights are preserved and that the state does not over-criminalize personal identity or unconventional bodily displays.<ref>Id.</ref> === '''D. The Digital Frontier: The Right to One's Likeness''' === In the twenty-first century, the concept of bodily display has migrated into the digital realm, necessitating a legal framework that treats a person’s virtual presence with the same gravity as their physical one. Within the Czech legal system, this protection is anchored in the Civil Code, which codifies the “right to one’s likeness” (''Právo k podobě'').<ref>Sections 84–90 of Act No. 89/2012 Coll., Civil Code (Občanský zákoník).</ref> Under this framework, the law asserts that an individual’s appearance is an inseparable element of their personality.  Consequently, the human body is viewed not merely as a physical object, but as a protected extension of the self that remains under the individual’s sovereignty, even when rendered as data or pixels.<ref>Id. (Section 84 explicitly states "No one may capture the likeness of a person without their consent in such a manner that allows for their identification" establishing the "sovereignty" as it grants the individual total control over how their physical body is represented or "rendered).</ref> As technology evolves, the legal system increasingly confronts the challenge of “digital dignity,” particularly regarding the unauthorized dissemination of imagery.<ref>Zemánek, supra note 4 at 8 (highlighting the right to informational self-determination justifies state interference in the prevention of crimes related to data and telecommunications and that this self-determination is the constitutional heart of "digital dignity.")</ref> Under Czech law, capturing or distributing images of a person’s body without explicit consent is viewed as a fundamental violation of personal rights, regardless of whether the image is fashionable or indecent.<ref>Section 84 of Act No. 89/2012 Coll., Civil Code (states that capturing a person's likeness is forbidden without their consent; see Section 85 (explicitly prohibiting the distribution of a person’s likeness without consent such that the violation occurs at the moment of unauthorized distribution); see also Section 81 (protecting a person's “integrity” and “dignity” as absolute rights).</ref> This protection has become even more critical with the rise of deepfakes and sophisticated digital manipulation. Czech courts are increasingly interpreting the act of placing an individual’s likeness onto another body (especially in compromising or non-consensual contexts) as a direct assault on human dignity.<ref>Kučera, Z., & Štěpán, J. (2022). The Digital Person: Deepfakes and the Right to Likeness under Czech Law, Charles University Law Review (explaining deepfakes represent a “qualified violation” of personality because the manipulation creates a false reality (a “lie” about the person's body), thus it attacks the liberal essence of fundamental rights and the “essence and significance” of the right to dignity under Article 4(4)). </ref> This shift reinforces the contemporary legal principle that bodily sovereignty is not surrendered at the digital frontier rather, the state maintains a vigilant role in ensuring that the digital representation of the body remains a vital conduit for personal autonomy and privacy.<ref>Id.</ref> === '''E. Conclusion: A Balance of Freedoms''' === The Czech legal approach to fashion and the body is fundamentally defined by a “presumption of freedom.”<ref>Article 2, Paragraph 3 of the Charter of Fundamental Rights and Freedoms (stating "Everyone may do that which is not prohibited by law, and nobody may be forced to do that which the law does not enjoin." In the context of fashion, this means that since there is no general law mandating specific dress in public, the individual's choice of attire (or lack thereof) is constitutionally protected by default).</ref> A consistent thread of modern Czech jurisprudence: whether adjudicating the use of religious headscarves in schools or defining the boundaries of public naturism, the burden of proof remains firmly with the state. To curtail individual expression, authorities must satisfy a rigorous proportionality test, demonstrating that a specific display causes objective harm to public safety, health, or the rights of others. Ultimately, the legal framework of the Czech Republic recognizes that the manner in which individuals dress (or choose not to) constitutes a vital component of human dignity protected under the Charter of Fundamental Rights and Freedoms. By safeguarding the "exterior" self, the law provides a necessary fortress for the "interior" right to personal identity.<ref>Kosek, supra note 11, at 12 (explaining if the state can dictate the exterior, it inevitably compromises the interior autonomy of the individual).</ref> This creates a legal environment where the body is viewed as a primary site of individual sovereignty, and fashion acts as a conduit for the pluralism that the Constitution is designed to protect. As society transitions further into a digital and globalized era, the Czech model offers a compelling precedent for contemporary democracy. It suggests that true secularism is found not in the forced uniformity of dress, but in a "positive neutrality" that actively accommodates diversity. In this light, the law does more than merely regulate clothing, it protects the essential freedom to exist as a multifaceted individual within a tolerant and pluralistic society. = References = ----[1] Aleš Rozehnal, Media Law in the Czech Republic 117 (Wolters Kluwer, 3rd ed. 2020). [2] Act No. 231/2001 Coll., Section 32(1), Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Laws, E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=Act%20No.%20231%2F2001%20Coll..&zalozka=text</nowiki>. [3] Id. [4] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2. [5] Id. [6] Id. [7] Rozehnal, supra, at note 1. [8] Act No. 231/2001 Coll., Section 32(3), supra, at note 2.   [9] Id. [10] Act No. 231/2001 Coll., Section 32(1)(ch), supra, at note 2. [11] Id. [12] Rozehnal, supra, at 119. [13] Act No. 231/2001 Coll., Section 4 & Section 7, supra, at note 2.   [14] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Aug. 29, 2012, 7 As 31/2012. [15] Id. [16] Act No. 231/2001 Coll., Section 8, supra, at note 2.   [17] Act No. 231/2001 Coll., Section 5 & Section 6, supra, at note 2.   [18] Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.   [19] Id. [20] Act No. 231/2001 Coll., Section 32(2), supra, at note 2.   [21]NSS 7 As 31/2012, supra at 42. [22] Nejvyšší správní soud [NSS] [Supreme Administrative Court] Dec. 15, 2011, 8 As 17/2011 at 92. [23] Id. [24] NSS 7 As 31/2012, supra at 43. [25] Id. [26]Act No. 231/2001 Coll., Section 32(1)(g), supra, at note 2.    [27]Nejvyšší správní soud [NSS] [Supreme Administrative Court] Sept. 30, 2009, 5 As 27/2009 at 72.   [28] Act No. 231/2001 Coll., Section 60, supra, at note 2.   [29] Rozehnal, supra, at 119. [30] Id. [31] Id. [32] Id. at 120. [33] Id. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 44 (Wolters Kluwer, 3rd ed. 2020). [2] Id. [3] Id. [4] Id. [5] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [6] ''Ústava České Republiky [Constitution of the Czech Republic]'', art. 10&17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [7] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [8] Rozehnal, supra, at 45. [9] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [10] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [11] Rozehnal, supra, at 47. [12] Id. [13] Id. [14] Rozehnal, supra, at 51. [15] Id. [16] Id. [17] Defamation and Freedom of Expression, council of Europe, 14, <nowiki>https://rm.coe.int/1680483b2d</nowiki>. [18] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [19] Czech Republic Media Law Guide: Defamation and Privacy Law in Czech Republic, Carter-Ruck, <nowiki>https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-czech-republic/</nowiki>. [20] Czech Civil Code, §82(1), §2951(2), and §2956, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [21] Media Laws Database <nowiki>http://legaldb.freemedia.at/legal-database/czech-republic/</nowiki>. [22] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [23] Id. [24] Rozehnal, supra, at 50. [25] Id. [26] Id. [27] Journal of International Media & Entertainment Law, American Bar Assocation,185, <nowiki>https://www.americanbar.org/content/dam/aba/publications/journal_international_media_entertainment_law/jimel-v8-n2.pdf</nowiki>. [28] Ústavní soud [ÚS] [Constitutional Court], Dec. 13, 2012, sp. zn. II. ÚS 2042/12, Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/ii-us-2042-12-1</nowiki>.   [29] Id. [30] Id. [31] Id. [32] Id. [33] Journal of International Media & Entertainment Law, supra, note 27. ----[1] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), E-SBÍRKA, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [2] Aleš Rozehnal, Media Law in the Czech Republic 37 (Wolters Kluwer, 3rd ed. 2020). [3] Act No. 46/2000 Coll., supra, note 1. [4] Rozehnal, supra, at 39. [5] Id. [6] Id. at 41. [7] Id. [8] Id. [9] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.      [10] Id. [11] Rozehnal, supra, at 42. [12] Criminal Code of the Czech Republic, supra, note 9.     [13] Id. [14] Id. [15] Id. [16] The Czech Criminal Law: A Handbook of Basics of Substantial Law and Proceedings for a Practical Use in English, 2, ondřejová, <nowiki>https://www.ondrejova.cz/docs/141231_handbook-criminal-law-in-the-czech-republic.pdf</nowiki>. [17] Criminal Code of the Czech Republic, supra, note 9.     [18] Id.     [19] Id. [20] Id. [21] Rozehnal, supra, at 42. [22] Ústavní soud [ÚS] [Constitutional Court], Sept. 27, 2005, sp. zn I. ÚS 394/04., Zákony pro lidi, <nowiki>https://www.zakonyprolidi.cz/judikat/uscr/i-us-394-04?text=I.+%C3%9AS+394%2F04&sit=1</nowiki>. Constitutional Court ruling of September 27, 2005 [23] Id. [24] Id. [25] Id. [26] Id. [27] Rozehnal, supra, at 44. ----[1] General Data Protection Regulation (GDPR), Intersoft Consulting, <nowiki>https://gdpr-info.eu/</nowiki>. [2] Data Protection Laws in the Czech Republic, DLA Piper, <nowiki>https://www.dlapiperdataprotection.com/?t=law&c=CZ#insight</nowiki>. [3] The Digital Services Act, European Commission, <nowiki>https://digital-strategy.ec.europa.eu/en/policies/digital-services-act</nowiki>. [4] The Digital Markets Act, European Commission, <nowiki>https://digital-markets-act.ec.europa.eu/index_en</nowiki>. [5] EU AI Act: first regulation on artificial intelligence, European parliament, <nowiki>https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence</nowiki>.    [6] Act No. 46/2000 Coll., Act on Rights and Obligations in the Publication of Periodicals and on Amendments to Certain Other Acts (Press Act), e-Sbírka, <nowiki>https://www.e-sbirka.cz/sb/2000/46/2025-07-01?f=Act%20No.%2046%2F2000%20Coll&zalozka=text</nowiki>. [7] Rozehnal, supra, at 25. [8] Act No. 37/1995 Coll., Non-Periodical Publications Act, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/37?zalozka=text</nowiki>.    [9] Id. [10] Act No. 231/2001 Coll., Act on the Operation of Radio and Television Broadcasting and on Amendments to Other Acts, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2001/231/2025-07-01?f=No.%20231%2F2001%20Coll&zalozka=text</nowiki>. [11] Rozehnal, supra, at 26. [12] Id. [13] Id. [14] Act No. 132/2010 Coll., Act on On-Demand Audiovisual Media Services and on Amendments to Certain Acts (Act on On-Demand Audiovisual Media Services), e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/2010/132/2025-05-01?f=Act%20No.%20132%2F2010%20Coll.&zalozka=text</nowiki>. [15] Rozehnal, supra, at 26.   [16] Czech Civil Code, <nowiki>http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf</nowiki>. [17] Id.   [18] Act No. 40/1995 Coll., Act on the Regulation of Advertising and on Amendments and Supplements to Act No. 468/1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, e-sbírka, <nowiki>https://www.e-sbirka.cz/sb/1995/40/2025-10-10?f=Act%20No.%2040%2F1995%20Coll.&zalozka=text</nowiki>. [19] Criminal Code of the Czech Republic, <nowiki>https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf</nowiki>.   [20] Yevheniia Khoroshun, Czechia president approves law criminalizing support for communism and Nazism, Jurist News, <nowiki>https://www.jurist.org/news/2025/07/czechia-president-approves-law-criminalizing-support-for-communism-and-nazism/#:~:text=Czech%20President%20Petr%20Pavel%20signed,%2C%20religion%2C%20or%20social%20class</nowiki> [21] Pouperová, supra, note 1. [22] Ministry of Culture, Government of the Czech Republic, <nowiki>https://vlada.gov.cz/cz/clenove-vlady/ministerstva/*kopie-1:-ministerstvo-kultury-50695/#:~:text=Pursuant%20to%20the%20Article%208,trade%20in%20the%20culture%20area</nowiki>. [23]The Council’s Mission, The Council for Radio and Television Broadcasting, <nowiki>https://rrtv.gov.cz/en/static/about/councils-mission/index.htm#:~:text=The%20Council%C2%B4s%20mission,5%2C%20letter%20d</nowiki>). [24] Rozehnal, supra, at 26. [25] Id. ----[1] Convention for the Protection of Human Rights and Fundamental Freedoms, Eur. Ct. H.R., <nowiki>https://www.echr.coe.int/documents/d/echr/convention_ENG</nowiki>. [2] Rozehnal, supra, at 24. [3] The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols,  <nowiki>https://www.coe.int/en/web/cybercrime/the-budapest-convention#:~:text=Who%20are%20the%20Parties%20to%20the%20Budapest,Finland%20%C2%B7%20France%20%C2%B7%20Georgia%20%C2%B7%20Germany</nowiki>. [4] Czech Republic Country Commercial Guide, International Trade Administration U.S. Dept. of Commerce, <nowiki>https://www.trade.gov/country-commercial-guides/czech-republic-protecting-intellectual-property</nowiki>. [5] Id. [6] Introduction to the Patent Cooperation Treaty (PCT), World Intellectual Property Organization (WIPO), <nowiki>https://www.wipo.int/en/web/pct-system</nowiki>. ----[1] Aleš Rozehnal, Media Law in the Czech Republic 23 (Wolters Kluwer, 3<sup>rd</sup> ed. 2020). [2] Id. [3] ''Ústava České Republiky [Constitution of the Czech Republic]'', Art. 17, <nowiki>https://www.constituteproject.org/constitution/Czech_Republic_2013</nowiki>. [4] Id. [5] Id. [6] Id. at Art.10. [7] Id. at Art.17. ----[1] Olga Pouperová, An Introduction to the Czech Legal System and Legal Resources Online, NYU Law [3] Ústava České Republiky [Constitution of the Czech Republic], Art. 10. [4] Pouperová, supra, note 1. [5] National Legislation Czechia, European E-Justice Portal. [6] Id. [[Category:Media in Europe|Law in the Czech Republic]] [[Category:Czech Republic]] [[Category:Law in Europe]] gs73oq69wx6ajklc4oq3iuny6qkdjgl User:Amaalberrada 2 328105 2809311 2808929 2026-05-14T21:20:23Z Amaalberrada 3046744 2809311 wikitext text/x-wiki = Communications Law in the Kingdom of Morocco = [[File:Flag of Morocco.svg|thumb|The emblem of Morocco, adopted in 1915. The star's points represent the five pillars of Islam ]] == Sources of Communications Law in Morocco == Morocco's strategic geographical location and historical legacy make for a unique legal landscape, especially as it pertains to communications law. For centuries, Morocco was itself a communication corridor between continents, ancient tribal societies, empires, religions and colonial powers.<ref name=":11">{{Cite web|url=https://www.kas.de/documents/265308/265357/Legal%2BSystem%2Bof%2BMorocco.pdf/23060d5a-26e0-64a0-7b8f-8b3640d68865|title=The Legal System of Morocco|last=Hanafi|first=Leila|date=August 2020}}</ref> This baggage is palpable in the modern Morocco, despite its vast advances towards a more democratic and egalitarian legal order over the past two decades.<ref>{{Cite web|url=https://www.stimson.org/2025/moroccos-two-speed-reality/|title=Morocco’s Two-Speed Reality|last=El Yaaqoubi|first=Safae|date=December 10, 2025|website=Stimson}}</ref> Morocco is a parliamentary constitutional monarchy but is distinguished from other such forms of government, like Spain or the Netherlands, in that the monarch retains substantial political power alongside an elected Prime Minister and his Cabinet of Ministers<ref name=":0">{{Cite web|url=https://www.wrmea.org/north-africa/does-the-moroccan-monarchy-function-as-an-institution.html|title=Does the Moroccan Monarchy Function as an Institution?|last=Kouar|first=Abderrazak|date=November 17, 2025|website=Washington Report on Middle East Affairs}}</ref> – a recipe for gridlock, an ingenious way to preserve ancestral tradition, or perhaps a bit of both. The rule of law in Morocco, and unavoidably communications law, balance between longstanding practice and a wave of reform and modernization.<ref>''Id''.</ref> This balancing game is not without its pitfalls and exists within a venn diagram aligning constitutional law, national statutory law, regional and international law. Together, these sources of law seek to enforce Morocco's civil liberties and political rights and champion participation, pluralism and good governance,<ref name=":1">{{Cite web|url=https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en|title=Morocco's Constitution of 2011|date=2012|website=Constitute Project}}</ref> but without ever compromising the deeply rooted principles of the monarchy, Islam, and territorial integrity.<ref>{{Cite web|url=https://www.brookings.edu/articles/morocco-the-kings-dilemma/|title=Morocco: The king’s dilemma|last=Abdel Ghafar|first=Adel|date=March 2, 2017|website=Brookings}}</ref> === National & Regulatory Framework === ==== Constitutional Guarantees ==== The backbone of the communications law regime in Morocco is built upon the 2011 Constitution. Its text came to replace its outdated 1967 predecessor and lays out the country's governmental makeup which, much like the United States, is established upon three branches: The executive, the legislative, and the judicial.<ref>{{Cite web|url=https://www.worldatlas.com/articles/what-type-of-government-does-morocco-have.html|title=What Type Of Government Does Morocco Have?|last=Politics|first=Amber Pariona in|date=2017-08-01|website=WorldAtlas|language=en-US|access-date=2026-03-03}}</ref> While the respective authority of these factions of government used to be primarily informal and functionally intertwined, the Constitution institutionalized and delineated the scope of their power.<ref>''Id''.</ref> Even the extent of the King's functions are defined within the regulations of the Constitution, though his authority in effect protrudes from the confines of the text and is an accepted norm within the very fabric of Moroccan society.<ref name=":0" /> The Moroccan government is the structural safe keeper of the rights and freedoms outlined in the Constitution. Article 25 through Article 29 recognize and guarantee the following:<ref name=":1" /> * Freedom of opinion, thought, and conscience * Freedom of expression * Freedom of the press * Right to academic freedom * Right to culture * Right to information * Freedom of association * Freedom of assembly * Right to strike These rights and freedoms are limited however, and can be derogated in certain circumstances, especially if and when the legitimacy of the monarch, the official religion, or the country's borders is at issue. The preamble of the Constitution indeed sets out, before ever treating communication rights, that Morocco is "a sovereign Muslim State, attached to its national unity and to its territorial integrity;"<ref name=":1" /> while the nation's motto and closing line of the national anthem is "God, the Homeland, the King."<ref>{{Cite web|url=https://lingualid.com/the-national-anthem-of-morocco/|title=The National Anthem of Morocco|last=Cheddadi|first=Oualid}}</ref> This triad is untouchable across all sources of law in Morocco and communication around it is heavily monitored and disincentivized. [[File:King Hassan II with Mohammed VI.jpg|thumb|Late Kind Hasan II accompanied by current Monarch, Mohammed VI]] The guarantees of the Moroccan Constitution are well anchored within the country's governance structure but far from absolute. Contrary to that of the United States, the Moroccan Constitution is not self-executing and points to legislation and regulatory bodies for the implementation of its clauses.<ref name=":1" /> Statutory limits and regulatory authorities thus define and frame the practical scope of communication and media freedoms.<ref name=":2">{{Cite web|url=https://ebrary.net/263822/education/legal_framework_regulations_media_landscape_morocco|title=Legal framework and regulations of the media landscape in Morocco|website=Ebrary|publisher=Routledge Handbook on Arab Media}}</ref> Article 71 of the Moroccan Constitution relegates as a domain of the law "the regime of the broadcast media and of the press in all their forms."<ref name=":1" /> Despite considerable reform and leaps in civil liberties, Morocco continues to sit at a 37/100 Global Freedom Score - primarily citing the King's informal influence across sectors for this assessment, in addition to the substantiality of his constitutionally granted power.<ref>{{Cite web|url=https://freedomhouse.org/country/morocco/freedom-world/2025|title=Freedom in the World 2025: Morocco|website=Freedom House}}</ref> ==== Press & Publishing Regulation ==== Though Article 28 of the Constitution guarantees freedom of the press, it nonetheless provides that "the law establishes the rules of organization and of control of the means of public communication."<ref name=":1" /> The law in question is the Press Code of 2016 which has seen many a version and amendment since the end of the French occupation in the 1950s.<ref name=":3">{{Cite web|url=https://ebrary.net/289627/education/press_code|title=The Press Code|last=Bouziane|first=Zaid}}</ref> Previous iterations of the Code between 1959 and 2002 imposed heavy prison sanctions for non-violent speech offenses criticizing the royal family, Islam, the country's border integrity, as well as defamation and the publication of fake news.<ref name=":4">{{Cite web|url=https://www.hrw.org/report/2017/05/05/red-lines-stay-red/moroccos-reforms-its-speech-laws|title=The Red Lines Stay Red: Morocco's Reforms of its Speech Laws|last=Goldstein|first=Eric|date=May 4, 2017|website=Human Rights Watch}}</ref> Indeed, the 1959 Press Code enforced prison sentences of up to 20 years while the 2002 edition of the Code reduced the jail penalty to a maximum of 5 years.<ref>{{Cite web|url=https://rsf.org/en/new-press-code-retains-prison-sentences-press-offences?utm_source=chatgpt.com|title=The new press code retains prison sentences for press offences|date=February 22, 2002|website=Reporters Without Borders}}</ref> The 2016 Press Code, passed through Law 88.13, eliminated civil speech-related prison sentencing for journalists and created a self-regulatory body staffed with elected members, the National Press Council.<ref name=":3" /> The Council enjoys considerable freedom from the government to independently oversee journalistic ethics and uphold professional standards amongst the press and media.<ref>{{Cite web|url=https://cnp.press.ma/fr/home-fr/|title=Conseil National de la Presse}}</ref> That being said, the three taboo themes of the monarchical regime, religion, and the Saharan borders remain present in the most recent Press Code and give rise to steep fines of up to $50,000 as well as jail time for failure to satisfy said fines.<ref>''Id''.</ref> The average monthly income in Morocco being of about $2,000 per month, incurring such a fine will more likely than not lead to incarceration.<ref>{{Cite web|url=https://worldsalaries.com/average-salary-in-morocco/|title=Average Salary in Morocco|date=2026|website=World Salaries}}</ref> The press used to be particularly vocal in criticizing the authoritarian reign of late King Hasan II, and the government's caution towards the press sector never fully subsided even under a relatively more moderate monarchy.<ref>{{Cite web|url=https://www.islamicity.org/270/hassan-ii-a-king-beloved-or-despised/|title=Hassan II: A King Beloved or Despised?|last=Wright|first=Zakariya|date=July 26, 1999|website=Islamicity}}</ref> In fact, the Parliament is currently entertaining a bill to retract some of the freedom granted to the National Press Council and restore governmental oversight over the publishing process.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2026/01/276161/constitutional-court-finds-major-flaws-in-moroccos-press-council-reorganization-law/|title=Constitutional Court Finds Major Flaws in Morocco’s Press Council Reorganization Law|last=Zouiten|first=Sara|date=January 23, 2026}}</ref> ==== Broadcasting & Audiovisual Regulation ==== Broadcasting in Morocco is no free market activity and was controlled by state monopoly until 2005.<ref name=":5" /> Broadcasting law 77-03 shifted ownership rights over television and radio broadcasting to private operators, though the majority of TV channels remain state affiliated today.<ref name=":12">{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/7367|title=Law No. 77-03 on Audiovisual Communication (promulgated by Dahir No. 1-04-257 of 25 Kaada 1425 (January 7, 2005)), Morocco|date=January 7, 2005|website=WIPO}}</ref> Article 28 of the Constitution expressly relegates the regulatory oversight of the broadcasting domain to the High Authority of Broadcasting (HACA).<ref name=":1" /> HACA was founded in 2002 and is a fully impartial institution, though under the tutelary power of the King.<ref name=":2" /> Article 165 of the Constitution further defines the role of HACA as seeing to "the respect for pluralist expression of the currents of opinion and of thought and of the right of information," but that "within the respect for the fundamental values of civilization and for the laws of the Kingdom."<ref name=":1" /> HACA thus issues and controls licensing for broadcasting purposes, monitors broadcasted content, and imposes suspensions or fines, especially where the three sensitive topics of the monarchy, the national religion, or territorial integrity are infringed upon. ==== Postal Services & Telecommunication ==== Much like the constitutional framework surrounding broadcasting, the telecom sector is fully delegated to legislative supervisory authority. Article 71 provides that "the regime of the technologies of information and of communication . . . are of the domain of the law."<ref name=":1" /> The Post and Telecommunications law of 1997, number 24-96, established the National Telecom Regulator Agency (ANRT).<ref name=":5">{{Cite web|url=https://www.maroc.mom-gmr.org/en/context/law/|title=Media Ownership Monitor Morocco|date=2017|website=Le Desk}}</ref> The objectives of the ANRT mirror Morocco's general legal approach to communications: On one hand the body is responsible for liberalizing and modernizing telecom infrastructure and encouraging access to and competition around its markets, while limiting licensing and frequency allocation upon national security and legal compliance concerns.<ref>{{Cite web|url=https://ptt.ma/wp-content/uploads/2019/12/loi-24-96-telecoms-consolide%CC%81e-version-23-avril-2019.pdf|title=Loi n24-96 consolidée relative à la poste et aux télécommunications, telle qu’elle a été modifiée et Complétée|date=April 29, 2019|website=ptt.ma}}</ref> The ANRT does not extend fines and sanctions like other regulatory bodies but may employ means like surveillance and interception of prohibited requests and online content.<ref>{{Cite web|url=https://www.amnesty.org/en/location/middle-east-and-north-africa/morocco-and-western-sahara/morocco-and-western-sahara/|title=Morocco and Western Sahara|website=Amnesty International}}</ref> [[File:Rabat Cnstitutional Court.jpg|thumb|The Supreme Court in Rabat, Morocco]] ==== The Criminal Law Loophole ==== Where the Press Code, HACA, and the ANRT leave no administrative avenues for the state to restrict non-violent speech around the three-pillared threat, the Penal code acts as a last resort. Indeed, where speech offends the person of the King, Islam, or Morocco's territorial integrity, the Penal Code allows for criminal prosecution and the distribution of prison sentences, heavy fines or both.<ref name=":4" /> Regardless of the method or platform of speech, the Moroccan government interprets any attack upon the said trio a firm red line and a threat to national security. Article 267 makes the latter explicit by prescribing a 6 month prison sentence along with up to a $20,000 fine for anyone who "compromises the Islamic religion, the monarchical regime, or who incites the compromising of the territorial integrity of the Kingdom."<ref name=":13">{{Cite web|url=https://cyrilla.org/en/entity/43p0bxmmerr4er7hrxfsvmquxr/text-search?searchTerm=islam&file=1729515614696hv6ynsawau7.pdf&page=104|title=Code Penal|date=July 5, 2018|publisher=Ministère de la Justice et des Libertés|language=French}}</ref> Recently, two individuals were sentenced to five years in prison under Articles 263 to 267 of the Penal Code for making posts on Facebook criticizing the government's normalization and continued relationship with Israel.<ref>{{Cite web|url=https://freedomhouse.org/country/morocco/freedom-net/2024|title=Freedom of the Net 2024: Morocco|website=Freedom House}}</ref> This effectively creates a layered restriction system where the lack of cause of action under administrative and civil channels is supported by a strict and frozen in time Penal Code. === Regional Legal Framework === ==== Africa ==== Morocco commits itself in the preamble of its Constitution to "reinforce South-South cooperation" and to "consolidate relations of cooperation and of solidarity with the peoples of the countries of Africa."<ref name=":1" /> One of the ways by which it fulfills this commitment is through its membership in the African Union. Since 2002, the Union as a continental intergovernmental organization, has joined 55 member states on the continent around principles of "freedom, equality, justice and dignity" in the context of African brotherhood and solidarity.<ref>{{Cite web|url=https://au.int/en/overview|title=About the African Union|website=African Union}}</ref> Even at a regional level, Morocco has remained loyal to its national priorities. So much so, that the Kingdom left the African Union's Predecessor organization – the Organization of African Unity (OAU) – in 1984 after the territorial status of the Western Sahara was put in question and a majority of the OAU members voted to recognize the territory as independent.<ref>{{Cite web|url=https://www.aljazeera.com/news/2017/1/31/morocco-rejoins-the-african-union-after-33-years|title=Morocco rejoins the African Union after 33 years|last=Mohamed|first=Hamza|date=January 31, 2017|website=Aljazeera}}</ref> Since, Morocco has rejoined the African Union in 2017 with the mission of resolving the Sahara dispute in its favor, and somewhat successfully so since no members of the Union believe that "total independence for Western Sahara is still on the cards."<ref>{{Cite web|url=https://www.newsweek.com/morocco-african-union-western-sahara-551783|title=Why Has Morocco Rejoined the African Union After 33 Years?|last=Gaffey|first=Conor|date=February 2, 2017|website=Newsweek}}</ref> Morocco's rigidity towards its Western Sahara stance has also translated in the Kingdom's continued refusal to ratify the African Charter on Human and People's Rights to this day.<ref name=":6">{{Cite web|url=https://www.cfjustice.org/wp-content/uploads/filr/48443/CFJ%20-%20Morocco-%20ACHPR%20Country%20Review%20Report.pdf|title=MOROCCO: ACHPR COUNTRY BRIEFING REPORT: HUMAN RIGHTS VIOLATIONS AND VIOLATIONS OF THE AFRICAN CHARTER (OCTOBER 2024 – APRIL 2025)|website=Cfjustice|publisher=Committee for Justice}}</ref> The African Commission on Human and People's Rights (ACHPR), a product of the Banjul Charter, therefore does not have jurisdiction over Morocco and its human rights policies and practices. The Charter's Article 9 guarantees to every individual "the right to express and disseminate his opinions within the law."<ref>{{Cite web|url=https://www.african-court.org/wpafc/wp-content/uploads/2020/04/AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS.pdf|title=AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS|website=African-Court}}</ref> This language is entirely in line with the Moroccan Constitution and its human rights standards, but the Kingdom continues to decline formal adoption of the Charter due to fundamental political differences. The ACHPR nonetheless issues country review reports of Morocco as a member of the African Union and has most recently contended the following: "The independence of the judiciary, although affirmed in constitutional and legal provisions, continues to be undermined by structural weaknesses and interference from the executive, especially in cases implicating national security or dissenting political expression."<ref name=":6" /> The African Court on Human and People's Rights was founded by virtue of Article 1 of the Protocol to the Banjul Charter.<ref>{{Cite web|url=https://www.african-court.org/afchpr/welcome-to-the-african-court-2/#|title=Welcome to the African Court|website=African Court on Human and People's Rights}}</ref> Like the Banjul Charter itself, Morocco has not ratified its Protocol and is therefore not subject to the jurisdiction of the Court.<ref>''Id''.</ref> ==== Other Regional Mechanisms ==== [[File:Morocco physical map (de facto).png|thumb|400x400px|Map of Morocco, displaying the complexity of the Sahara territorial dispute ]] As a Muslim and Arabic speaking nation, Morocco has been a continuous member of the Arab League of Nations since 1958.<ref>{{Cite web|url=http://www.leagueofarabstates.net/en/aboutlas/Pages/CountryDataDetails.aspx?RID=18|title=Member States: Kingdom of Morocco|website=League of Arab States}}</ref> Beyond strengthening relations amongst Arab States, the League's mission centers around respect for national independence and sovereignty.<ref>{{Cite web|url=https://www.refworld.org/legal/constinstr/las/1945/en/13854|title=Charter of Arab League|date=March 22, 1945|website=refworld}}</ref> The Kingdom's membership in the organization is consistent with the preamble of the Moroccan Constitution which seeks to "deepen the bonds of togetherness with the Arab and Islamist Ummah, and to reinforce the bonds of fraternity and of solidarity with its brother peoples"<ref name=":1" /> (Fellow Muslims frequently refer to each other as brothers.) The League was established upon a minimal Charter, ratified by Morocco, which aims to facilitate communication, economic and cultural exchange amongst member States.<ref>{{Cite web|url=http://www.leagueofarabstates.net/en/aboutlas/Documents/The%20Charter%20of%20the%20League%20of%20Arab%20States.pdf|title=The Charter of the League of Arab States|date=March 22, 1945|website=League of Arab States}}</ref> In 2008, the Arab Charter on Human Rights which placed greater emphasis on individual rights and liberties, came into force but was not ratified by Morocco and many other members of the Arab League.<ref>{{Cite web|url=https://carnegieendowment.org/sada/2009/10/the-arab-charter-on-human-rights|title=The Arab Charter on Human Rights|last=Rishmawi|first=Mervat|date=October 6, 2009|website=Carnegie Endowment}}</ref> Moroccan law is thus not constrained by the Arab Charter on Human Rights. An Arab Court of Human Rights has been a longstanding project of the Arab League which has yet to materialize.<ref>{{Cite web|url=https://link.springer.com/article/10.1007/s40802-021-00202-w|title=The Failure of the Arab Court of Human Rights and the Conflicting Logics of Legitimacy, Sovereignty, Orientalism and Cultural Relativism|last=Almutawa|first=Ahmed|date=January 12, 2022|website=Springer Nature}}</ref> This makes the enforcement of the Human Rights Charter particularly challenging even for its ratifying states. Morocco has expressed interest in joining the European Union on the basis of mutually beneficial trade and migration advantages.<ref>{{Cite web|url=https://www.eeas.europa.eu/morocco/european-union-and-morocco_en?s=204|title=The European Union and Morocco|date=January 28, 2026|website=eeas.europa.eu}}</ref> This interest never culminated in a formal application and has proved quite unpopular amongst existing EU member states. <ref>{{Cite web|url=https://www.ispionline.it/en/publication/morocco-eu-relations-navigating-sovereignty-concerns-and-growing-interdependence-181487|title=Morocco-EU Relations: Navigating Sovereignty Concerns and Growing Interdependence|date=July 23, 2024|website=Italian Institute for International Political Studies}}</ref> Morocco is therefore not bound by any European regional frameworks as of the time being. The European Union has in an unexpected turn of events adopted a complete territorial map of Morocco from Tangier to La Guera, including the Sahara, as part of the EU's most recent annual investment report.<ref>{{Cite web|url=https://barlamantoday.com/2026/03/04/eu-policy-shift-recognizes-moroccos-sovereignty-over-sahara/|title=EU Policy Shift Recognizes Morocco’s Sovereignty Over Sahara|last=Elghoubachi|first=Amina|date=March 4, 2026|website=Barlaman Today}}</ref> As an important source of tension between the two regions comes to a resolution, this could point to a concretization of EU-Moroccan relations and perhaps the increased adoption of European standards within Moroccan communications law in the long run. === International Legal Framework === Like its regional human rights commitments, the preamble of Morocco's Constitution also recognizes its membership within international organizations and its subscription "to the principles, rights and obligations enounced in their respective charters and conventions; [and] affirms its attachment to the Rights of Man such as they are universally recognized, as well as its will to continue to work to preserve peace and security in the world."<ref name=":1" /> Most notably, Morocco is a signatory without reservations of the International Covenant on Civil and Political Rights (ICCPR),<ref>{{Cite web|url=https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR|title=Ratification Status for CCPR - International Covenant on Civil and Political Rights|website=United Nations Human Rights Treaty Bodies}}</ref> as well as the International Covenant on Economic, Social and Cultural Rights (ICESCR).<ref>{{Cite web|url=https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CESCR|title=Ratification Status for CESCR - International Covenant on Economic, Social and Cultural Rights|website=United Nations Human Rights Treaty Bodies}}</ref> Articles of the ICCPR highlight freedom of thought, freedom of expression, freedom of opinion, the right of peaceful assembly, and the freedom to seek, receive and impart information.<ref name=":7">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights|title=International Covenant on Civil and Political Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref> The ICESCR recognizes the right to enjoy culture life and to the conservation, development and diffusion of culture, as well as the right to enjoy and partake in scientific, literary and artistic production.<ref>{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights|title=International Covenant on Economic, Social and Cultural Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref> These rights and freedoms are almost unanimously found in the Moroccan Constitution as discussed above. However, the Moroccan framework adds a layer of constraint when compared to these international treaties and limits the exercise of the said rights to the caveat of the law. Having ratified the ICCPR, Morocco is subject to the periodic review of the Human Rights Committee and its resulting recommendations per Article 28 of the ICCPR.<ref name=":7" /> The Committee's sixth periodic report of Morocco noted the following: "The Committee welcomes the adoption of the new Press Code in 2016, under which press-related offences are no longer subject to custodial penalties. It is concerned, however, about the concurrent introduction of new provisions in the Criminal Code that establish terms of imprisonment as penalties for acts perceived as being offensive to Islam or the monarchy or as posing a threat to the country’s territorial integrity.<ref>{{Cite web|url=https://docs.un.org/en/CCPR/C/MAR/CO/6|title=Concluding observations on the sixth periodic report of Morocco|date=December 16, 2016|website=United Nations}}</ref>" The Committee further recommended the immediate revision of the Penal Code to ensure alignment with Article 19 of the ICCPR.<ref>''Id''.</ref> This has yet to be done since the report was issued in 2016 and unlikely to see fruition, especially as it pertains to the three themes highlighted by the Committee. == Principles of Communication Law & the Media == Morocco presents a revealing illustration of the tensions which can arise between the many moving parts of communications law. Through its contemporary media framework, its recent constitutional and statutory reforms, and its membership in regional and international human rights organizations, the Kingdom is pursuing its constitutional mission of "consolidation and . . . reinforcement of the institutions of the modern State [based on] the principles of participation, of pluralism and of good governance," championing "security, liberty, equality of opportunities, [and] respect for . . . dignity and social justice."<ref name=":1" /> Against this backdrop however, informal structures and practices stand guard to the nature of messages a sender may successfully transmit to the public. Article 27 of the Constitution guarantees Moroccans the right to access information relevant to the public good, but qualifies this principle by enclosing it within the law and "the objective of assuring the protection of all which concerns national defense, the internal and external security of the State, and the private life of persons."<ref name=":1" /> The recipient has a protected right to receive unfiltered messages so long as the government does not deem the sender to threaten national security by promoting blasphemy, a potential coup against the regime, or the narrative of the Polisario Front – the official representative of the Sahrawi people, demanding the Western Sahara's independence from the Moroccan mainland. Moroccan society is thus to be informed, but within defined limits. The media in Morocco, and more specifically television channels, provide an illuminating case study of this communications model. [[File:2M TV logo.svg|thumb|The most watched Moroccan TV channel, a state owned broadcaster ]] === TV Channels & State Control === The media, in its different forms, is by a landslide the Moroccan public's main source of information. The average Moroccan devotes close to 6 hours per day to media consumption, of which about half is spent watching television.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/04/190545/moroccans-clock-nearly-6-hours-daily-on-media-consumption/|title=Moroccans Clock Nearly 6 Hours Daily on Media Consumption|last=Faouzi|first=Adil|date=April 16, 2025|website=Morocco World News}}</ref> Moroccans did not follow in the international phenomenon of streaming services and continue to favor national TV channels for news and entertainment, with 72% of viewers watching at least one Moroccan channel everyday.<ref>''Id''. </ref> These numbers would be an endearing show of national unity were it not for the state's significant involvement in the channels' management and the material they broadcast. Though the 2004 Audiovisual Communication Law put a formal end to state monopoly over TV broadcasting as discussed above, this act was more symbolic than truly reformative in practice and the Moroccan TV sector remains directly or indirectly state-owned today.<ref>{{Cite web|url=https://maroc.mom-gmr.org/en/media/tv/|title=Media Ownership Monitor: Television|date=2017|website=Le Desk}}</ref> Indeed, all nine domestic free-to-air Moroccan channels are majoritarily controlled by the Société Nationale de Radiodiffusion et de Télévision (SNRT) (2M, Al Aoula, Laayoune TV, Arryadia, Athaqafia, Al Maghribia, Assadissa, Aflam TV, Medi 1 TV).<ref name=":8">{{Cite web|url=https://www.mom-gmr.org/en/countries/morocco/|title=Media Ownership Monitor: Morocco|website=Global Media Registry}}</ref> As of 2025, SNRT acquired all stakes in 2M and Medi 1 TV and became their sole owner which is particular cause for concern when noting that 2M is the most watched channel in the country.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/01/166177/snrt-to-acquire-full-control-of-2m-medi1-tv-and-radio-within-two-months/|title=SNRT to Acquire Full Control of 2M, Medi1 TV and Radio Within Two Months|last=Faouzi|first=Adil|date=January 7, 2025|website=Morocco World News}}</ref> SNRT is wholly owned by the Moroccan government and falls under the Ministry of Youth, Culture and Communication as law 77-03 designed.<ref>{{Cite web|url=https://statemediamonitor.com/2025/07/societe-nationale-de-radiodiffusion-et-de-television-snrt/|title=Société nationale de radiodiffusion et de télévision (SNRT)|date=July 19, 2025|website=State Media Monitor}}</ref> SNRT's operating budget in 2019 was of approximately $181 million, two thirds of which was directly state subsidized.<ref>''Id''. </ref> This state presence translates directly to editorial policy and decision-making, and SNRT is widely regarded to be "a mouthpiece of the government, avoiding criticism of state authorities or controversial political actors."<ref>''Id''. </ref> As recently as 2025, HACA received several complaints that the government unfairly used advertising segments on 2M to the advantage ruling majority by diffusing promotional material ahead of the 2026 parliamentary elections.<ref>{{Cite web|url=https://en.hespress.com/106539-opposition-parties-file-complaints-against-government-promotional-video-on-public-tv.html?|title=Opposition parties file complaints against Government promotional video on public TV|date=March 25, 2025|website=Hespress English}}</ref> Opposition party members criticized the advertisement as exploitative of national symbols for "covert electoral propaganda."<ref>''Id''.</ref> While HACA as an independent regulatory body should have followed through on these allegations, no investigation or findings were made public to this day.<ref>{{Cite web|url=https://en.yabiladi.com/articles/details/166569/2m-s-world-segment-political-advertising|title=2M’s World Cup segment not political advertising, says Morocco’s audiovisual authority|last=Zine|first=Ghita|date=May 5, 2025|website=Yabiladi}}</ref> Not only was the public exposed to potentially dishonest, prohibited content but no real regulation of the message itself or the intent of the sender subsequently took place despite grounded objections. Both audience concentration across very few channels as well as media ownership concentration by the state in Morocco present a threat to the constitutionally protected rights of access to information and pluralism of ideas. The royal family and government ministers are ostensibly in position to control the media narrative to preserve the national status quo without consequence from established law and regulatory bodies.<ref name=":8" /> The proper legal framework to combat this exists but the gap between text and practice dilutes the message before it ever reaches the recipient. The informal structures and culture of self-censorship which exist within this gap, represent "a disturbing tendency for a cartel with common interests to form at the intersection of the political and business worlds, a cartel that is undermining pluralism and therefore media independence.”<ref>''Id.''</ref> == Censorship & Violent Content == In the age of 9/11 and the Arab Spring lighting through the Middle East and North Africa like wildfire, Morocco found itself in the eye of the storm and responded as such. Whether this response was proportionate to the perceived threat, and whether the state leveraged this new era of legislation to its advantage is to be explored below. Moroccan communications law, like that of many other states facing a non-state actor threat, grapples with the fine line of adequately informing the public – as is constitutionally required –without amplifying terrorist propaganda or further compromising national security. Article 23 of the Moroccan Constitution sets out that "all incitement to racism, to hatred and to violence is prohibited,"<ref name=":1" /> which, unlike other constitutional rights and freedoms, is a standalone clause and not subsequently qualified by its consistency with the law. It is to be noted that this sort of strict prohibition is a rare occurrence within the Constitution and highlights the intolerance of the Moroccan state towards racial discrimination, hatred and acts of violence. Sitting on the other balancing scale is Article 28 of the Constitution which stipulates that "the freedom of the press is guaranteed and may not be limited by any form of prior censure . . . within the sole limits expressly provided by the law, information, ideas and opinions."<ref name=":1" /> The constitutional prohibition on hatred and violence seems absolute at least textually, whereas the press may be subject to censorship where the law intervenes to diffuse national and public unrest. Hatred and violence are broad terms which can be construed under a myriad of interpretations and open to manipulation if left undefined as is the case in the Moroccan Constitution. The Press Code of 2016 does not much more narrowly conceptualize these terms but it does provide some guidance as to their scope in practice. Article 37 of the Code expressly permits journalistic censorship in cases of: * Direct incitation to homicide, terrorism, theft, or destruction; * Justification of war crimes, crimes against humanity, crimes of genocide or crimes of terrorism; * Direct incitation to hatred, racial discrimination or incitation to harm minors.<ref>{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/16975|title=Law No. 88-13 on the Press and Publishing (promulgated by Dahir No. 1-16-122 of 6 Kaada 1437|date=August 10, 2016|website=Wipolex}}</ref> === Anti-Terrorism === [[File:Marrakech Bombing Site Late in the Day.jpg|thumb|380x380px|Scene of the aftermath of the Marrakech bombing in tourist hotspot]] Terrorist attacks in two of Morocco's most densely populated cities – Casablanca and Marrakech – marked the country and shaped the advent of stringent counter-terrorism legislation. A restaurant, social club, and foreign consulate were targeted by suicide bombers in Casablanca in 2003, causing dozens of deaths and hundreds of injured.<ref>{{Cite web|url=https://www.cnn.com/2003/WORLD/africa/05/16/morocco.blasts/|title=Bombs kill at least 20 in downtown Casablanca|date=May 19, 2003|website=CNN}}</ref> Less than a decade later in 2011, the Argana Café in Marrakech's famous Jamaa El Fnaa square was bombed, costing the life of at least 16 people and shaking the nation to its core.<ref>{{Cite web|url=https://www.nytimes.com/2011/04/30/world/africa/30morocco.html|title=Bombs kill at least 20 in downtown Casablanca|last=Mekhennet|first=Souad|date=April 29, 2011|website=New York Times}}</ref> Anti-terrorism legislation passed less than 10 days after the Casablanca attacks, while the Marrakech bombing coincides with the year that the Moroccan Constitution was amended.<ref>{{Cite web|url=https://www.hrw.org/news/2011/04/29/morocco-marrakesh-bombing-abhorrent|title=Morocco: Marrakesh Bombing Abhorrent|date=April 29, 2011|website=Human Rights Watch}}</ref> Article 218 of the Penal Code, passed through Law 03.03, runs through 6 pages dedicated to a comprehensive anti-terrorism framework.<ref name=":14">{{Cite web|url=https://www.unodc.org/cld/document/mar/1962/code_penal_version_consolidee_du_2014.html?|title=Code Penal|date=March 20, 2014|website=United Nations Office on Drugs and Crime}}</ref> The Code prescribes prison terms of up to 10 years, paired with fines of up to $500.000 for anyone found guilty of committing or inciting to commit acts of terrorism through offline or online speech.<ref>''Id''.</ref> On account of this law, Morocco cracked down on more than 2,000 terrorist operations since 2003, including physical and virtual threats.<ref>{{Cite web|url=https://www.visionofhumanity.org/moroccos-counterterrorism-evolution/|title=Morocco’s Counterterrorism Evolution|last=May 30, 2022|website=Vision of Humanity}}</ref> The broad terms of the counterterrorism law however, begs the question of whether any wrongful arrests are executed under its authority. ==== Representative Cases ==== Journalists and media outlets have a responsibility to effectively inform the public of potential terrorism risk while simultaneously avoiding to assist terrorists in their divisive political agenda.<ref>{{Cite web|url=https://www.unesco.org/en/articles/terrorism-and-media-handbook-journalists|title=Terrorism and the Media: A Handbook for Journalists|date=March 27, 2017|website=UNESCO}}</ref> This subtle distinction between reporting on terrorist activity and disseminating it has led to a repeating occurrence of censorship and unjust arrests of Moroccan journalists, widely criticized by human rights organizations and NGOs.<ref>{{Cite web|url=https://www.hrw.org/news/2014/02/19/dispatches-now-free-moroccan-journalist-still-faces-terrorism-charges|title=Dispatches: Now Free, Moroccan Journalist Still Faces Terrorism Charges|last=Goldstein|first=Eric|date=February 19, 2014|website=Human Rights Watch}}</ref> Ali Anouzla, editor of an online newspaper, was convicted on terrorism charges in 2013.<ref name=":9">{{Cite web|url=https://www.aljazeera.com/features/2013/9/25/morocco-journalist-accused-of-terrorism|title=Morocco journalist accused of ‘terrorism’|last=Alami|first=Aida|date=September 25, 2013|website=Al Jazeera}}</ref> He wrote and published an article on Al-Qaeda's presence in North Africa, accompanied by a link to another newspaper showing a video made by the terrorist group.<ref name=":10">{{Cite web|url=https://rsf.org/en/drop-all-charges-against-moroccan-journalist-ali-anouzla-let-him-go-free-once-and-all|title=Drop All Charges Against Moroccan Journalist Ali Anouzla – Let Him Go Free, Once and For All|date=January 21, 2016|website=Reporters Without Borders}}</ref> Anouzla was accused of "material assistance" to a terrorist organization, "defending terrorism" and "inciting the execution of terrorist acts" under the Penal Code's Article 218.<ref>''Id''. </ref> Just a few months prior to his conviction, Anouzla had covered a story about a Spanish pedophile sentenced to 30 years in prison in Morocco who was then pardoned by the King.<ref name=":9" /> The article caused widespread outrage and led to the reversal of the King's decision and the reimprisonment of the criminal – a case without precedent in Morocco.<ref>''Id''. </ref> Anouzla "knew the time for retribution would come."<ref>''Id''.</ref> Anouzla's Al Qaeda article showed undeniable objectivity and was similarly phrased to many other publications on the same topic which gives his defense of deliberate targeting and censorship serious legitimacy.<ref name=":10" /> Human Rights Watch commented the following on Anazoula's case: “Authorities have conflated reporting and inciting. Jailing the messenger won’t make extremists go away, but it will intimidate other journalists who report on them.”<ref name=":9" /> During the same year as Anouzla's conviction, Mustapha El Hasnaoui, was arrested on the basis of terrorism related charges under the Penal Code. El Hasnaoui, in his capacity as a journalist, had been in contact with individuals from Syria who were opposed to their then sitting government.<ref>{{Cite web|url=https://www.amnesty.org/en/latest/press-release/2014/05/morocco-stop-using-terrorism-pretext-imprison-journalists/|title=Morocco: Stop using ‘terrorism’ as a pretext to imprison journalists|date=May 20, 2014|website=Amnesty International}}</ref> El Hasnaoui refused to denounce them to the state as suspected terrorists for lack of information.<ref>''Id''.</ref> El Hasnaoui had previously rejected multiple offers from the government to join Morocco's intelligence services and contends that his wrongful arrest and unfair trial was direct retaliation against his desire to remain independent.<ref>''Id''.</ref> As a result of these politically charged arrests, the Moroccan communications regime is under fire for using terrorism as a pretext to censor and wrongfully imprison journalists. There exists a clear discrepancy between the Penal Code and the Press Code, the latter which should be the first point of reference when scrutinizing journalistic material regardless of its nature. Press coverage of terrorist activity in Morocco is criminalized almost de facto and worse yet, relied upon for censorship in furtherance of pre-existing political motives. == Truth, Honor & Tolerance == [[File:Sunshine on mosque Hassan II in Casablanca, Morocco - Flickr - Milamber's portfolio.jpg|thumb|350x350px|Sunrise on the Hasan II Mosque, the third largest mosque in Africa]] As established above, Islam is the official religion of the Moroccan Kingdom. The King is referred to in the Moroccan Constitution as the "Commander of the Faithful [who] sees to the respect for Islam," but is also "the Guarantor of the free exercise of beliefs."<ref name=":1" /> Moroccan jurisprudence is not sharia-centered (Islamic law) contrary to what many may reasonably assume, but Islamic principles nonetheless influence several areas of Moroccan law and its practical enforcement – especially personal status and family law.<ref>{{Cite web|url=https://campaignforjustice.musawah.org/repository/morocco/|title=Global Repository of Muslim Family Laws|last=Bouzghaia|first=Ilyass|website=Musawah for Equality in the Family}}</ref> These same principles have shaped society's understanding of honor, truth and their respective parameters.<ref name=":11" /> The prevalence of Islamic tones within the fabric of the Moroccan social and legal order is not met with much pushback or construed as intolerant, considering that 99% of Moroccans are Muslim and have been for centuries.<ref>{{Cite web|url=https://www.worldatlas.com/articles/religious-beliefs-in-morocco.html|title=Religious Beliefs In Morocco|last=Sawe|first=Benjamin Elisha|date=April 25, 2017|website=World Atlas}}</ref> The relationship of Islam to the modern Moroccan state is characterized by "the values of openness, of moderation, of tolerance, and of dialog for mutual understanding between all the cultures and the civilizations of the world;"<ref name=":1" /> yet, hate speech is layered with Islamic customary law and blasphemy remains one of the three red line subjects around which communication is frequently censored and sanctioned. Though the government, including the King in a 2022 public address,<ref>{{Cite web|url=https://en.hespress.com/46655-king-mohammed-vi-calls-for-gender-equality-reforms-during-throne-day-speech.html|title=King Mohammed VI calls for family code reform during Throne Day speech|date=July 30, 2022|website=Hespress English}}</ref> continues to manifest a national intention to further separate church and state, sharia-based Penal Code provisions are drawn on by authorities to advance political objectives more often than to punish unislamic conduct. === Hate Speech & Religious Intolerance === ==== Extramarital Relationships ==== Extramarital relations or adultery are not only prohibited by Islamic law but also criminalized by Articles 490 and 491 of the Moroccan Penal Code.<ref name=":14" /> The Code indeed attaches up to two years of prison time to individuals stepping out of an existing marriage or engaging in pre-marital relations.<ref>''Id''.</ref> This norm is deeply engrained within Moroccan society's notion of honor, and was further reinforced by French colonial institutionalization of Christian morality and values within the Penal Code.<ref>{{Cite web|url=https://www.ohchr.org/sites/default/files/documents/cfi-subm/2308/subm-colonialism-sexual-orientation-oth-ourkiya.pdf|title=Gender and Sexual Orientation in Postcolonial Morocco: An overview|last=Ourkiya|first=Asmae|website=OHCHR}}</ref> Moroccan authorities however, have grown increasingly tolerant of extramarital relationships in recent decades and very sporadically enforce the applicable portion of the Code, though it was never formally amended.<ref>{{Cite web|url=https://medium.com/@emmadavis/behind-closed-doors-f0cbc7d42a99|title=Behind Closed Doors|last=Davis|first=Emma|date=August 25, 2015|website=Medium}}</ref> In fact, the Justice Minister put an end to the long established practice of requiring couples at hotels to present a marriage certificate before booking a room in 2023.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2024/05/19102/moroccans-divided-over-lifted-ban-on-marriage-certificate-requirement-in-hotels/|title=Moroccans Divided Over Lifted Ban on Marriage Certificate Requirement in Hotels|last=Zouiten|first=Sara|date=May 27, 2024|website=Morocco World News}}</ref> Dating publicly carved its place in Moroccan society and turning a blind eye to the implications of this new reality serves the greater good by preserving law enforcement resources, and better aligning with the ICCPR's right to privacy.<ref>{{Cite web|url=https://www.hrw.org/news/2019/12/04/morocco-landmark-proposals-individual-freedoms|title=Morocco: Landmark Proposals on Individual Freedoms|date=December 4, 2019|website=Human Rights Watch}}</ref> Moroccan authorities do not always choose to display tolerance for extramarital relationships however, and use the Penal Code as a fallback to control and censor communication. Hicham Mansouri, a Moroccan journalist who had been working on a piece about electronic state surveillance, was arrested for adultery along with his partner and sentenced to 10 months in prison in 2015.<ref>{{Cite web|url=https://gijn.org/stories/the-moroccan-journalist-who-fled-his-country/|title=The Moroccan Journalist Who Fled His Country|last=Fournier|first=Gaelle|date=July 22, 2019|website=Global Investigative Journalism Network}}</ref> Mansouri believes to have been targeted and wrongfully arrested to suppress his findings on the government and prevent their public dissemination.<ref>''Id''.</ref> The lack of consistency in the government's tolerance of extramarital relationships and the arbitrary convictions which result should ring the alarm for the need to reform the relevant sections of the Penal Code and remove backup routes to censorship disguised as religious and legal morality. ==== Blasphemy ==== Article 267 of the Penal Code works hand in hand with Article 70 of the Press Code to prohibit and criminalize blasphemous speech.<ref name=":12" /><ref name=":13" /> Blasphemy is sanctioned by the Penal Code by up to 2 years of prison time and $22,000 in fines.<ref name=":13" /> The crime is broadly construed as speech which offends or is aimed at causing harm to Islam.<ref name=":15">{{Cite web|url=https://www.hrw.org/news/2025/09/11/morocco-exonerate-release-activist-sentenced-for-blasphemy|title=Morocco: Exonerate, Release Activist Sentenced for Blasphemy|date=September 11, 2025|website=Human Rights Watch}}</ref> As a piece of the three untouchable subjects in Morocco, blasphemous speech is considered to be one of the worst forms of hate speech and is not tolerated in any way or under any context, unlike other sharia-based offenses.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2015/04/119734/morocco-toughens-law-against-blasphemy-sexual-harassment/#google_vignette|title=Morocco Toughens Law Against Blasphemy, Sexual Harassment|last=Arbaoui|first=Larbi|date=April 2, 2015|website=Morocco World News}}</ref> Though the Moroccan Constitution promotes pluralism of ideas and respect of all religions, speech mocking or discrediting Islam is a hard boundary.<ref name=":1" /> A human rights activist, Ibtissame Lachgar, was arrested and sentenced to 30 months in prison on blasphemy charges in addition to incurring a fine of $5,500 in 2025.<ref name=":15" /> Lachgar posted a picture of herself on social media wearing a shirt with the slogan "Allah is a lesbian" printed on it.<ref>''Id''.</ref> While the Moroccan communications regime approach to blasphemy may be regarded as extreme relative to international standards, it is at least consistent and predictable and does not seem to be leveraged as a way to accomplish covert political goals. == Cultural and Religious Expressions == Morocco represents the confessional state par excellence. The established religion of the Kingdom and its interaction with Morocco's communications law regime has become a pervasive theme across this project but deserves to be zoomed on further as it manifests through religious and cultural festivals, and as it creates space for wider religious tolerance and secularism in parallel. Islam was introduced to Western North Africa in the early eighth century and rapidly meshed in with pre-existing traditions though the two customs were vastly divergent, if not outright contradictory.<ref>{{Cite web|url=https://www.jstor.org/stable/1385007?casa_token=hafVZv9XaPkAAAAA%3AhPyKoUQ48sajpl_Rn6IMQ6LuXwCDSdF0abnhsloC4_wh9LnI8R6zTVQ0vHvFrozoBtn2wxZWdQZWfRYl7B4wOPqbPSA2-zFmb47OjNdZRM1kxzO2TpWQ&seq=1|title=Islam and Society-Formation in Morocco Past and Present|last=Hagopian|first=Elaine|date=1963|website=Jstor}}</ref> This unique intertwining of culture and spirituality is relatively absent in other confessional Muslim states across the Middle East and thus coined as "Moroccan Islam."<ref>''Id''.</ref><ref>{{Cite web|url=https://www.researchgate.net/publication/385062930_Morocco's_Distinctive_Islam_at_a_Crossroads_The_State's_Support_for_Sufism|title=Morocco’s Distinctive Islam at a Crossroads: The State’s Support for Sufism|last=Faitour|first=Mouad|date=2024|website=Multidisciplinary Digital Publishing Institute (MDPI)}}</ref> It is distinguished by its centrality on "strict adherence to the Maliki madhhab [Islamic school of thought], the veneration of the Prophet [pbuh] and the glorification of popularly acclaimed saints," as well as the legitimization of the royal family by virtue of its claimed holy lineage.<ref>{{Cite web|url=https://api.taylorfrancis.com/content/books/mono/download?identifierName=doi&identifierValue=10.4324/9780429293122&type=googlepdf|title=The Power of Islam in Morocco: Historical and Anthropological Perspectives|last=El Mansour|first=Mohamed|date=2020|website=Taylor & Francis Group}}</ref> This religious amalgam is so emblematic of the Moroccan social makeup that it is acknowledged in the preamble of the Constitution which attributes it to "the convergence of its Arab Islamist, Berber [amazighe] and Saharan-Hassanic [saharo-hassanie] components, nourished and enriched by its African, Andalusian, Hebraic and Mediterranean influences."<ref name=":16">{{Cite web|url=https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en|title=Morocco's Constitution of 2011|date=2012|website=Constitute Project}}</ref> Morocco's national cultural heritage laws and institutions as well as its commitment to international conventions insulate the right to organize and participate in feasts and festivals, though it remains unenumerated in the law.<ref>{{Cite web|url=https://whc.unesco.org/en/statesparties/ma|title=Morocco|website=UNESCO}}</ref><ref name=":02">{{Cite web|url=https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1043&context=jetlaw|title=The Right to Feast and Festivals|last=Riofrio|first=Juan C.|date=2021|website=HeinOnline|publisher=Vanderbilt Journal of Entertainment and Technology Law}}</ref> While continued religious adherence to a singular faith is palpable in Morocco through its mosques at every street corner, its resounding calls to prayer, and its legal system's clear Islamic influences, cultural – and even un-Islamic –traditions plainly co-exist within this landscape.<ref>{{Cite web|url=https://www.proquest.com/openview/d67085942480c47d50b89b670f3e51e8/1?pq-origsite=gscholar&cbl=5455932|title=Moroccan Culture and Religion in the 21st Century|last=Mbarek|first=Oukhouya Ali|date=Dec 2024|website=ProQuest|publisher=African Journal of Religion, Philosophy and Culture (AJRPC)}}</ref> Secularism and religious pluralism are moreover tolerated and accommodated as evidenced by the thousands of active churches and synagogues throughout the country or the Christmas trees and nativity scenes which rise across public spaces during the holidays of minority faiths.<ref>{{Cite web|url=https://www.worldjewishcongress.org/en/about/communities/MA|title=Morocco|website=World Jewish Congress}}</ref> Though imperfect in its neutrality and separation, Morocco presents a successful case study of the application of the principles of secularity and cooperation in a confessional state where festivals and feasts are treated as an informal right rooted in customary law. === The Co-Existence of Culture and Religion Through Festivals === ==== Eid Al-Adha ==== Major Islamic holidays are loudly celebrated by the state and the general public alike in Morocco, as is characteristic of the typical confessional state. The most festive of these holidays is Eid Al-Adha, or the Feast of Sacrifice, which involves the slaughter of a sheep in commemoration of Prophet Abraham's willingness to sacrifice his only son for the sake of God.<ref name=":22">{{Cite web|url=https://dn711206.ca.archive.org/0/items/TheFiqhOfEidAlAdha/TheFiqhOfEidAlAdha.pdf|title=The Fiqh of Eid Al-Adha|website=Archive.org}}</ref> Royal decree No. 2.05.916 of 2005 renders Eid Al-Adha a national religious holiday to be announced yearly by the head of government, and regulates working days and hours to allow for celebration and observance of the religious rituals associated with this holiday.<ref>{{Cite web|url=https://www.cg.gov.ma/en/node/12377|title=Exceptional Holiday on the Occasion of Eid al-Adha|date=May 30, 2025|website=Kingdom of Morocco Head of Government|archive-date=}}</ref> Up to three working days are declared public holidays for the occasion of Eid Al-Adha alone and employers who violate this mandate –regardless of their own or their employees confessional adherence – are subject to legal liability under the Moroccan Labour Code's Article 217.<ref>{{Cite web|url=https://www.mmsp.gov.ma/fr/nos-metiers/horaires-de-travail-et-jours-f%C3%A9ri%C3%A9s?|title=Horaires de travail et jours fériés|website=Ministère de la Transition Numérique et de la Réforme de l'Administration}}</ref><ref>{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/7371|title=Loi n° 99-65 relative au Code du Travail (promulguée par Dahir n° 1-03-194|date=September 11, 2003|website=WIPO}}</ref> Though Eid Al-Adha can represent a temporary economic slowdown, it is valued by the state as not only a primordial religious duty but a tool of national cohesion and a means of honoring the state's commitment to freedom of religion and cultural participation rights under the UDHR, the ICCPR, the ICESCR as well as the African Charter.<ref name=":32">{{Cite web|url=https://books.google.com/books?hl=en&lr=&id=r92qEQAAQBAJ&oi=fnd&pg=PT9&dq=eid+el+adha+morocco&ots=g308Ob2CLU&sig=OgskrYQvBHT_KCU7i8WxMs35No0#v=onepage&q=eid%20el%20adha%20morocco&f=false|title=Morocco - Culture Smart!: The Essential Guide to Customs & Culture|last=York|first=Jillian C.|website=Google Books}}</ref><ref name=":72">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights|title=International Covenant on Civil and Political Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref><ref name=":42">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights|title=International Covenant on Economic, Social and Cultural Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref><ref>{{Cite web|url=https://www.african-court.org/wpafc/wp-content/uploads/2020/04/AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS.pdf|title=AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS|website=African-Court}}</ref><ref name=":17">{{Cite web|url=https://www.un.org/en/about-us/universal-declaration-of-human-rights|title=Universal Declaration of Human Rights|website=United Nations}}</ref> The observance of this holiday and the days of rest consecrated to its celebration are treated as an unspoken right of Moroccan citizens and residents, and end in and of itself.<ref name=":02" /> King Mohammed VI described the importance of the celebration of Eid Al-Adha as follows: "The celebration of this feast is not a fleeting occasion; rather, it carries strong religious meanings, reflecting the deep connection of My faithful subjects with the various aspects of our Sacred religion and their will to draw closer to the Almighty and to strengthen social and family ties through this revered occasion."<ref>{{Cite web|url=https://www.cg.gov.ma/en/node/12213?utm_source=chatgpt.com|title=HM the King, Commander of the Faithful, Sends Message to His Faithful People Regarding Abstention from Performing Eid Sacrifice Ritual|date=February 26, 2025|website=Head of Government}}</ref>[[File:Bwjlwd.jpg|left|thumb|400x400px|Boujloud Festival celebrated in the city of Agadir in 2020 Captured by Imad Bennaceur]]Eid customs in Morocco satisfy all four elements of the feast and are as such protected by the Moroccan government which itself actively participates in the festival.<ref name=":02" /> Muslims beyond Morocco partake in Eid Al-Adha primarily because it is mentioned in the Quran and is a 'sunnah,' or a practice of the Prophet Muhammad (pbuh);<ref name=":22" /> but in Morocco specifically, where poverty and food diversification remains a challenge, Eid Al-Adha represents some Moroccans' main yearly source of meat and thus another reason to celebrate.<ref>{{Cite web|url=https://www.worldbank.org/en/country/morocco/publication/poverty-in-morocco-challenges-and-opportunities|title=Poverty in Morocco: Challenges and Opportunities|date=April 9, 2018|website=World Bank Group}}</ref> Indeed, the Statistics and Forecasts Office reports that Eid Al-Adha sheep amount to 41% of the yearly meat expense for the poorest 10% of Moroccan households.<ref>{{Cite web|url=https://barlamantoday.com/2024/06/11/moroccan-household-meat-consumption-increases-during-feast-of-sacrifice-hcp/|title=Moroccan Household Meat Consumption Increases during Feast of Sacrifice, HCP|last=Essassi|first=Donya|date=June 11, 2024|website=Barlaman Today}}</ref> Eid celebrations commence with believers wearing their finest clothing to congregate by the thousands for morning Eid prayer.<ref name=":52">{{Cite web|url=https://www.moroccoworldnews.com/2024/06/18353/eid-al-adha-in-morocco-a-celebration-of-faith-and-tradition/|title=Eid Al Adha in Morocco: A Celebration of Faith and Tradition|last=Daoudi|first=Asmae|date=June 17, 2024|website=Morocco World News}}</ref> The King, or Commander of the Faithful, is broadcasted on national television every year as he and his family attend Eid prayer and later observe the sacrificial ritual.<ref>{{Cite web|url=https://en.hespress.com/112674-video-king-mohammed-vi-performs-eid-al-adha-prayer-in-tetouan.html|title=Video: King Mohammed VI performs Eid Al Adha prayer in Tetouan|date=June 7, 2025|website=Hespress English}}</ref><ref>{{Cite web|url=https://www.youtube.com/watch?v=qKn6q-LbmDg|title=Roi Mohammed VI Aïd Al-Adha la mosquée Hassan II de (Tétouan)|date=June 7, 2025|website=Youtube}}</ref> As the head of state, this public airing of the King's personal practice is a symbolic reaffirmation of the state's creedal identity. Families across the country simultaneously reunite to go through the steps of the religious sacrifice together, cook and eat meals specifically dedicated to Eid Al-Adha using the sacrificed animal(s)'s meat, and spend the rest of the day rejoicing and celebrating at the sound of both traditional music and religious chants.<ref name=":52" /> Leftover meat is traditionally frozen and given to charity or used by families for up to months after the celebration of Eid Al-Adha.<ref>''Id''.</ref> ==== The Boujloud Festival ==== [[File:Boujloud.jpg|thumb|350x350px|Close-Up of Boujloud costumes Captured by Hassan Ahachi]] "Morocco is a land of vivid contrasts"<ref name=":32" /> and Eid Al-Adha is by that token not celebrated in isolation. The Boujloud festival quickly emerges in the days following Eid Al-Adha, primarily in the Southern regions of Morocco including Agadir and the Souss Valley.<ref name=":52" /> Boujloud translates to "the father of skins" and evokes airs of halloween or the day of the dead whereby young men clothe themselves in sheep skin and paint their faces to march through the streets accompanied by music, dance and laughter.<ref>''Id''.</ref> While the theme of the sheep may suggest an extension of Eid Al-Adha celebrations Boujloud, like Halloween, has pre-islamic pagan roots.<ref>{{Cite web|url=https://medium.com/@benznanamohamed/the-boujloud-carnival-moroccos-intriguing-mosaic-of-tradition-rebellion-and-revelry-b0437e5844af|title=The Boujloud Carnival: Morocco’s Intriguing Mosaic of Tradition, Rebellion, and Revelry|last=Benznana|first=Mohamed|date=July 8, 2023|website=Medium}}</ref> The festival originates in Berber or Amazigh tradition as well as Christian and Jewish folklore, and represents the eternal punishment of a man turned animal after offending the sanctity of a holy place.<ref>''Id''.</ref><ref>{{Cite web|url=https://moroccotomorrow.org/the-jajouka-master-musicians-a-universal-hymn-to-tolerance-and-peace-from-morocco-to-the-world-analysis/|title=The Jajouka Master Musicians: A Universal Hymn To Tolerance And Peace From Morocco To The World – Analysis|date=September 16, 2019|website=Morocco Tomorrow}}</ref> By celebrating this pagan tradition in the days directly following an Islamic holiday of all times, some religious scholars have interpreted the festival as going counter to Islamic law and principles.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2024/06/18355/boujloud-where-sheepskins-and-spirits-intertwine/|title=Boujloud: Where Sheepskins and Spirits Intertwine|last=Faouzi|first=Adil|date=June 17, 2024|website=Morocco World News}}</ref> Yet, the Moroccan state protects the people's right to celebrate Boujloud as part of their cultural heritage under the Moroccan Constitution and UNESCO norms. Indeed, the Constitution expressly recognizes the right to indigenous cultural expression under Article 5 while the ICESCR highlights the right to take part in cultural life.<ref name=":16" /><ref name=":42" /> The King has also established the Royal Institute of Amazigh Culture which supports and funds indigenous cultural celebrations like Boujloud.<ref>{{Cite web|url=https://www.ircam.ma/fr/textes-fondateurs/texte-du-dahir|title=Texte du Dahir|website=Institut Royal de la Culture Amazighe}}</ref> In conjunction, Morocco is party to the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of which Article 2 specifically protects "social practices, rituals and festive events."<ref>{{Cite web|url=https://ich.unesco.org/en/convention|title=Text of the Convention for the Safeguarding of the Intangible Cultural Heritage|website=UNESCO}}</ref> While the right to feasts and festivals is not formally enshrined in Moroccan or international law, Morocco has proved successful and consistent at safeguarding it indirectly under its customary law and ensuring the continued celebration of festivals like Boujloud despite their un-Islamic nature. === The Place of Secularism in Morocco === Feasts and festivals need not be strictly religious or cultural in nature to be afforded protection under the state, and Morocco holds many such celebrations for which the reason to feast is completely secular.<ref name=":02" /> The protection of secular festivals finds footing partly in the Moroccan Constitution which guarantees the freedom of religion, thought and opinion as well as the public powers' support "to the development of cultural and artistic creation . . . in an independent manner and on democratic" bases.<ref name=":16" /> The ICCPR's rights to freedom of assembly, including public festivals, further supports an informal right to secular feasts and festivals. One of the most prominent secular festivals in Morocco is the Mawazine music festival established in 2001 under the direct authority of King Mohammed VI.<ref>{{Cite web|url=https://mawazine.ma/en/le-festival-mawazine/presentation-du-festival/|title=Presentation|website=Mawazine.ma}}</ref> Mawazine takes place yearly in the Kingdom's capital, Rabat, and hosts some of the world's most popular artists the likes of Rihanna, Shakira, or Pitbull.<ref>''Id''.</ref> The given reason for the festival, beyond respect for and advancement of art, is the "promotion of the Kingdom’s values and uphold[ing] a message of tolerance, openness, respect and dialogue" as well as the "democratization of culture in Morocco."<ref>''Id''.</ref> The festival attracts up to two million friends and families every year who gather to dance, sing, and cheer on their favorite performers.<ref>''Id''.</ref> This being said, the majority of renowned secular feasts and festivals in Morocco remain under state control or royal patronage which creates significant risk for potential censorship and over-regulation of independent and secular celebrations.<ref>{{Cite web|url=https://heinonline.org/HOL/Page?public=true&handle=hein.journals/mistjintl32&div=6&start_page=25&collection=journals&set_as_cursor=0&men_tab=srchresults|title=STRUGGLES AND TRIUMPHS: AMAZIGH CONSTITUTIONAL CLAIMS AND BUREAUCRATIC DISENTITLEMENT IN MOROCCO|last=Castaneda|first=Heide|website=HeinOnline}}</ref> == Privacy & Data Protection == Privacy, intimacy, and secrecy are often treated interchangeably in colloquial language due to their heavy overlap.<ref>{{Cite web|url=https://heinonline.org/HOL/Page?handle=hein.journals/yljfor123&id=356&collection=journals&index=|title=Secrecy, Intimacy, and Workable Rules: Justice Sotomayor Stakes Out the Middle Ground in United States v. Jones|date=March 24, 2014|website=HeinOnline|publisher=The Yale Law Journal Forum}}</ref> The legal implications and rights which arise out of the nuances between these three concepts nevertheless call for their differentiation, though modern technologies render this task particularly difficult.<ref>''Id''.</ref> Moroccan domestic law, like the majority of communications law regimes, clearly addresses privacy rights while intimacy and secrecy somewhat lag behind.<ref>{{Cite web|url=https://privacyinternational.org/state-privacy/1007/state-privacy-morocco|title=State of Privacy Morocco|date=January 26, 2019|website=Privacy International}}</ref> Morocco was the first African state to adopt a formal data protection framework in 2009 through law 09-08 which was modeled after the French Data Protection Act and the EU Data Protection Directive 95/46/EC. <ref name=":18">{{Cite web|url=https://www.recordinglaw.com/world-laws/world-data-privacy-laws/morocco-data-privacy-laws/|title=Morocco Data Privacy Laws: Law 09-08 Compliance Guide (2026)|date=March 28, 2026|website=Recording Law}}</ref> In accordance with its broader modernization efforts, Morocco's approach to data protection is distinct from that of other MENA states, and has taken on transparency and access to information as a general rule while strict secrecy is treated as the exception.<ref>{{Cite web|url=https://www.mmsp.gov.ma/fr/nos-metiers/droit-d%E2%80%99acc%C3%A8s-%C3%A0-l%E2%80%99information?utm_source=chatgpt.com|title=Droit d’accès à l’information|website=Ministère de la Transition Numérique et de la Réforme de l'Administration}}</ref> The invocation of this exception and its breadth however, give public authorities considerable deference to restrict access to information especially when it is related to the recurring triangle of the monarchy and national security, Islam as the state's official religion, and territorial integrity.<ref>{{Cite web|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3545&context=isp_collection|title=Violating of Individual Privacy: Moroccan Perceptions of the Ban of VoIP Services|last=Delhees|first=Tyler|date=December 4, 2016|website=SIT Digital Collections}}</ref> === Data Protection Framework === Much like the rest of the world in 2026, the vast majority of Moroccans of all age groups have a strong digital presence with over 92% of the population possessing an online footprint – making Morocco one of the continent's most digitally connected nations.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/11/267078/morocco-2026-digital-report-92-of-the-population-now-online/|title=Morocco 2026 Digital Report: 92% of the Population Now Online|last=Moho Amer|first=Oumaima|date=November 8, 2025|website=Morocco World News}}</ref> Moreover, 59% of Moroccans are active on social media platforms like Facebook or TikTok which are known to gather a series of sensitive personal data on their users.<ref>{{Cite web|url=https://en.hespress.com/125146-moroccos-internet-users-reach-record-35-5-million-as-digital-shift-accelerates.html|title=Morocco’s internet users reach record 35.5 million as digital shift accelerates|date=November 9, 2025|website=Hespress English}}</ref> Morocco, through its domestic and international regulatory framework, formally embraces privacy rights and protects intimacy within certain domains but the digital space's collection and storage of personal information poses an oversight challenge to the legal regime as it stands. ==== Domestic & International Regulation ==== Data protection in Morocco takes root in constitutional privacy guarantees. Article 24 of the Moroccan Constitution is indeed dedicated to the delineation and protection of citizens' right to privacy, and explicitly states that "any person has the right to the protection of their private life."<ref name=":1" /> Within the umbrella of private life, private communications in all their forms are specifically enumerated as protected and enjoy a strictly "secret" status, unless justice authorizes "under the conditions and following the forms provided by the law, the access to their content, their total or partial divulgation or their summons at the demand of whosoever."<ref name=":1" /> Finally, Article 24 renders one's domicile an inviolable intimate space where "searches may only intervene in the conditions and the forms provided by the law."<ref name=":1" /> Based on Moroccan constitutional law alone, private life and communications are afforded robust protections but are nonetheless always qualified by exceptions to be leveraged as authorities deem necessary.<ref>{{Cite web|url=https://www.researchgate.net/publication/382583052_The_protection_of_personal_data_according_to_the_civil_and_criminal_Moroccan_laws_in_light_of_jurisprudence|title=The protection of personal data according to the civil and criminal Moroccan laws in light of jurisprudence|last=Gaagouch|first=Anass|date=March 2024|website=Research Gate}}</ref> Expanding upon the constitutional foundation of privacy rights, law 09-08 governs data processing by public and private entities operating in Morocco and treats the privacy concerns implied by such processes.<ref name=":19">{{Cite web|url=https://www.cndp.ma/wp-content/uploads/2023/11/Loi-09-08-Fr.pdf|title=Loi n 09-08 relative à la protection des personnes physiques à l’égard du traitement des données à caractère personnel|date=February 18, 2009|website=CNDP}}</ref> This statute arising out of Royal Decree 1-09-15 recognizes a right to the protection of personal and sensitive data as information pertaining to private life. Personal data is defined by law 09-08 as "any information, regardless of its nature, including sound and image, relating to an identified or identifiable physical person."<ref>''Id''.</ref> Identifiability in this context may be direct or indirect and includes references to identity-specific attributes such as identification numbers.<ref name=":20">{{Cite web|url=https://korte-law.com/data-protection-privacy-law-morocco|title=Data Protection and Privacy Law in Morocco|last=Korte|first=Zakaria|website=Korte Law}}</ref> Sensitive data on the other hand is distinguished as information relating to racial or ethnic origin, political, religious, or philosophical opinions, as well as trade-union membership or health, genetic, and biometric data.<ref name=":19" /> Due to its relatively higher risk of harm if misused, sensitive data enjoys more stringent protection measures under law 09-08 such as obtention of prior authorization by the appropriate regulatory body.<ref>''Id''.</ref> The statute also introduces the requirement of free and informed consent prior to the use of personal data, as well as the need for a legitimate purpose for the collection of said data.<ref>''Id''.</ref> Private data must in addition not be retained longer than can be shown necessary, and must be kept within measures designed to maintain its confidentiality.<ref>''Id''.</ref> Law 09-08 is wide-reaching in that it encompasses all operations – automated or not– involving personal and sensitive data, including "collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, alignment, combination, blocking, erasure, or destruction."<ref name=":20" /> The statute encompasses digitally processed data but presents important gaps when faced with the modern technological environment, including algorithmic profiling and advanced surveillance systems.<ref>{{Cite web|url=https://www.researchgate.net/publication/396906896_Toward_a_Risk-Based_Data_Governance_Framework_in_Morocco_Aligning_Law_09-08_with_GDPR_Principles|title=Toward a Risk-Based Data Governance Framework in Morocco: Aligning Law 09-08 with GDPR Principles|last=Bouiti|first=Soufiane|last2=Altdaoud|first2=Mohammed|date=October 2025|website=Research Gate}}</ref> Though much less comprehensive, Morocco is bound by treaties it has ratified at the international level to the respect and protection of privacy rights as well as the intimacy of individuals within certain sectors of private life. Both Article 24 of the UDHR and Article 17 of the ICCPR prohibit "arbitrary interference with [one's] privacy, family, home or correspondence, [and] attacks upon his honour and reputation."<ref name=":17" /><ref name=":7" /> These international instruments, despite their limited scope, complete the Moroccan data protection framework by supplementing and reinforcing protections surrounding intimate life which are limited to the home under Moroccan domestic law. ==== The CNDP ==== The National Commission for the Control of Personal Data Protection (CNDP) is an oversight and enforcement regulatory body created by Articles 1 and 2 of law 09-08.<ref>{{Cite web|url=https://www.cndp.ma/qui-sommes-nous/|title=Qui sommes-nous ?|website=CNDP}}</ref> The Commission is empowered to monitor the processing of personal data to ensure its lawful and legitimate storage and use under its mother statute, as well as employ corrective measures where personal and sensitive data are infringed upon.<ref>''Id''.</ref> The CNDP oversees a prior registration system through which it receives all data processing requests and has the jurisdiction to impose further conditions or deny authorization altogether.<ref>''Id''.</ref><ref name=":18" /> An organization's failure to register under the CNDP system may expose it to criminal liability under law 09-08.<ref name=":18" /> The Commission indeed has the authority to investigate cases of personal data misuse and refer them to the public prosecutor to initiate legal proceedings against offender organizations.<ref>{{Cite web|url=https://practiceguides.chambers.com/practice-guides/data-protection-privacy-2026/morocco|title=Data Protection & Privacy 2026|date=March 10, 2026|website=Chambers and Partners}}</ref> == Sources Cited == 46hnt0obtld71hixd4pmnoh3hgffevk 2809312 2809311 2026-05-14T21:21:10Z Amaalberrada 3046744 /* Sources of Communications Law in Morocco */ 2809312 wikitext text/x-wiki = Communications Law in the Kingdom of Morocco = [[File:Flag of Morocco.svg|thumb|The emblem of Morocco, adopted in 1915. The star's points represent the five pillars of Islam ]] == Sources of Communications Law in Morocco == Morocco's strategic geographical location and historical legacy make for a unique legal landscape, especially as it pertains to communications law. For centuries, Morocco was itself a communication corridor between continents, ancient tribal societies, empires, religions and colonial powers.<ref name=":11">{{Cite web|url=https://www.kas.de/documents/265308/265357/Legal%2BSystem%2Bof%2BMorocco.pdf/23060d5a-26e0-64a0-7b8f-8b3640d68865|title=The Legal System of Morocco|last=Hanafi|first=Leila|date=August 2020}}</ref> This baggage is palpable in the modern Morocco, despite its vast advances towards a more democratic and egalitarian legal order over the past two decades.<ref>{{Cite web|url=https://www.stimson.org/2025/moroccos-two-speed-reality/|title=Morocco’s Two-Speed Reality|last=El Yaaqoubi|first=Safae|date=December 10, 2025|website=Stimson}}</ref> Morocco is a parliamentary constitutional monarchy but is distinguished from other such forms of government, like Spain or the Netherlands, in that the monarch retains substantial political power alongside an elected Prime Minister and his Cabinet of Ministers<ref name=":0">{{Cite web|url=https://www.wrmea.org/north-africa/does-the-moroccan-monarchy-function-as-an-institution.html|title=Does the Moroccan Monarchy Function as an Institution?|last=Kouar|first=Abderrazak|date=November 17, 2025|website=Washington Report on Middle East Affairs}}</ref> – a recipe for gridlock, an ingenious way to preserve ancestral tradition, or perhaps a bit of both. The rule of law in Morocco, and unavoidably communications law, balance between longstanding practice and a wave of reform and modernization.<ref>''Id''.</ref> This balancing game is not without its pitfalls and exists within a venn diagram aligning constitutional law, national statutory law, regional and international law. Together, these sources of law seek to enforce Morocco's civil liberties and political rights and champion participation, pluralism and good governance,<ref name=":1">{{Cite web|url=https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en|title=Morocco's Constitution of 2011|date=2012|website=Constitute Project}}</ref> but without ever compromising the deeply rooted principles of the monarchy, Islam, and territorial integrity.<ref>{{Cite web|url=https://www.brookings.edu/articles/morocco-the-kings-dilemma/|title=Morocco: The king’s dilemma|last=Abdel Ghafar|first=Adel|date=March 2, 2017|website=Brookings}}</ref> === National & Regulatory Framework === ==== Constitutional Guarantees ==== The backbone of the communications law regime in Morocco is built upon the 2011 Constitution. Its text came to replace its outdated 1967 predecessor and lays out the country's governmental makeup which, much like the United States, is established upon three branches: The executive, the legislative, and the judicial.<ref>{{Cite web|url=https://www.worldatlas.com/articles/what-type-of-government-does-morocco-have.html|title=What Type Of Government Does Morocco Have?|last=Politics|first=Amber Pariona in|date=2017-08-01|website=WorldAtlas|language=en-US|access-date=2026-03-03}}</ref> While the respective authority of these factions of government used to be primarily informal and functionally intertwined, the Constitution institutionalized and delineated the scope of their power.<ref>''Id''.</ref> Even the extent of the King's functions are defined within the regulations of the Constitution, though his authority in effect protrudes from the confines of the text and is an accepted norm within the very fabric of Moroccan society.<ref name=":0" /> The Moroccan government is the structural safe keeper of the rights and freedoms outlined in the Constitution. Article 25 through Article 29 recognize and guarantee the following:<ref name=":1" /> * Freedom of opinion, thought, and conscience * Freedom of expression * Freedom of the press * Right to academic freedom * Right to culture * Right to information * Freedom of association * Freedom of assembly * Right to strike These rights and freedoms are limited however, and can be derogated in certain circumstances, especially if and when the legitimacy of the monarch, the official religion, or the country's borders is at issue. The preamble of the Constitution indeed sets out, before ever treating communication rights, that Morocco is "a sovereign Muslim State, attached to its national unity and to its territorial integrity;"<ref name=":1" /> while the nation's motto and closing line of the national anthem is "God, the Homeland, the King."<ref>{{Cite web|url=https://lingualid.com/the-national-anthem-of-morocco/|title=The National Anthem of Morocco|last=Cheddadi|first=Oualid}}</ref> This triad is untouchable across all sources of law in Morocco and communication around it is heavily monitored and disincentivized. [[File:King Hassan II with Mohammed VI.jpg|thumb|Late Kind Hasan II accompanied by current Monarch, Mohammed VI]] The guarantees of the Moroccan Constitution are well anchored within the country's governance structure but far from absolute. Contrary to that of the United States, the Moroccan Constitution is not self-executing and points to legislation and regulatory bodies for the implementation of its clauses.<ref name=":1" /> Statutory limits and regulatory authorities thus define and frame the practical scope of communication and media freedoms.<ref name=":2">{{Cite web|url=https://ebrary.net/263822/education/legal_framework_regulations_media_landscape_morocco|title=Legal framework and regulations of the media landscape in Morocco|website=Ebrary|publisher=Routledge Handbook on Arab Media}}</ref> Article 71 of the Moroccan Constitution relegates as a domain of the law "the regime of the broadcast media and of the press in all their forms."<ref name=":1" /> Despite considerable reform and leaps in civil liberties, Morocco continues to sit at a 37/100 Global Freedom Score - primarily citing the King's informal influence across sectors for this assessment, in addition to the substantiality of his constitutionally granted power.<ref>{{Cite web|url=https://freedomhouse.org/country/morocco/freedom-world/2025|title=Freedom in the World 2025: Morocco|website=Freedom House}}</ref> ==== Press & Publishing Regulation ==== Though Article 28 of the Constitution guarantees freedom of the press, it nonetheless provides that "the law establishes the rules of organization and of control of the means of public communication."<ref name=":1" /> The law in question is the Press Code of 2016 which has seen many a version and amendment since the end of the French occupation in the 1950s.<ref name=":3">{{Cite web|url=https://ebrary.net/289627/education/press_code|title=The Press Code|last=Bouziane|first=Zaid}}</ref> Previous iterations of the Code between 1959 and 2002 imposed heavy prison sanctions for non-violent speech offenses criticizing the royal family, Islam, the country's border integrity, as well as defamation and the publication of fake news.<ref name=":4">{{Cite web|url=https://www.hrw.org/report/2017/05/05/red-lines-stay-red/moroccos-reforms-its-speech-laws|title=The Red Lines Stay Red: Morocco's Reforms of its Speech Laws|last=Goldstein|first=Eric|date=May 4, 2017|website=Human Rights Watch}}</ref> Indeed, the 1959 Press Code enforced prison sentences of up to 20 years while the 2002 edition of the Code reduced the jail penalty to a maximum of 5 years.<ref>{{Cite web|url=https://rsf.org/en/new-press-code-retains-prison-sentences-press-offences?utm_source=chatgpt.com|title=The new press code retains prison sentences for press offences|date=February 22, 2002|website=Reporters Without Borders}}</ref> The 2016 Press Code, passed through Law 88.13, eliminated civil speech-related prison sentencing for journalists and created a self-regulatory body staffed with elected members, the National Press Council.<ref name=":3" /> The Council enjoys considerable freedom from the government to independently oversee journalistic ethics and uphold professional standards amongst the press and media.<ref>{{Cite web|url=https://cnp.press.ma/fr/home-fr/|title=Conseil National de la Presse}}</ref> That being said, the three taboo themes of the monarchical regime, religion, and the Saharan borders remain present in the most recent Press Code and give rise to steep fines of up to $50,000 as well as jail time for failure to satisfy said fines.<ref>''Id''.</ref> The average monthly income in Morocco being of about $2,000 per month, incurring such a fine will more likely than not lead to incarceration.<ref>{{Cite web|url=https://worldsalaries.com/average-salary-in-morocco/|title=Average Salary in Morocco|date=2026|website=World Salaries}}</ref> The press used to be particularly vocal in criticizing the authoritarian reign of late King Hasan II, and the government's caution towards the press sector never fully subsided even under a relatively more moderate monarchy.<ref>{{Cite web|url=https://www.islamicity.org/270/hassan-ii-a-king-beloved-or-despised/|title=Hassan II: A King Beloved or Despised?|last=Wright|first=Zakariya|date=July 26, 1999|website=Islamicity}}</ref> In fact, the Parliament is currently entertaining a bill to retract some of the freedom granted to the National Press Council and restore governmental oversight over the publishing process.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2026/01/276161/constitutional-court-finds-major-flaws-in-moroccos-press-council-reorganization-law/|title=Constitutional Court Finds Major Flaws in Morocco’s Press Council Reorganization Law|last=Zouiten|first=Sara|date=January 23, 2026}}</ref> ==== Broadcasting & Audiovisual Regulation ==== Broadcasting in Morocco is no free market activity and was controlled by state monopoly until 2005.<ref name=":5" /> Broadcasting law 77-03 shifted ownership rights over television and radio broadcasting to private operators, though the majority of TV channels remain state affiliated today.<ref name=":12">{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/7367|title=Law No. 77-03 on Audiovisual Communication (promulgated by Dahir No. 1-04-257 of 25 Kaada 1425 (January 7, 2005)), Morocco|date=January 7, 2005|website=WIPO}}</ref> Article 28 of the Constitution expressly relegates the regulatory oversight of the broadcasting domain to the High Authority of Broadcasting (HACA).<ref name=":1" /> HACA was founded in 2002 and is a fully impartial institution, though under the tutelary power of the King.<ref name=":2" /> Article 165 of the Constitution further defines the role of HACA as seeing to "the respect for pluralist expression of the currents of opinion and of thought and of the right of information," but that "within the respect for the fundamental values of civilization and for the laws of the Kingdom."<ref name=":1" /> HACA thus issues and controls licensing for broadcasting purposes, monitors broadcasted content, and imposes suspensions or fines, especially where the three sensitive topics of the monarchy, the national religion, or territorial integrity are infringed upon. ==== Postal Services & Telecommunication ==== Much like the constitutional framework surrounding broadcasting, the telecom sector is fully delegated to legislative supervisory authority. Article 71 provides that "the regime of the technologies of information and of communication . . . are of the domain of the law."<ref name=":1" /> The Post and Telecommunications law of 1997, number 24-96, established the National Telecom Regulator Agency (ANRT).<ref name=":5">{{Cite web|url=https://www.maroc.mom-gmr.org/en/context/law/|title=Media Ownership Monitor Morocco|date=2017|website=Le Desk}}</ref> The objectives of the ANRT mirror Morocco's general legal approach to communications: On one hand the body is responsible for liberalizing and modernizing telecom infrastructure and encouraging access to and competition around its markets, while limiting licensing and frequency allocation upon national security and legal compliance concerns.<ref>{{Cite web|url=https://ptt.ma/wp-content/uploads/2019/12/loi-24-96-telecoms-consolide%CC%81e-version-23-avril-2019.pdf|title=Loi n24-96 consolidée relative à la poste et aux télécommunications, telle qu’elle a été modifiée et Complétée|date=April 29, 2019|website=ptt.ma}}</ref> The ANRT does not extend fines and sanctions like other regulatory bodies but may employ means like surveillance and interception of prohibited requests and online content.<ref>{{Cite web|url=https://www.amnesty.org/en/location/middle-east-and-north-africa/morocco-and-western-sahara/morocco-and-western-sahara/|title=Morocco and Western Sahara|website=Amnesty International}}</ref> [[File:Rabat Cnstitutional Court.jpg|thumb|The Supreme Court in Rabat, Morocco]] ==== The Criminal Law Loophole ==== Where the Press Code, HACA, and the ANRT leave no administrative avenues for the state to restrict non-violent speech around the three-pillared threat, the Penal code acts as a last resort. Indeed, where speech offends the person of the King, Islam, or Morocco's territorial integrity, the Penal Code allows for criminal prosecution and the distribution of prison sentences, heavy fines or both.<ref name=":4" /> Regardless of the method or platform of speech, the Moroccan government interprets any attack upon the said trio a firm red line and a threat to national security. Article 267 makes the latter explicit by prescribing a 6 month prison sentence along with up to a $20,000 fine for anyone who "compromises the Islamic religion, the monarchical regime, or who incites the compromising of the territorial integrity of the Kingdom."<ref name=":13">{{Cite web|url=https://cyrilla.org/en/entity/43p0bxmmerr4er7hrxfsvmquxr/text-search?searchTerm=islam&file=1729515614696hv6ynsawau7.pdf&page=104|title=Code Penal|date=July 5, 2018|publisher=Ministère de la Justice et des Libertés|language=French}}</ref> Recently, two individuals were sentenced to five years in prison under Articles 263 to 267 of the Penal Code for making posts on Facebook criticizing the government's normalization and continued relationship with Israel.<ref>{{Cite web|url=https://freedomhouse.org/country/morocco/freedom-net/2024|title=Freedom of the Net 2024: Morocco|website=Freedom House}}</ref> This effectively creates a layered restriction system where the lack of cause of action under administrative and civil channels is supported by a strict and frozen in time Penal Code. === Regional Legal Framework === ==== Africa ==== Morocco commits itself in the preamble of its Constitution to "reinforce South-South cooperation" and to "consolidate relations of cooperation and of solidarity with the peoples of the countries of Africa."<ref name=":1" /> One of the ways by which it fulfills this commitment is through its membership in the African Union. Since 2002, the Union as a continental intergovernmental organization, has joined 55 member states on the continent around principles of "freedom, equality, justice and dignity" in the context of African brotherhood and solidarity.<ref>{{Cite web|url=https://au.int/en/overview|title=About the African Union|website=African Union}}</ref> Even at a regional level, Morocco has remained loyal to its national priorities. So much so, that the Kingdom left the African Union's Predecessor organization – the Organization of African Unity (OAU) – in 1984 after the territorial status of the Western Sahara was put in question and a majority of the OAU members voted to recognize the territory as independent.<ref>{{Cite web|url=https://www.aljazeera.com/news/2017/1/31/morocco-rejoins-the-african-union-after-33-years|title=Morocco rejoins the African Union after 33 years|last=Mohamed|first=Hamza|date=January 31, 2017|website=Aljazeera}}</ref> Since, Morocco has rejoined the African Union in 2017 with the mission of resolving the Sahara dispute in its favor, and somewhat successfully so since no members of the Union believe that "total independence for Western Sahara is still on the cards."<ref>{{Cite web|url=https://www.newsweek.com/morocco-african-union-western-sahara-551783|title=Why Has Morocco Rejoined the African Union After 33 Years?|last=Gaffey|first=Conor|date=February 2, 2017|website=Newsweek}}</ref> Morocco's rigidity towards its Western Sahara stance has also translated in the Kingdom's continued refusal to ratify the African Charter on Human and People's Rights to this day.<ref name=":6">{{Cite web|url=https://www.cfjustice.org/wp-content/uploads/filr/48443/CFJ%20-%20Morocco-%20ACHPR%20Country%20Review%20Report.pdf|title=MOROCCO: ACHPR COUNTRY BRIEFING REPORT: HUMAN RIGHTS VIOLATIONS AND VIOLATIONS OF THE AFRICAN CHARTER (OCTOBER 2024 – APRIL 2025)|website=Cfjustice|publisher=Committee for Justice}}</ref> The African Commission on Human and People's Rights (ACHPR), a product of the Banjul Charter, therefore does not have jurisdiction over Morocco and its human rights policies and practices. The Charter's Article 9 guarantees to every individual "the right to express and disseminate his opinions within the law."<ref>{{Cite web|url=https://www.african-court.org/wpafc/wp-content/uploads/2020/04/AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS.pdf|title=AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS|website=African-Court}}</ref> This language is entirely in line with the Moroccan Constitution and its human rights standards, but the Kingdom continues to decline formal adoption of the Charter due to fundamental political differences. The ACHPR nonetheless issues country review reports of Morocco as a member of the African Union and has most recently contended the following: "The independence of the judiciary, although affirmed in constitutional and legal provisions, continues to be undermined by structural weaknesses and interference from the executive, especially in cases implicating national security or dissenting political expression."<ref name=":6" /> The African Court on Human and People's Rights was founded by virtue of Article 1 of the Protocol to the Banjul Charter.<ref>{{Cite web|url=https://www.african-court.org/afchpr/welcome-to-the-african-court-2/#|title=Welcome to the African Court|website=African Court on Human and People's Rights}}</ref> Like the Banjul Charter itself, Morocco has not ratified its Protocol and is therefore not subject to the jurisdiction of the Court.<ref>''Id''.</ref> ==== Other Regional Mechanisms ==== [[File:Morocco physical map (de facto).png|thumb|400x400px|Map of Morocco, displaying the complexity of the Sahara territorial dispute ]] As a Muslim and Arabic speaking nation, Morocco has been a continuous member of the Arab League of Nations since 1958.<ref>{{Cite web|url=http://www.leagueofarabstates.net/en/aboutlas/Pages/CountryDataDetails.aspx?RID=18|title=Member States: Kingdom of Morocco|website=League of Arab States}}</ref> Beyond strengthening relations amongst Arab States, the League's mission centers around respect for national independence and sovereignty.<ref>{{Cite web|url=https://www.refworld.org/legal/constinstr/las/1945/en/13854|title=Charter of Arab League|date=March 22, 1945|website=refworld}}</ref> The Kingdom's membership in the organization is consistent with the preamble of the Moroccan Constitution which seeks to "deepen the bonds of togetherness with the Arab and Islamist Ummah, and to reinforce the bonds of fraternity and of solidarity with its brother peoples"<ref name=":1" /> (Fellow Muslims frequently refer to each other as brothers.) The League was established upon a minimal Charter, ratified by Morocco, which aims to facilitate communication, economic and cultural exchange amongst member States.<ref>{{Cite web|url=http://www.leagueofarabstates.net/en/aboutlas/Documents/The%20Charter%20of%20the%20League%20of%20Arab%20States.pdf|title=The Charter of the League of Arab States|date=March 22, 1945|website=League of Arab States}}</ref> In 2008, the Arab Charter on Human Rights which placed greater emphasis on individual rights and liberties, came into force but was not ratified by Morocco and many other members of the Arab League.<ref>{{Cite web|url=https://carnegieendowment.org/sada/2009/10/the-arab-charter-on-human-rights|title=The Arab Charter on Human Rights|last=Rishmawi|first=Mervat|date=October 6, 2009|website=Carnegie Endowment}}</ref> Moroccan law is thus not constrained by the Arab Charter on Human Rights. An Arab Court of Human Rights has been a longstanding project of the Arab League which has yet to materialize.<ref>{{Cite web|url=https://link.springer.com/article/10.1007/s40802-021-00202-w|title=The Failure of the Arab Court of Human Rights and the Conflicting Logics of Legitimacy, Sovereignty, Orientalism and Cultural Relativism|last=Almutawa|first=Ahmed|date=January 12, 2022|website=Springer Nature}}</ref> This makes the enforcement of the Human Rights Charter particularly challenging even for its ratifying states. Morocco has expressed interest in joining the European Union on the basis of mutually beneficial trade and migration advantages.<ref>{{Cite web|url=https://www.eeas.europa.eu/morocco/european-union-and-morocco_en?s=204|title=The European Union and Morocco|date=January 28, 2026|website=eeas.europa.eu}}</ref> This interest never culminated in a formal application and has proved quite unpopular amongst existing EU member states. <ref>{{Cite web|url=https://www.ispionline.it/en/publication/morocco-eu-relations-navigating-sovereignty-concerns-and-growing-interdependence-181487|title=Morocco-EU Relations: Navigating Sovereignty Concerns and Growing Interdependence|date=July 23, 2024|website=Italian Institute for International Political Studies}}</ref> Morocco is therefore not bound by any European regional frameworks as of the time being. The European Union has in an unexpected turn of events adopted a complete territorial map of Morocco from Tangier to La Guera, including the Sahara, as part of the EU's most recent annual investment report.<ref>{{Cite web|url=https://barlamantoday.com/2026/03/04/eu-policy-shift-recognizes-moroccos-sovereignty-over-sahara/|title=EU Policy Shift Recognizes Morocco’s Sovereignty Over Sahara|last=Elghoubachi|first=Amina|date=March 4, 2026|website=Barlaman Today}}</ref> As an important source of tension between the two regions comes to a resolution, this could point to a concretization of EU-Moroccan relations and perhaps the increased adoption of European standards within Moroccan communications law in the long run. === International Legal Framework === Like its regional human rights commitments, the preamble of Morocco's Constitution also recognizes its membership within international organizations and its subscription "to the principles, rights and obligations enounced in their respective charters and conventions; [and] affirms its attachment to the Rights of Man such as they are universally recognized, as well as its will to continue to work to preserve peace and security in the world."<ref name=":1" /> Most notably, Morocco is a signatory without reservations of the International Covenant on Civil and Political Rights (ICCPR),<ref>{{Cite web|url=https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR|title=Ratification Status for CCPR - International Covenant on Civil and Political Rights|website=United Nations Human Rights Treaty Bodies}}</ref> as well as the International Covenant on Economic, Social and Cultural Rights (ICESCR).<ref>{{Cite web|url=https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CESCR|title=Ratification Status for CESCR - International Covenant on Economic, Social and Cultural Rights|website=United Nations Human Rights Treaty Bodies}}</ref> Articles of the ICCPR highlight freedom of thought, freedom of expression, freedom of opinion, the right of peaceful assembly, and the freedom to seek, receive and impart information.<ref name=":7">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights|title=International Covenant on Civil and Political Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref> The ICESCR recognizes the right to enjoy culture life and to the conservation, development and diffusion of culture, as well as the right to enjoy and partake in scientific, literary and artistic production.<ref>{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights|title=International Covenant on Economic, Social and Cultural Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref> These rights and freedoms are almost unanimously found in the Moroccan Constitution as discussed above. However, the Moroccan framework adds a layer of constraint when compared to these international treaties and limits the exercise of the said rights to the caveat of the law. Having ratified the ICCPR, Morocco is subject to the periodic review of the Human Rights Committee and its resulting recommendations per Article 28 of the ICCPR.<ref name=":7" /> The Committee's sixth periodic report of Morocco noted the following: "The Committee welcomes the adoption of the new Press Code in 2016, under which press-related offences are no longer subject to custodial penalties. It is concerned, however, about the concurrent introduction of new provisions in the Criminal Code that establish terms of imprisonment as penalties for acts perceived as being offensive to Islam or the monarchy or as posing a threat to the country’s territorial integrity.<ref>{{Cite web|url=https://docs.un.org/en/CCPR/C/MAR/CO/6|title=Concluding observations on the sixth periodic report of Morocco|date=December 16, 2016|website=United Nations}}</ref>" The Committee further recommended the immediate revision of the Penal Code to ensure alignment with Article 19 of the ICCPR.<ref>''Id''.</ref> This has yet to be done since the report was issued in 2016 and unlikely to see fruition, especially as it pertains to the three themes highlighted by the Committee. == Principles of Communication Law & the Media == Morocco presents a revealing illustration of the tensions which can arise between the many moving parts of communications law. Through its contemporary media framework, its recent constitutional and statutory reforms, and its membership in regional and international human rights organizations, the Kingdom is pursuing its constitutional mission of "consolidation and . . . reinforcement of the institutions of the modern State [based on] the principles of participation, of pluralism and of good governance," championing "security, liberty, equality of opportunities, [and] respect for . . . dignity and social justice."<ref name=":1" /> Against this backdrop however, informal structures and practices stand guard to the nature of messages a sender may successfully transmit to the public. Article 27 of the Constitution guarantees Moroccans the right to access information relevant to the public good, but qualifies this principle by enclosing it within the law and "the objective of assuring the protection of all which concerns national defense, the internal and external security of the State, and the private life of persons."<ref name=":1" /> The recipient has a protected right to receive unfiltered messages so long as the government does not deem the sender to threaten national security by promoting blasphemy, a potential coup against the regime, or the narrative of the Polisario Front – the official representative of the Sahrawi people, demanding the Western Sahara's independence from the Moroccan mainland. Moroccan society is thus to be informed, but within defined limits. The media in Morocco, and more specifically television channels, provide an illuminating case study of this communications model. [[File:2M TV logo.svg|thumb|The most watched Moroccan TV channel, a state owned broadcaster ]] === TV Channels & State Control === The media, in its different forms, is by a landslide the Moroccan public's main source of information. The average Moroccan devotes close to 6 hours per day to media consumption, of which about half is spent watching television.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/04/190545/moroccans-clock-nearly-6-hours-daily-on-media-consumption/|title=Moroccans Clock Nearly 6 Hours Daily on Media Consumption|last=Faouzi|first=Adil|date=April 16, 2025|website=Morocco World News}}</ref> Moroccans did not follow in the international phenomenon of streaming services and continue to favor national TV channels for news and entertainment, with 72% of viewers watching at least one Moroccan channel everyday.<ref>''Id''. </ref> These numbers would be an endearing show of national unity were it not for the state's significant involvement in the channels' management and the material they broadcast. Though the 2004 Audiovisual Communication Law put a formal end to state monopoly over TV broadcasting as discussed above, this act was more symbolic than truly reformative in practice and the Moroccan TV sector remains directly or indirectly state-owned today.<ref>{{Cite web|url=https://maroc.mom-gmr.org/en/media/tv/|title=Media Ownership Monitor: Television|date=2017|website=Le Desk}}</ref> Indeed, all nine domestic free-to-air Moroccan channels are majoritarily controlled by the Société Nationale de Radiodiffusion et de Télévision (SNRT) (2M, Al Aoula, Laayoune TV, Arryadia, Athaqafia, Al Maghribia, Assadissa, Aflam TV, Medi 1 TV).<ref name=":8">{{Cite web|url=https://www.mom-gmr.org/en/countries/morocco/|title=Media Ownership Monitor: Morocco|website=Global Media Registry}}</ref> As of 2025, SNRT acquired all stakes in 2M and Medi 1 TV and became their sole owner which is particular cause for concern when noting that 2M is the most watched channel in the country.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/01/166177/snrt-to-acquire-full-control-of-2m-medi1-tv-and-radio-within-two-months/|title=SNRT to Acquire Full Control of 2M, Medi1 TV and Radio Within Two Months|last=Faouzi|first=Adil|date=January 7, 2025|website=Morocco World News}}</ref> SNRT is wholly owned by the Moroccan government and falls under the Ministry of Youth, Culture and Communication as law 77-03 designed.<ref>{{Cite web|url=https://statemediamonitor.com/2025/07/societe-nationale-de-radiodiffusion-et-de-television-snrt/|title=Société nationale de radiodiffusion et de télévision (SNRT)|date=July 19, 2025|website=State Media Monitor}}</ref> SNRT's operating budget in 2019 was of approximately $181 million, two thirds of which was directly state subsidized.<ref>''Id''. </ref> This state presence translates directly to editorial policy and decision-making, and SNRT is widely regarded to be "a mouthpiece of the government, avoiding criticism of state authorities or controversial political actors."<ref>''Id''. </ref> As recently as 2025, HACA received several complaints that the government unfairly used advertising segments on 2M to the advantage ruling majority by diffusing promotional material ahead of the 2026 parliamentary elections.<ref>{{Cite web|url=https://en.hespress.com/106539-opposition-parties-file-complaints-against-government-promotional-video-on-public-tv.html?|title=Opposition parties file complaints against Government promotional video on public TV|date=March 25, 2025|website=Hespress English}}</ref> Opposition party members criticized the advertisement as exploitative of national symbols for "covert electoral propaganda."<ref>''Id''.</ref> While HACA as an independent regulatory body should have followed through on these allegations, no investigation or findings were made public to this day.<ref>{{Cite web|url=https://en.yabiladi.com/articles/details/166569/2m-s-world-segment-political-advertising|title=2M’s World Cup segment not political advertising, says Morocco’s audiovisual authority|last=Zine|first=Ghita|date=May 5, 2025|website=Yabiladi}}</ref> Not only was the public exposed to potentially dishonest, prohibited content but no real regulation of the message itself or the intent of the sender subsequently took place despite grounded objections. Both audience concentration across very few channels as well as media ownership concentration by the state in Morocco present a threat to the constitutionally protected rights of access to information and pluralism of ideas. The royal family and government ministers are ostensibly in position to control the media narrative to preserve the national status quo without consequence from established law and regulatory bodies.<ref name=":8" /> The proper legal framework to combat this exists but the gap between text and practice dilutes the message before it ever reaches the recipient. The informal structures and culture of self-censorship which exist within this gap, represent "a disturbing tendency for a cartel with common interests to form at the intersection of the political and business worlds, a cartel that is undermining pluralism and therefore media independence.”<ref>''Id.''</ref> == Censorship & Violent Content == In the age of 9/11 and the Arab Spring lighting through the Middle East and North Africa like wildfire, Morocco found itself in the eye of the storm and responded as such. Whether this response was proportionate to the perceived threat, and whether the state leveraged this new era of legislation to its advantage is to be explored below. Moroccan communications law, like that of many other states facing a non-state actor threat, grapples with the fine line of adequately informing the public – as is constitutionally required –without amplifying terrorist propaganda or further compromising national security. Article 23 of the Moroccan Constitution sets out that "all incitement to racism, to hatred and to violence is prohibited,"<ref name=":1" /> which, unlike other constitutional rights and freedoms, is a standalone clause and not subsequently qualified by its consistency with the law. It is to be noted that this sort of strict prohibition is a rare occurrence within the Constitution and highlights the intolerance of the Moroccan state towards racial discrimination, hatred and acts of violence. Sitting on the other balancing scale is Article 28 of the Constitution which stipulates that "the freedom of the press is guaranteed and may not be limited by any form of prior censure . . . within the sole limits expressly provided by the law, information, ideas and opinions."<ref name=":1" /> The constitutional prohibition on hatred and violence seems absolute at least textually, whereas the press may be subject to censorship where the law intervenes to diffuse national and public unrest. Hatred and violence are broad terms which can be construed under a myriad of interpretations and open to manipulation if left undefined as is the case in the Moroccan Constitution. The Press Code of 2016 does not much more narrowly conceptualize these terms but it does provide some guidance as to their scope in practice. Article 37 of the Code expressly permits journalistic censorship in cases of: * Direct incitation to homicide, terrorism, theft, or destruction; * Justification of war crimes, crimes against humanity, crimes of genocide or crimes of terrorism; * Direct incitation to hatred, racial discrimination or incitation to harm minors.<ref>{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/16975|title=Law No. 88-13 on the Press and Publishing (promulgated by Dahir No. 1-16-122 of 6 Kaada 1437|date=August 10, 2016|website=Wipolex}}</ref> === Anti-Terrorism === [[File:Marrakech Bombing Site Late in the Day.jpg|thumb|380x380px|Scene of the aftermath of the Marrakech bombing in tourist hotspot]] Terrorist attacks in two of Morocco's most densely populated cities – Casablanca and Marrakech – marked the country and shaped the advent of stringent counter-terrorism legislation. A restaurant, social club, and foreign consulate were targeted by suicide bombers in Casablanca in 2003, causing dozens of deaths and hundreds of injured.<ref>{{Cite web|url=https://www.cnn.com/2003/WORLD/africa/05/16/morocco.blasts/|title=Bombs kill at least 20 in downtown Casablanca|date=May 19, 2003|website=CNN}}</ref> Less than a decade later in 2011, the Argana Café in Marrakech's famous Jamaa El Fnaa square was bombed, costing the life of at least 16 people and shaking the nation to its core.<ref>{{Cite web|url=https://www.nytimes.com/2011/04/30/world/africa/30morocco.html|title=Bombs kill at least 20 in downtown Casablanca|last=Mekhennet|first=Souad|date=April 29, 2011|website=New York Times}}</ref> Anti-terrorism legislation passed less than 10 days after the Casablanca attacks, while the Marrakech bombing coincides with the year that the Moroccan Constitution was amended.<ref>{{Cite web|url=https://www.hrw.org/news/2011/04/29/morocco-marrakesh-bombing-abhorrent|title=Morocco: Marrakesh Bombing Abhorrent|date=April 29, 2011|website=Human Rights Watch}}</ref> Article 218 of the Penal Code, passed through Law 03.03, runs through 6 pages dedicated to a comprehensive anti-terrorism framework.<ref name=":14">{{Cite web|url=https://www.unodc.org/cld/document/mar/1962/code_penal_version_consolidee_du_2014.html?|title=Code Penal|date=March 20, 2014|website=United Nations Office on Drugs and Crime}}</ref> The Code prescribes prison terms of up to 10 years, paired with fines of up to $500.000 for anyone found guilty of committing or inciting to commit acts of terrorism through offline or online speech.<ref>''Id''.</ref> On account of this law, Morocco cracked down on more than 2,000 terrorist operations since 2003, including physical and virtual threats.<ref>{{Cite web|url=https://www.visionofhumanity.org/moroccos-counterterrorism-evolution/|title=Morocco’s Counterterrorism Evolution|last=May 30, 2022|website=Vision of Humanity}}</ref> The broad terms of the counterterrorism law however, begs the question of whether any wrongful arrests are executed under its authority. ==== Representative Cases ==== Journalists and media outlets have a responsibility to effectively inform the public of potential terrorism risk while simultaneously avoiding to assist terrorists in their divisive political agenda.<ref>{{Cite web|url=https://www.unesco.org/en/articles/terrorism-and-media-handbook-journalists|title=Terrorism and the Media: A Handbook for Journalists|date=March 27, 2017|website=UNESCO}}</ref> This subtle distinction between reporting on terrorist activity and disseminating it has led to a repeating occurrence of censorship and unjust arrests of Moroccan journalists, widely criticized by human rights organizations and NGOs.<ref>{{Cite web|url=https://www.hrw.org/news/2014/02/19/dispatches-now-free-moroccan-journalist-still-faces-terrorism-charges|title=Dispatches: Now Free, Moroccan Journalist Still Faces Terrorism Charges|last=Goldstein|first=Eric|date=February 19, 2014|website=Human Rights Watch}}</ref> Ali Anouzla, editor of an online newspaper, was convicted on terrorism charges in 2013.<ref name=":9">{{Cite web|url=https://www.aljazeera.com/features/2013/9/25/morocco-journalist-accused-of-terrorism|title=Morocco journalist accused of ‘terrorism’|last=Alami|first=Aida|date=September 25, 2013|website=Al Jazeera}}</ref> He wrote and published an article on Al-Qaeda's presence in North Africa, accompanied by a link to another newspaper showing a video made by the terrorist group.<ref name=":10">{{Cite web|url=https://rsf.org/en/drop-all-charges-against-moroccan-journalist-ali-anouzla-let-him-go-free-once-and-all|title=Drop All Charges Against Moroccan Journalist Ali Anouzla – Let Him Go Free, Once and For All|date=January 21, 2016|website=Reporters Without Borders}}</ref> Anouzla was accused of "material assistance" to a terrorist organization, "defending terrorism" and "inciting the execution of terrorist acts" under the Penal Code's Article 218.<ref>''Id''. </ref> Just a few months prior to his conviction, Anouzla had covered a story about a Spanish pedophile sentenced to 30 years in prison in Morocco who was then pardoned by the King.<ref name=":9" /> The article caused widespread outrage and led to the reversal of the King's decision and the reimprisonment of the criminal – a case without precedent in Morocco.<ref>''Id''. </ref> Anouzla "knew the time for retribution would come."<ref>''Id''.</ref> Anouzla's Al Qaeda article showed undeniable objectivity and was similarly phrased to many other publications on the same topic which gives his defense of deliberate targeting and censorship serious legitimacy.<ref name=":10" /> Human Rights Watch commented the following on Anazoula's case: “Authorities have conflated reporting and inciting. Jailing the messenger won’t make extremists go away, but it will intimidate other journalists who report on them.”<ref name=":9" /> During the same year as Anouzla's conviction, Mustapha El Hasnaoui, was arrested on the basis of terrorism related charges under the Penal Code. El Hasnaoui, in his capacity as a journalist, had been in contact with individuals from Syria who were opposed to their then sitting government.<ref>{{Cite web|url=https://www.amnesty.org/en/latest/press-release/2014/05/morocco-stop-using-terrorism-pretext-imprison-journalists/|title=Morocco: Stop using ‘terrorism’ as a pretext to imprison journalists|date=May 20, 2014|website=Amnesty International}}</ref> El Hasnaoui refused to denounce them to the state as suspected terrorists for lack of information.<ref>''Id''.</ref> El Hasnaoui had previously rejected multiple offers from the government to join Morocco's intelligence services and contends that his wrongful arrest and unfair trial was direct retaliation against his desire to remain independent.<ref>''Id''.</ref> As a result of these politically charged arrests, the Moroccan communications regime is under fire for using terrorism as a pretext to censor and wrongfully imprison journalists. There exists a clear discrepancy between the Penal Code and the Press Code, the latter which should be the first point of reference when scrutinizing journalistic material regardless of its nature. Press coverage of terrorist activity in Morocco is criminalized almost de facto and worse yet, relied upon for censorship in furtherance of pre-existing political motives. == Truth, Honor & Tolerance == [[File:Sunshine on mosque Hassan II in Casablanca, Morocco - Flickr - Milamber's portfolio.jpg|thumb|350x350px|Sunrise on the Hasan II Mosque, the third largest mosque in Africa]] As established above, Islam is the official religion of the Moroccan Kingdom. The King is referred to in the Moroccan Constitution as the "Commander of the Faithful [who] sees to the respect for Islam," but is also "the Guarantor of the free exercise of beliefs."<ref name=":1" /> Moroccan jurisprudence is not sharia-centered (Islamic law) contrary to what many may reasonably assume, but Islamic principles nonetheless influence several areas of Moroccan law and its practical enforcement – especially personal status and family law.<ref>{{Cite web|url=https://campaignforjustice.musawah.org/repository/morocco/|title=Global Repository of Muslim Family Laws|last=Bouzghaia|first=Ilyass|website=Musawah for Equality in the Family}}</ref> These same principles have shaped society's understanding of honor, truth and their respective parameters.<ref name=":11" /> The prevalence of Islamic tones within the fabric of the Moroccan social and legal order is not met with much pushback or construed as intolerant, considering that 99% of Moroccans are Muslim and have been for centuries.<ref>{{Cite web|url=https://www.worldatlas.com/articles/religious-beliefs-in-morocco.html|title=Religious Beliefs In Morocco|last=Sawe|first=Benjamin Elisha|date=April 25, 2017|website=World Atlas}}</ref> The relationship of Islam to the modern Moroccan state is characterized by "the values of openness, of moderation, of tolerance, and of dialog for mutual understanding between all the cultures and the civilizations of the world;"<ref name=":1" /> yet, hate speech is layered with Islamic customary law and blasphemy remains one of the three red line subjects around which communication is frequently censored and sanctioned. Though the government, including the King in a 2022 public address,<ref>{{Cite web|url=https://en.hespress.com/46655-king-mohammed-vi-calls-for-gender-equality-reforms-during-throne-day-speech.html|title=King Mohammed VI calls for family code reform during Throne Day speech|date=July 30, 2022|website=Hespress English}}</ref> continues to manifest a national intention to further separate church and state, sharia-based Penal Code provisions are drawn on by authorities to advance political objectives more often than to punish unislamic conduct. === Hate Speech & Religious Intolerance === ==== Extramarital Relationships ==== Extramarital relations or adultery are not only prohibited by Islamic law but also criminalized by Articles 490 and 491 of the Moroccan Penal Code.<ref name=":14" /> The Code indeed attaches up to two years of prison time to individuals stepping out of an existing marriage or engaging in pre-marital relations.<ref>''Id''.</ref> This norm is deeply engrained within Moroccan society's notion of honor, and was further reinforced by French colonial institutionalization of Christian morality and values within the Penal Code.<ref>{{Cite web|url=https://www.ohchr.org/sites/default/files/documents/cfi-subm/2308/subm-colonialism-sexual-orientation-oth-ourkiya.pdf|title=Gender and Sexual Orientation in Postcolonial Morocco: An overview|last=Ourkiya|first=Asmae|website=OHCHR}}</ref> Moroccan authorities however, have grown increasingly tolerant of extramarital relationships in recent decades and very sporadically enforce the applicable portion of the Code, though it was never formally amended.<ref>{{Cite web|url=https://medium.com/@emmadavis/behind-closed-doors-f0cbc7d42a99|title=Behind Closed Doors|last=Davis|first=Emma|date=August 25, 2015|website=Medium}}</ref> In fact, the Justice Minister put an end to the long established practice of requiring couples at hotels to present a marriage certificate before booking a room in 2023.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2024/05/19102/moroccans-divided-over-lifted-ban-on-marriage-certificate-requirement-in-hotels/|title=Moroccans Divided Over Lifted Ban on Marriage Certificate Requirement in Hotels|last=Zouiten|first=Sara|date=May 27, 2024|website=Morocco World News}}</ref> Dating publicly carved its place in Moroccan society and turning a blind eye to the implications of this new reality serves the greater good by preserving law enforcement resources, and better aligning with the ICCPR's right to privacy.<ref>{{Cite web|url=https://www.hrw.org/news/2019/12/04/morocco-landmark-proposals-individual-freedoms|title=Morocco: Landmark Proposals on Individual Freedoms|date=December 4, 2019|website=Human Rights Watch}}</ref> Moroccan authorities do not always choose to display tolerance for extramarital relationships however, and use the Penal Code as a fallback to control and censor communication. Hicham Mansouri, a Moroccan journalist who had been working on a piece about electronic state surveillance, was arrested for adultery along with his partner and sentenced to 10 months in prison in 2015.<ref>{{Cite web|url=https://gijn.org/stories/the-moroccan-journalist-who-fled-his-country/|title=The Moroccan Journalist Who Fled His Country|last=Fournier|first=Gaelle|date=July 22, 2019|website=Global Investigative Journalism Network}}</ref> Mansouri believes to have been targeted and wrongfully arrested to suppress his findings on the government and prevent their public dissemination.<ref>''Id''.</ref> The lack of consistency in the government's tolerance of extramarital relationships and the arbitrary convictions which result should ring the alarm for the need to reform the relevant sections of the Penal Code and remove backup routes to censorship disguised as religious and legal morality. ==== Blasphemy ==== Article 267 of the Penal Code works hand in hand with Article 70 of the Press Code to prohibit and criminalize blasphemous speech.<ref name=":12" /><ref name=":13" /> Blasphemy is sanctioned by the Penal Code by up to 2 years of prison time and $22,000 in fines.<ref name=":13" /> The crime is broadly construed as speech which offends or is aimed at causing harm to Islam.<ref name=":15">{{Cite web|url=https://www.hrw.org/news/2025/09/11/morocco-exonerate-release-activist-sentenced-for-blasphemy|title=Morocco: Exonerate, Release Activist Sentenced for Blasphemy|date=September 11, 2025|website=Human Rights Watch}}</ref> As a piece of the three untouchable subjects in Morocco, blasphemous speech is considered to be one of the worst forms of hate speech and is not tolerated in any way or under any context, unlike other sharia-based offenses.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2015/04/119734/morocco-toughens-law-against-blasphemy-sexual-harassment/#google_vignette|title=Morocco Toughens Law Against Blasphemy, Sexual Harassment|last=Arbaoui|first=Larbi|date=April 2, 2015|website=Morocco World News}}</ref> Though the Moroccan Constitution promotes pluralism of ideas and respect of all religions, speech mocking or discrediting Islam is a hard boundary.<ref name=":1" /> A human rights activist, Ibtissame Lachgar, was arrested and sentenced to 30 months in prison on blasphemy charges in addition to incurring a fine of $5,500 in 2025.<ref name=":15" /> Lachgar posted a picture of herself on social media wearing a shirt with the slogan "Allah is a lesbian" printed on it.<ref>''Id''.</ref> While the Moroccan communications regime approach to blasphemy may be regarded as extreme relative to international standards, it is at least consistent and predictable and does not seem to be leveraged as a way to accomplish covert political goals. == Cultural and Religious Expressions == Morocco represents the confessional state par excellence. The established religion of the Kingdom and its interaction with Morocco's communications law regime has become a pervasive theme across this project but deserves to be zoomed on further as it manifests through religious and cultural festivals, and as it creates space for wider religious tolerance and secularism in parallel. Islam was introduced to Western North Africa in the early eighth century and rapidly meshed in with pre-existing traditions though the two customs were vastly divergent, if not outright contradictory.<ref>{{Cite web|url=https://www.jstor.org/stable/1385007?casa_token=hafVZv9XaPkAAAAA%3AhPyKoUQ48sajpl_Rn6IMQ6LuXwCDSdF0abnhsloC4_wh9LnI8R6zTVQ0vHvFrozoBtn2wxZWdQZWfRYl7B4wOPqbPSA2-zFmb47OjNdZRM1kxzO2TpWQ&seq=1|title=Islam and Society-Formation in Morocco Past and Present|last=Hagopian|first=Elaine|date=1963|website=Jstor}}</ref> This unique intertwining of culture and spirituality is relatively absent in other confessional Muslim states across the Middle East and thus coined as "Moroccan Islam."<ref>''Id''.</ref><ref>{{Cite web|url=https://www.researchgate.net/publication/385062930_Morocco's_Distinctive_Islam_at_a_Crossroads_The_State's_Support_for_Sufism|title=Morocco’s Distinctive Islam at a Crossroads: The State’s Support for Sufism|last=Faitour|first=Mouad|date=2024|website=Multidisciplinary Digital Publishing Institute (MDPI)}}</ref> It is distinguished by its centrality on "strict adherence to the Maliki madhhab [Islamic school of thought], the veneration of the Prophet [pbuh] and the glorification of popularly acclaimed saints," as well as the legitimization of the royal family by virtue of its claimed holy lineage.<ref>{{Cite web|url=https://api.taylorfrancis.com/content/books/mono/download?identifierName=doi&identifierValue=10.4324/9780429293122&type=googlepdf|title=The Power of Islam in Morocco: Historical and Anthropological Perspectives|last=El Mansour|first=Mohamed|date=2020|website=Taylor & Francis Group}}</ref> This religious amalgam is so emblematic of the Moroccan social makeup that it is acknowledged in the preamble of the Constitution which attributes it to "the convergence of its Arab Islamist, Berber [amazighe] and Saharan-Hassanic [saharo-hassanie] components, nourished and enriched by its African, Andalusian, Hebraic and Mediterranean influences."<ref name=":16">{{Cite web|url=https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en|title=Morocco's Constitution of 2011|date=2012|website=Constitute Project}}</ref> Morocco's national cultural heritage laws and institutions as well as its commitment to international conventions insulate the right to organize and participate in feasts and festivals, though it remains unenumerated in the law.<ref>{{Cite web|url=https://whc.unesco.org/en/statesparties/ma|title=Morocco|website=UNESCO}}</ref><ref name=":02">{{Cite web|url=https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1043&context=jetlaw|title=The Right to Feast and Festivals|last=Riofrio|first=Juan C.|date=2021|website=HeinOnline|publisher=Vanderbilt Journal of Entertainment and Technology Law}}</ref> While continued religious adherence to a singular faith is palpable in Morocco through its mosques at every street corner, its resounding calls to prayer, and its legal system's clear Islamic influences, cultural – and even un-Islamic –traditions plainly co-exist within this landscape.<ref>{{Cite web|url=https://www.proquest.com/openview/d67085942480c47d50b89b670f3e51e8/1?pq-origsite=gscholar&cbl=5455932|title=Moroccan Culture and Religion in the 21st Century|last=Mbarek|first=Oukhouya Ali|date=Dec 2024|website=ProQuest|publisher=African Journal of Religion, Philosophy and Culture (AJRPC)}}</ref> Secularism and religious pluralism are moreover tolerated and accommodated as evidenced by the thousands of active churches and synagogues throughout the country or the Christmas trees and nativity scenes which rise across public spaces during the holidays of minority faiths.<ref>{{Cite web|url=https://www.worldjewishcongress.org/en/about/communities/MA|title=Morocco|website=World Jewish Congress}}</ref> Though imperfect in its neutrality and separation, Morocco presents a successful case study of the application of the principles of secularity and cooperation in a confessional state where festivals and feasts are treated as an informal right rooted in customary law. === The Co-Existence of Culture and Religion Through Festivals === ==== Eid Al-Adha ==== Major Islamic holidays are loudly celebrated by the state and the general public alike in Morocco, as is characteristic of the typical confessional state. The most festive of these holidays is Eid Al-Adha, or the Feast of Sacrifice, which involves the slaughter of a sheep in commemoration of Prophet Abraham's willingness to sacrifice his only son for the sake of God.<ref name=":22">{{Cite web|url=https://dn711206.ca.archive.org/0/items/TheFiqhOfEidAlAdha/TheFiqhOfEidAlAdha.pdf|title=The Fiqh of Eid Al-Adha|website=Archive.org}}</ref> Royal decree No. 2.05.916 of 2005 renders Eid Al-Adha a national religious holiday to be announced yearly by the head of government, and regulates working days and hours to allow for celebration and observance of the religious rituals associated with this holiday.<ref>{{Cite web|url=https://www.cg.gov.ma/en/node/12377|title=Exceptional Holiday on the Occasion of Eid al-Adha|date=May 30, 2025|website=Kingdom of Morocco Head of Government|archive-date=}}</ref> Up to three working days are declared public holidays for the occasion of Eid Al-Adha alone and employers who violate this mandate –regardless of their own or their employees confessional adherence – are subject to legal liability under the Moroccan Labour Code's Article 217.<ref>{{Cite web|url=https://www.mmsp.gov.ma/fr/nos-metiers/horaires-de-travail-et-jours-f%C3%A9ri%C3%A9s?|title=Horaires de travail et jours fériés|website=Ministère de la Transition Numérique et de la Réforme de l'Administration}}</ref><ref>{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/7371|title=Loi n° 99-65 relative au Code du Travail (promulguée par Dahir n° 1-03-194|date=September 11, 2003|website=WIPO}}</ref> Though Eid Al-Adha can represent a temporary economic slowdown, it is valued by the state as not only a primordial religious duty but a tool of national cohesion and a means of honoring the state's commitment to freedom of religion and cultural participation rights under the UDHR, the ICCPR, the ICESCR as well as the African Charter.<ref name=":32">{{Cite web|url=https://books.google.com/books?hl=en&lr=&id=r92qEQAAQBAJ&oi=fnd&pg=PT9&dq=eid+el+adha+morocco&ots=g308Ob2CLU&sig=OgskrYQvBHT_KCU7i8WxMs35No0#v=onepage&q=eid%20el%20adha%20morocco&f=false|title=Morocco - Culture Smart!: The Essential Guide to Customs & Culture|last=York|first=Jillian C.|website=Google Books}}</ref><ref name=":72">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights|title=International Covenant on Civil and Political Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref><ref name=":42">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights|title=International Covenant on Economic, Social and Cultural Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref><ref>{{Cite web|url=https://www.african-court.org/wpafc/wp-content/uploads/2020/04/AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS.pdf|title=AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS|website=African-Court}}</ref><ref name=":17">{{Cite web|url=https://www.un.org/en/about-us/universal-declaration-of-human-rights|title=Universal Declaration of Human Rights|website=United Nations}}</ref> The observance of this holiday and the days of rest consecrated to its celebration are treated as an unspoken right of Moroccan citizens and residents, and end in and of itself.<ref name=":02" /> King Mohammed VI described the importance of the celebration of Eid Al-Adha as follows: "The celebration of this feast is not a fleeting occasion; rather, it carries strong religious meanings, reflecting the deep connection of My faithful subjects with the various aspects of our Sacred religion and their will to draw closer to the Almighty and to strengthen social and family ties through this revered occasion."<ref>{{Cite web|url=https://www.cg.gov.ma/en/node/12213?utm_source=chatgpt.com|title=HM the King, Commander of the Faithful, Sends Message to His Faithful People Regarding Abstention from Performing Eid Sacrifice Ritual|date=February 26, 2025|website=Head of Government}}</ref>[[File:Bwjlwd.jpg|left|thumb|400x400px|Boujloud Festival celebrated in the city of Agadir in 2020 Captured by Imad Bennaceur]]Eid customs in Morocco satisfy all four elements of the feast and are as such protected by the Moroccan government which itself actively participates in the festival.<ref name=":02" /> Muslims beyond Morocco partake in Eid Al-Adha primarily because it is mentioned in the Quran and is a 'sunnah,' or a practice of the Prophet Muhammad (pbuh);<ref name=":22" /> but in Morocco specifically, where poverty and food diversification remains a challenge, Eid Al-Adha represents some Moroccans' main yearly source of meat and thus another reason to celebrate.<ref>{{Cite web|url=https://www.worldbank.org/en/country/morocco/publication/poverty-in-morocco-challenges-and-opportunities|title=Poverty in Morocco: Challenges and Opportunities|date=April 9, 2018|website=World Bank Group}}</ref> Indeed, the Statistics and Forecasts Office reports that Eid Al-Adha sheep amount to 41% of the yearly meat expense for the poorest 10% of Moroccan households.<ref>{{Cite web|url=https://barlamantoday.com/2024/06/11/moroccan-household-meat-consumption-increases-during-feast-of-sacrifice-hcp/|title=Moroccan Household Meat Consumption Increases during Feast of Sacrifice, HCP|last=Essassi|first=Donya|date=June 11, 2024|website=Barlaman Today}}</ref> Eid celebrations commence with believers wearing their finest clothing to congregate by the thousands for morning Eid prayer.<ref name=":52">{{Cite web|url=https://www.moroccoworldnews.com/2024/06/18353/eid-al-adha-in-morocco-a-celebration-of-faith-and-tradition/|title=Eid Al Adha in Morocco: A Celebration of Faith and Tradition|last=Daoudi|first=Asmae|date=June 17, 2024|website=Morocco World News}}</ref> The King, or Commander of the Faithful, is broadcasted on national television every year as he and his family attend Eid prayer and later observe the sacrificial ritual.<ref>{{Cite web|url=https://en.hespress.com/112674-video-king-mohammed-vi-performs-eid-al-adha-prayer-in-tetouan.html|title=Video: King Mohammed VI performs Eid Al Adha prayer in Tetouan|date=June 7, 2025|website=Hespress English}}</ref><ref>{{Cite web|url=https://www.youtube.com/watch?v=qKn6q-LbmDg|title=Roi Mohammed VI Aïd Al-Adha la mosquée Hassan II de (Tétouan)|date=June 7, 2025|website=Youtube}}</ref> As the head of state, this public airing of the King's personal practice is a symbolic reaffirmation of the state's creedal identity. Families across the country simultaneously reunite to go through the steps of the religious sacrifice together, cook and eat meals specifically dedicated to Eid Al-Adha using the sacrificed animal(s)'s meat, and spend the rest of the day rejoicing and celebrating at the sound of both traditional music and religious chants.<ref name=":52" /> Leftover meat is traditionally frozen and given to charity or used by families for up to months after the celebration of Eid Al-Adha.<ref>''Id''.</ref> ==== The Boujloud Festival ==== [[File:Boujloud.jpg|thumb|350x350px|Close-Up of Boujloud costumes Captured by Hassan Ahachi]] "Morocco is a land of vivid contrasts"<ref name=":32" /> and Eid Al-Adha is by that token not celebrated in isolation. The Boujloud festival quickly emerges in the days following Eid Al-Adha, primarily in the Southern regions of Morocco including Agadir and the Souss Valley.<ref name=":52" /> Boujloud translates to "the father of skins" and evokes airs of halloween or the day of the dead whereby young men clothe themselves in sheep skin and paint their faces to march through the streets accompanied by music, dance and laughter.<ref>''Id''.</ref> While the theme of the sheep may suggest an extension of Eid Al-Adha celebrations Boujloud, like Halloween, has pre-islamic pagan roots.<ref>{{Cite web|url=https://medium.com/@benznanamohamed/the-boujloud-carnival-moroccos-intriguing-mosaic-of-tradition-rebellion-and-revelry-b0437e5844af|title=The Boujloud Carnival: Morocco’s Intriguing Mosaic of Tradition, Rebellion, and Revelry|last=Benznana|first=Mohamed|date=July 8, 2023|website=Medium}}</ref> The festival originates in Berber or Amazigh tradition as well as Christian and Jewish folklore, and represents the eternal punishment of a man turned animal after offending the sanctity of a holy place.<ref>''Id''.</ref><ref>{{Cite web|url=https://moroccotomorrow.org/the-jajouka-master-musicians-a-universal-hymn-to-tolerance-and-peace-from-morocco-to-the-world-analysis/|title=The Jajouka Master Musicians: A Universal Hymn To Tolerance And Peace From Morocco To The World – Analysis|date=September 16, 2019|website=Morocco Tomorrow}}</ref> By celebrating this pagan tradition in the days directly following an Islamic holiday of all times, some religious scholars have interpreted the festival as going counter to Islamic law and principles.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2024/06/18355/boujloud-where-sheepskins-and-spirits-intertwine/|title=Boujloud: Where Sheepskins and Spirits Intertwine|last=Faouzi|first=Adil|date=June 17, 2024|website=Morocco World News}}</ref> Yet, the Moroccan state protects the people's right to celebrate Boujloud as part of their cultural heritage under the Moroccan Constitution and UNESCO norms. Indeed, the Constitution expressly recognizes the right to indigenous cultural expression under Article 5 while the ICESCR highlights the right to take part in cultural life.<ref name=":16" /><ref name=":42" /> The King has also established the Royal Institute of Amazigh Culture which supports and funds indigenous cultural celebrations like Boujloud.<ref>{{Cite web|url=https://www.ircam.ma/fr/textes-fondateurs/texte-du-dahir|title=Texte du Dahir|website=Institut Royal de la Culture Amazighe}}</ref> In conjunction, Morocco is party to the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of which Article 2 specifically protects "social practices, rituals and festive events."<ref>{{Cite web|url=https://ich.unesco.org/en/convention|title=Text of the Convention for the Safeguarding of the Intangible Cultural Heritage|website=UNESCO}}</ref> While the right to feasts and festivals is not formally enshrined in Moroccan or international law, Morocco has proved successful and consistent at safeguarding it indirectly under its customary law and ensuring the continued celebration of festivals like Boujloud despite their un-Islamic nature. === The Place of Secularism in Morocco === Feasts and festivals need not be strictly religious or cultural in nature to be afforded protection under the state, and Morocco holds many such celebrations for which the reason to feast is completely secular.<ref name=":02" /> The protection of secular festivals finds footing partly in the Moroccan Constitution which guarantees the freedom of religion, thought and opinion as well as the public powers' support "to the development of cultural and artistic creation . . . in an independent manner and on democratic" bases.<ref name=":16" /> The ICCPR's rights to freedom of assembly, including public festivals, further supports an informal right to secular feasts and festivals. One of the most prominent secular festivals in Morocco is the Mawazine music festival established in 2001 under the direct authority of King Mohammed VI.<ref>{{Cite web|url=https://mawazine.ma/en/le-festival-mawazine/presentation-du-festival/|title=Presentation|website=Mawazine.ma}}</ref> Mawazine takes place yearly in the Kingdom's capital, Rabat, and hosts some of the world's most popular artists the likes of Rihanna, Shakira, or Pitbull.<ref>''Id''.</ref> The given reason for the festival, beyond respect for and advancement of art, is the "promotion of the Kingdom’s values and uphold[ing] a message of tolerance, openness, respect and dialogue" as well as the "democratization of culture in Morocco."<ref>''Id''.</ref> The festival attracts up to two million friends and families every year who gather to dance, sing, and cheer on their favorite performers.<ref>''Id''.</ref> This being said, the majority of renowned secular feasts and festivals in Morocco remain under state control or royal patronage which creates significant risk for potential censorship and over-regulation of independent and secular celebrations.<ref>{{Cite web|url=https://heinonline.org/HOL/Page?public=true&handle=hein.journals/mistjintl32&div=6&start_page=25&collection=journals&set_as_cursor=0&men_tab=srchresults|title=STRUGGLES AND TRIUMPHS: AMAZIGH CONSTITUTIONAL CLAIMS AND BUREAUCRATIC DISENTITLEMENT IN MOROCCO|last=Castaneda|first=Heide|website=HeinOnline}}</ref> == Privacy & Data Protection == Privacy, intimacy, and secrecy are often treated interchangeably in colloquial language due to their heavy overlap.<ref>{{Cite web|url=https://heinonline.org/HOL/Page?handle=hein.journals/yljfor123&id=356&collection=journals&index=|title=Secrecy, Intimacy, and Workable Rules: Justice Sotomayor Stakes Out the Middle Ground in United States v. Jones|date=March 24, 2014|website=HeinOnline|publisher=The Yale Law Journal Forum}}</ref> The legal implications and rights which arise out of the nuances between these three concepts nevertheless call for their differentiation, though modern technologies render this task particularly difficult.<ref>''Id''.</ref> Moroccan domestic law, like the majority of communications law regimes, clearly addresses privacy rights while intimacy and secrecy somewhat lag behind.<ref>{{Cite web|url=https://privacyinternational.org/state-privacy/1007/state-privacy-morocco|title=State of Privacy Morocco|date=January 26, 2019|website=Privacy International}}</ref> Morocco was the first African state to adopt a formal data protection framework in 2009 through law 09-08 which was modeled after the French Data Protection Act and the EU Data Protection Directive 95/46/EC. <ref name=":18">{{Cite web|url=https://www.recordinglaw.com/world-laws/world-data-privacy-laws/morocco-data-privacy-laws/|title=Morocco Data Privacy Laws: Law 09-08 Compliance Guide (2026)|date=March 28, 2026|website=Recording Law}}</ref> In accordance with its broader modernization efforts, Morocco's approach to data protection is distinct from that of other MENA states, and has taken on transparency and access to information as a general rule while strict secrecy is treated as the exception.<ref>{{Cite web|url=https://www.mmsp.gov.ma/fr/nos-metiers/droit-d%E2%80%99acc%C3%A8s-%C3%A0-l%E2%80%99information?utm_source=chatgpt.com|title=Droit d’accès à l’information|website=Ministère de la Transition Numérique et de la Réforme de l'Administration}}</ref> The invocation of this exception and its breadth however, give public authorities considerable deference to restrict access to information especially when it is related to the recurring triangle of the monarchy and national security, Islam as the state's official religion, and territorial integrity.<ref>{{Cite web|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3545&context=isp_collection|title=Violating of Individual Privacy: Moroccan Perceptions of the Ban of VoIP Services|last=Delhees|first=Tyler|date=December 4, 2016|website=SIT Digital Collections}}</ref> === The Moroccan Data Protection Framework === Much like the rest of the world in 2026, the vast majority of Moroccans of all age groups have a strong digital presence with over 92% of the population possessing an online footprint – making Morocco one of the continent's most digitally connected nations.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/11/267078/morocco-2026-digital-report-92-of-the-population-now-online/|title=Morocco 2026 Digital Report: 92% of the Population Now Online|last=Moho Amer|first=Oumaima|date=November 8, 2025|website=Morocco World News}}</ref> Moreover, 59% of Moroccans are active on social media platforms like Facebook or TikTok which are known to gather a series of sensitive personal data on their users.<ref>{{Cite web|url=https://en.hespress.com/125146-moroccos-internet-users-reach-record-35-5-million-as-digital-shift-accelerates.html|title=Morocco’s internet users reach record 35.5 million as digital shift accelerates|date=November 9, 2025|website=Hespress English}}</ref> Morocco, through its domestic and international regulatory framework, formally embraces privacy rights and protects intimacy within certain domains but the digital space's collection and storage of personal information poses an oversight challenge to the legal regime as it stands. ==== Domestic & International Regulation ==== Data protection in Morocco takes root in constitutional privacy guarantees. Article 24 of the Moroccan Constitution is indeed dedicated to the delineation and protection of citizens' right to privacy, and explicitly states that "any person has the right to the protection of their private life."<ref name=":1" /> Within the umbrella of private life, private communications in all their forms are specifically enumerated as protected and enjoy a strictly "secret" status, unless justice authorizes "under the conditions and following the forms provided by the law, the access to their content, their total or partial divulgation or their summons at the demand of whosoever."<ref name=":1" /> Finally, Article 24 renders one's domicile an inviolable intimate space where "searches may only intervene in the conditions and the forms provided by the law."<ref name=":1" /> Based on Moroccan constitutional law alone, private life and communications are afforded robust protections but are nonetheless always qualified by exceptions to be leveraged as authorities deem necessary.<ref>{{Cite web|url=https://www.researchgate.net/publication/382583052_The_protection_of_personal_data_according_to_the_civil_and_criminal_Moroccan_laws_in_light_of_jurisprudence|title=The protection of personal data according to the civil and criminal Moroccan laws in light of jurisprudence|last=Gaagouch|first=Anass|date=March 2024|website=Research Gate}}</ref> Expanding upon the constitutional foundation of privacy rights, law 09-08 governs data processing by public and private entities operating in Morocco and treats the privacy concerns implied by such processes.<ref name=":19">{{Cite web|url=https://www.cndp.ma/wp-content/uploads/2023/11/Loi-09-08-Fr.pdf|title=Loi n 09-08 relative à la protection des personnes physiques à l’égard du traitement des données à caractère personnel|date=February 18, 2009|website=CNDP}}</ref> This statute arising out of Royal Decree 1-09-15 recognizes a right to the protection of personal and sensitive data as information pertaining to private life. Personal data is defined by law 09-08 as "any information, regardless of its nature, including sound and image, relating to an identified or identifiable physical person."<ref>''Id''.</ref> Identifiability in this context may be direct or indirect and includes references to identity-specific attributes such as identification numbers.<ref name=":20">{{Cite web|url=https://korte-law.com/data-protection-privacy-law-morocco|title=Data Protection and Privacy Law in Morocco|last=Korte|first=Zakaria|website=Korte Law}}</ref> Sensitive data on the other hand is distinguished as information relating to racial or ethnic origin, political, religious, or philosophical opinions, as well as trade-union membership or health, genetic, and biometric data.<ref name=":19" /> Due to its relatively higher risk of harm if misused, sensitive data enjoys more stringent protection measures under law 09-08 such as obtention of prior authorization by the appropriate regulatory body.<ref>''Id''.</ref> The statute also introduces the requirement of free and informed consent prior to the use of personal data, as well as the need for a legitimate purpose for the collection of said data.<ref>''Id''.</ref> Private data must in addition not be retained longer than can be shown necessary, and must be kept within measures designed to maintain its confidentiality.<ref>''Id''.</ref> Law 09-08 is wide-reaching in that it encompasses all operations – automated or not– involving personal and sensitive data, including "collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, alignment, combination, blocking, erasure, or destruction."<ref name=":20" /> The statute encompasses digitally processed data but presents important gaps when faced with the modern technological environment, including algorithmic profiling and advanced surveillance systems.<ref>{{Cite web|url=https://www.researchgate.net/publication/396906896_Toward_a_Risk-Based_Data_Governance_Framework_in_Morocco_Aligning_Law_09-08_with_GDPR_Principles|title=Toward a Risk-Based Data Governance Framework in Morocco: Aligning Law 09-08 with GDPR Principles|last=Bouiti|first=Soufiane|last2=Altdaoud|first2=Mohammed|date=October 2025|website=Research Gate}}</ref> Though much less comprehensive, Morocco is bound by treaties it has ratified at the international level to the respect and protection of privacy rights as well as the intimacy of individuals within certain sectors of private life. Both Article 24 of the UDHR and Article 17 of the ICCPR prohibit "arbitrary interference with [one's] privacy, family, home or correspondence, [and] attacks upon his honour and reputation."<ref name=":17" /><ref name=":7" /> These international instruments, despite their limited scope, complete the Moroccan data protection framework by supplementing and reinforcing protections surrounding intimate life which are limited to the home under Moroccan domestic law. ==== The CNDP ==== The National Commission for the Control of Personal Data Protection (CNDP) is an oversight and enforcement regulatory body created by Articles 1 and 2 of law 09-08.<ref>{{Cite web|url=https://www.cndp.ma/qui-sommes-nous/|title=Qui sommes-nous ?|website=CNDP}}</ref> The Commission is empowered to monitor the processing of personal data to ensure its lawful and legitimate storage and use under its mother statute, as well as employ corrective measures where personal and sensitive data are infringed upon.<ref>''Id''.</ref> The CNDP oversees a prior registration system through which it receives all data processing requests and has the jurisdiction to impose further conditions or deny authorization altogether.<ref>''Id''.</ref><ref name=":18" /> An organization's failure to register under the CNDP system may expose it to criminal liability under law 09-08.<ref name=":18" /> The Commission indeed has the authority to investigate cases of personal data misuse and refer them to the public prosecutor to initiate legal proceedings against offender organizations.<ref>{{Cite web|url=https://practiceguides.chambers.com/practice-guides/data-protection-privacy-2026/morocco|title=Data Protection & Privacy 2026|date=March 10, 2026|website=Chambers and Partners}}</ref> == Sources Cited == psqa734shyfnyaddcikn2mcsfxj8l5w 2809345 2809312 2026-05-14T22:12:54Z Amaalberrada 3046744 2809345 wikitext text/x-wiki = Communications Law in the Kingdom of Morocco = [[File:Flag of Morocco.svg|thumb|The emblem of Morocco, adopted in 1915. The star's points represent the five pillars of Islam ]] == Sources of Communications Law in Morocco == Morocco's strategic geographical location and historical legacy make for a unique legal landscape, especially as it pertains to communications law. For centuries, Morocco was itself a communication corridor between continents, ancient tribal societies, empires, religions and colonial powers.<ref name=":11">{{Cite web|url=https://www.kas.de/documents/265308/265357/Legal%2BSystem%2Bof%2BMorocco.pdf/23060d5a-26e0-64a0-7b8f-8b3640d68865|title=The Legal System of Morocco|last=Hanafi|first=Leila|date=August 2020}}</ref> This baggage is palpable in the modern Morocco, despite its vast advances towards a more democratic and egalitarian legal order over the past two decades.<ref>{{Cite web|url=https://www.stimson.org/2025/moroccos-two-speed-reality/|title=Morocco’s Two-Speed Reality|last=El Yaaqoubi|first=Safae|date=December 10, 2025|website=Stimson}}</ref> Morocco is a parliamentary constitutional monarchy but is distinguished from other such forms of government, like Spain or the Netherlands, in that the monarch retains substantial political power alongside an elected Prime Minister and his Cabinet of Ministers<ref name=":0">{{Cite web|url=https://www.wrmea.org/north-africa/does-the-moroccan-monarchy-function-as-an-institution.html|title=Does the Moroccan Monarchy Function as an Institution?|last=Kouar|first=Abderrazak|date=November 17, 2025|website=Washington Report on Middle East Affairs}}</ref> – a recipe for gridlock, an ingenious way to preserve ancestral tradition, or perhaps a bit of both. The rule of law in Morocco, and unavoidably communications law, balance between longstanding practice and a wave of reform and modernization.<ref>''Id''.</ref> This balancing game is not without its pitfalls and exists within a venn diagram aligning constitutional law, national statutory law, regional and international law. Together, these sources of law seek to enforce Morocco's civil liberties and political rights and champion participation, pluralism and good governance,<ref name=":1">{{Cite web|url=https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en|title=Morocco's Constitution of 2011|date=2012|website=Constitute Project}}</ref> but without ever compromising the deeply rooted principles of the monarchy, Islam, and territorial integrity.<ref>{{Cite web|url=https://www.brookings.edu/articles/morocco-the-kings-dilemma/|title=Morocco: The king’s dilemma|last=Abdel Ghafar|first=Adel|date=March 2, 2017|website=Brookings}}</ref> === National & Regulatory Framework === ==== Constitutional Guarantees ==== The backbone of the communications law regime in Morocco is built upon the 2011 Constitution. Its text came to replace its outdated 1967 predecessor and lays out the country's governmental makeup which, much like the United States, is established upon three branches: The executive, the legislative, and the judicial.<ref>{{Cite web|url=https://www.worldatlas.com/articles/what-type-of-government-does-morocco-have.html|title=What Type Of Government Does Morocco Have?|last=Politics|first=Amber Pariona in|date=2017-08-01|website=WorldAtlas|language=en-US|access-date=2026-03-03}}</ref> While the respective authority of these factions of government used to be primarily informal and functionally intertwined, the Constitution institutionalized and delineated the scope of their power.<ref>''Id''.</ref> Even the extent of the King's functions are defined within the regulations of the Constitution, though his authority in effect protrudes from the confines of the text and is an accepted norm within the very fabric of Moroccan society.<ref name=":0" /> The Moroccan government is the structural safe keeper of the rights and freedoms outlined in the Constitution. Article 25 through Article 29 recognize and guarantee the following:<ref name=":1" /> * Freedom of opinion, thought, and conscience * Freedom of expression * Freedom of the press * Right to academic freedom * Right to culture * Right to information * Freedom of association * Freedom of assembly * Right to strike These rights and freedoms are limited however, and can be derogated in certain circumstances, especially if and when the legitimacy of the monarch, the official religion, or the country's borders is at issue. The preamble of the Constitution indeed sets out, before ever treating communication rights, that Morocco is "a sovereign Muslim State, attached to its national unity and to its territorial integrity;"<ref name=":1" /> while the nation's motto and closing line of the national anthem is "God, the Homeland, the King."<ref>{{Cite web|url=https://lingualid.com/the-national-anthem-of-morocco/|title=The National Anthem of Morocco|last=Cheddadi|first=Oualid}}</ref> This triad is untouchable across all sources of law in Morocco and communication around it is heavily monitored and disincentivized. [[File:King Hassan II with Mohammed VI.jpg|thumb|Late Kind Hasan II accompanied by current Monarch, Mohammed VI]] The guarantees of the Moroccan Constitution are well anchored within the country's governance structure but far from absolute. Contrary to that of the United States, the Moroccan Constitution is not self-executing and points to legislation and regulatory bodies for the implementation of its clauses.<ref name=":1" /> Statutory limits and regulatory authorities thus define and frame the practical scope of communication and media freedoms.<ref name=":2">{{Cite web|url=https://ebrary.net/263822/education/legal_framework_regulations_media_landscape_morocco|title=Legal framework and regulations of the media landscape in Morocco|website=Ebrary|publisher=Routledge Handbook on Arab Media}}</ref> Article 71 of the Moroccan Constitution relegates as a domain of the law "the regime of the broadcast media and of the press in all their forms."<ref name=":1" /> Despite considerable reform and leaps in civil liberties, Morocco continues to sit at a 37/100 Global Freedom Score - primarily citing the King's informal influence across sectors for this assessment, in addition to the substantiality of his constitutionally granted power.<ref>{{Cite web|url=https://freedomhouse.org/country/morocco/freedom-world/2025|title=Freedom in the World 2025: Morocco|website=Freedom House}}</ref> ==== Press & Publishing Regulation ==== Though Article 28 of the Constitution guarantees freedom of the press, it nonetheless provides that "the law establishes the rules of organization and of control of the means of public communication."<ref name=":1" /> The law in question is the Press Code of 2016 which has seen many a version and amendment since the end of the French occupation in the 1950s.<ref name=":3">{{Cite web|url=https://ebrary.net/289627/education/press_code|title=The Press Code|last=Bouziane|first=Zaid}}</ref> Previous iterations of the Code between 1959 and 2002 imposed heavy prison sanctions for non-violent speech offenses criticizing the royal family, Islam, the country's border integrity, as well as defamation and the publication of fake news.<ref name=":4">{{Cite web|url=https://www.hrw.org/report/2017/05/05/red-lines-stay-red/moroccos-reforms-its-speech-laws|title=The Red Lines Stay Red: Morocco's Reforms of its Speech Laws|last=Goldstein|first=Eric|date=May 4, 2017|website=Human Rights Watch}}</ref> Indeed, the 1959 Press Code enforced prison sentences of up to 20 years while the 2002 edition of the Code reduced the jail penalty to a maximum of 5 years.<ref>{{Cite web|url=https://rsf.org/en/new-press-code-retains-prison-sentences-press-offences?utm_source=chatgpt.com|title=The new press code retains prison sentences for press offences|date=February 22, 2002|website=Reporters Without Borders}}</ref> The 2016 Press Code, passed through Law 88.13, eliminated civil speech-related prison sentencing for journalists and created a self-regulatory body staffed with elected members, the National Press Council.<ref name=":3" /> The Council enjoys considerable freedom from the government to independently oversee journalistic ethics and uphold professional standards amongst the press and media.<ref>{{Cite web|url=https://cnp.press.ma/fr/home-fr/|title=Conseil National de la Presse}}</ref> That being said, the three taboo themes of the monarchical regime, religion, and the Saharan borders remain present in the most recent Press Code and give rise to steep fines of up to $50,000 as well as jail time for failure to satisfy said fines.<ref>''Id''.</ref> The average monthly income in Morocco being of about $2,000 per month, incurring such a fine will more likely than not lead to incarceration.<ref>{{Cite web|url=https://worldsalaries.com/average-salary-in-morocco/|title=Average Salary in Morocco|date=2026|website=World Salaries}}</ref> The press used to be particularly vocal in criticizing the authoritarian reign of late King Hasan II, and the government's caution towards the press sector never fully subsided even under a relatively more moderate monarchy.<ref>{{Cite web|url=https://www.islamicity.org/270/hassan-ii-a-king-beloved-or-despised/|title=Hassan II: A King Beloved or Despised?|last=Wright|first=Zakariya|date=July 26, 1999|website=Islamicity}}</ref> In fact, the Parliament is currently entertaining a bill to retract some of the freedom granted to the National Press Council and restore governmental oversight over the publishing process.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2026/01/276161/constitutional-court-finds-major-flaws-in-moroccos-press-council-reorganization-law/|title=Constitutional Court Finds Major Flaws in Morocco’s Press Council Reorganization Law|last=Zouiten|first=Sara|date=January 23, 2026}}</ref> ==== Broadcasting & Audiovisual Regulation ==== Broadcasting in Morocco is no free market activity and was controlled by state monopoly until 2005.<ref name=":5" /> Broadcasting law 77-03 shifted ownership rights over television and radio broadcasting to private operators, though the majority of TV channels remain state affiliated today.<ref name=":12">{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/7367|title=Law No. 77-03 on Audiovisual Communication (promulgated by Dahir No. 1-04-257 of 25 Kaada 1425 (January 7, 2005)), Morocco|date=January 7, 2005|website=WIPO}}</ref> Article 28 of the Constitution expressly relegates the regulatory oversight of the broadcasting domain to the High Authority of Broadcasting (HACA).<ref name=":1" /> HACA was founded in 2002 and is a fully impartial institution, though under the tutelary power of the King.<ref name=":2" /> Article 165 of the Constitution further defines the role of HACA as seeing to "the respect for pluralist expression of the currents of opinion and of thought and of the right of information," but that "within the respect for the fundamental values of civilization and for the laws of the Kingdom."<ref name=":1" /> HACA thus issues and controls licensing for broadcasting purposes, monitors broadcasted content, and imposes suspensions or fines, especially where the three sensitive topics of the monarchy, the national religion, or territorial integrity are infringed upon. ==== Postal Services & Telecommunication ==== Much like the constitutional framework surrounding broadcasting, the telecom sector is fully delegated to legislative supervisory authority. Article 71 provides that "the regime of the technologies of information and of communication . . . are of the domain of the law."<ref name=":1" /> The Post and Telecommunications law of 1997, number 24-96, established the National Telecom Regulator Agency (ANRT).<ref name=":5">{{Cite web|url=https://www.maroc.mom-gmr.org/en/context/law/|title=Media Ownership Monitor Morocco|date=2017|website=Le Desk}}</ref> The objectives of the ANRT mirror Morocco's general legal approach to communications: On one hand the body is responsible for liberalizing and modernizing telecom infrastructure and encouraging access to and competition around its markets, while limiting licensing and frequency allocation upon national security and legal compliance concerns.<ref>{{Cite web|url=https://ptt.ma/wp-content/uploads/2019/12/loi-24-96-telecoms-consolide%CC%81e-version-23-avril-2019.pdf|title=Loi n24-96 consolidée relative à la poste et aux télécommunications, telle qu’elle a été modifiée et Complétée|date=April 29, 2019|website=ptt.ma}}</ref> The ANRT does not extend fines and sanctions like other regulatory bodies but may employ means like surveillance and interception of prohibited requests and online content.<ref>{{Cite web|url=https://www.amnesty.org/en/location/middle-east-and-north-africa/morocco-and-western-sahara/morocco-and-western-sahara/|title=Morocco and Western Sahara|website=Amnesty International}}</ref> [[File:Rabat Cnstitutional Court.jpg|thumb|The Supreme Court in Rabat, Morocco]] ==== The Criminal Law Loophole ==== Where the Press Code, HACA, and the ANRT leave no administrative avenues for the state to restrict non-violent speech around the three-pillared threat, the Penal code acts as a last resort. Indeed, where speech offends the person of the King, Islam, or Morocco's territorial integrity, the Penal Code allows for criminal prosecution and the distribution of prison sentences, heavy fines or both.<ref name=":4" /> Regardless of the method or platform of speech, the Moroccan government interprets any attack upon the said trio a firm red line and a threat to national security. Article 267 makes the latter explicit by prescribing a 6 month prison sentence along with up to a $20,000 fine for anyone who "compromises the Islamic religion, the monarchical regime, or who incites the compromising of the territorial integrity of the Kingdom."<ref name=":13">{{Cite web|url=https://cyrilla.org/en/entity/43p0bxmmerr4er7hrxfsvmquxr/text-search?searchTerm=islam&file=1729515614696hv6ynsawau7.pdf&page=104|title=Code Penal|date=July 5, 2018|publisher=Ministère de la Justice et des Libertés|language=French}}</ref> Recently, two individuals were sentenced to five years in prison under Articles 263 to 267 of the Penal Code for making posts on Facebook criticizing the government's normalization and continued relationship with Israel.<ref>{{Cite web|url=https://freedomhouse.org/country/morocco/freedom-net/2024|title=Freedom of the Net 2024: Morocco|website=Freedom House}}</ref> This effectively creates a layered restriction system where the lack of cause of action under administrative and civil channels is supported by a strict and frozen in time Penal Code. === Regional Legal Framework === ==== Africa ==== Morocco commits itself in the preamble of its Constitution to "reinforce South-South cooperation" and to "consolidate relations of cooperation and of solidarity with the peoples of the countries of Africa."<ref name=":1" /> One of the ways by which it fulfills this commitment is through its membership in the African Union. Since 2002, the Union as a continental intergovernmental organization, has joined 55 member states on the continent around principles of "freedom, equality, justice and dignity" in the context of African brotherhood and solidarity.<ref>{{Cite web|url=https://au.int/en/overview|title=About the African Union|website=African Union}}</ref> Even at a regional level, Morocco has remained loyal to its national priorities. So much so, that the Kingdom left the African Union's Predecessor organization – the Organization of African Unity (OAU) – in 1984 after the territorial status of the Western Sahara was put in question and a majority of the OAU members voted to recognize the territory as independent.<ref>{{Cite web|url=https://www.aljazeera.com/news/2017/1/31/morocco-rejoins-the-african-union-after-33-years|title=Morocco rejoins the African Union after 33 years|last=Mohamed|first=Hamza|date=January 31, 2017|website=Aljazeera}}</ref> Since, Morocco has rejoined the African Union in 2017 with the mission of resolving the Sahara dispute in its favor, and somewhat successfully so since no members of the Union believe that "total independence for Western Sahara is still on the cards."<ref>{{Cite web|url=https://www.newsweek.com/morocco-african-union-western-sahara-551783|title=Why Has Morocco Rejoined the African Union After 33 Years?|last=Gaffey|first=Conor|date=February 2, 2017|website=Newsweek}}</ref> Morocco's rigidity towards its Western Sahara stance has also translated in the Kingdom's continued refusal to ratify the African Charter on Human and People's Rights to this day.<ref name=":6">{{Cite web|url=https://www.cfjustice.org/wp-content/uploads/filr/48443/CFJ%20-%20Morocco-%20ACHPR%20Country%20Review%20Report.pdf|title=MOROCCO: ACHPR COUNTRY BRIEFING REPORT: HUMAN RIGHTS VIOLATIONS AND VIOLATIONS OF THE AFRICAN CHARTER (OCTOBER 2024 – APRIL 2025)|website=Cfjustice|publisher=Committee for Justice}}</ref> The African Commission on Human and People's Rights (ACHPR), a product of the Banjul Charter, therefore does not have jurisdiction over Morocco and its human rights policies and practices. The Charter's Article 9 guarantees to every individual "the right to express and disseminate his opinions within the law."<ref>{{Cite web|url=https://www.african-court.org/wpafc/wp-content/uploads/2020/04/AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS.pdf|title=AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS|website=African-Court}}</ref> This language is entirely in line with the Moroccan Constitution and its human rights standards, but the Kingdom continues to decline formal adoption of the Charter due to fundamental political differences. The ACHPR nonetheless issues country review reports of Morocco as a member of the African Union and has most recently contended the following: "The independence of the judiciary, although affirmed in constitutional and legal provisions, continues to be undermined by structural weaknesses and interference from the executive, especially in cases implicating national security or dissenting political expression."<ref name=":6" /> The African Court on Human and People's Rights was founded by virtue of Article 1 of the Protocol to the Banjul Charter.<ref>{{Cite web|url=https://www.african-court.org/afchpr/welcome-to-the-african-court-2/#|title=Welcome to the African Court|website=African Court on Human and People's Rights}}</ref> Like the Banjul Charter itself, Morocco has not ratified its Protocol and is therefore not subject to the jurisdiction of the Court.<ref>''Id''.</ref> ==== Other Regional Mechanisms ==== [[File:Morocco physical map (de facto).png|thumb|400x400px|Map of Morocco, displaying the complexity of the Sahara territorial dispute ]] As a Muslim and Arabic speaking nation, Morocco has been a continuous member of the Arab League of Nations since 1958.<ref>{{Cite web|url=http://www.leagueofarabstates.net/en/aboutlas/Pages/CountryDataDetails.aspx?RID=18|title=Member States: Kingdom of Morocco|website=League of Arab States}}</ref> Beyond strengthening relations amongst Arab States, the League's mission centers around respect for national independence and sovereignty.<ref>{{Cite web|url=https://www.refworld.org/legal/constinstr/las/1945/en/13854|title=Charter of Arab League|date=March 22, 1945|website=refworld}}</ref> The Kingdom's membership in the organization is consistent with the preamble of the Moroccan Constitution which seeks to "deepen the bonds of togetherness with the Arab and Islamist Ummah, and to reinforce the bonds of fraternity and of solidarity with its brother peoples"<ref name=":1" /> (Fellow Muslims frequently refer to each other as brothers.) The League was established upon a minimal Charter, ratified by Morocco, which aims to facilitate communication, economic and cultural exchange amongst member States.<ref>{{Cite web|url=http://www.leagueofarabstates.net/en/aboutlas/Documents/The%20Charter%20of%20the%20League%20of%20Arab%20States.pdf|title=The Charter of the League of Arab States|date=March 22, 1945|website=League of Arab States}}</ref> In 2008, the Arab Charter on Human Rights which placed greater emphasis on individual rights and liberties, came into force but was not ratified by Morocco and many other members of the Arab League.<ref>{{Cite web|url=https://carnegieendowment.org/sada/2009/10/the-arab-charter-on-human-rights|title=The Arab Charter on Human Rights|last=Rishmawi|first=Mervat|date=October 6, 2009|website=Carnegie Endowment}}</ref> Moroccan law is thus not constrained by the Arab Charter on Human Rights. An Arab Court of Human Rights has been a longstanding project of the Arab League which has yet to materialize.<ref>{{Cite web|url=https://link.springer.com/article/10.1007/s40802-021-00202-w|title=The Failure of the Arab Court of Human Rights and the Conflicting Logics of Legitimacy, Sovereignty, Orientalism and Cultural Relativism|last=Almutawa|first=Ahmed|date=January 12, 2022|website=Springer Nature}}</ref> This makes the enforcement of the Human Rights Charter particularly challenging even for its ratifying states. Morocco has expressed interest in joining the European Union on the basis of mutually beneficial trade and migration advantages.<ref>{{Cite web|url=https://www.eeas.europa.eu/morocco/european-union-and-morocco_en?s=204|title=The European Union and Morocco|date=January 28, 2026|website=eeas.europa.eu}}</ref> This interest never culminated in a formal application and has proved quite unpopular amongst existing EU member states. <ref>{{Cite web|url=https://www.ispionline.it/en/publication/morocco-eu-relations-navigating-sovereignty-concerns-and-growing-interdependence-181487|title=Morocco-EU Relations: Navigating Sovereignty Concerns and Growing Interdependence|date=July 23, 2024|website=Italian Institute for International Political Studies}}</ref> Morocco is therefore not bound by any European regional frameworks as of the time being. The European Union has in an unexpected turn of events adopted a complete territorial map of Morocco from Tangier to La Guera, including the Sahara, as part of the EU's most recent annual investment report.<ref>{{Cite web|url=https://barlamantoday.com/2026/03/04/eu-policy-shift-recognizes-moroccos-sovereignty-over-sahara/|title=EU Policy Shift Recognizes Morocco’s Sovereignty Over Sahara|last=Elghoubachi|first=Amina|date=March 4, 2026|website=Barlaman Today}}</ref> As an important source of tension between the two regions comes to a resolution, this could point to a concretization of EU-Moroccan relations and perhaps the increased adoption of European standards within Moroccan communications law in the long run. === International Legal Framework === Like its regional human rights commitments, the preamble of Morocco's Constitution also recognizes its membership within international organizations and its subscription "to the principles, rights and obligations enounced in their respective charters and conventions; [and] affirms its attachment to the Rights of Man such as they are universally recognized, as well as its will to continue to work to preserve peace and security in the world."<ref name=":1" /> Most notably, Morocco is a signatory without reservations of the International Covenant on Civil and Political Rights (ICCPR),<ref>{{Cite web|url=https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR|title=Ratification Status for CCPR - International Covenant on Civil and Political Rights|website=United Nations Human Rights Treaty Bodies}}</ref> as well as the International Covenant on Economic, Social and Cultural Rights (ICESCR).<ref>{{Cite web|url=https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CESCR|title=Ratification Status for CESCR - International Covenant on Economic, Social and Cultural Rights|website=United Nations Human Rights Treaty Bodies}}</ref> Articles of the ICCPR highlight freedom of thought, freedom of expression, freedom of opinion, the right of peaceful assembly, and the freedom to seek, receive and impart information.<ref name=":7">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights|title=International Covenant on Civil and Political Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref> The ICESCR recognizes the right to enjoy culture life and to the conservation, development and diffusion of culture, as well as the right to enjoy and partake in scientific, literary and artistic production.<ref>{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights|title=International Covenant on Economic, Social and Cultural Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref> These rights and freedoms are almost unanimously found in the Moroccan Constitution as discussed above. However, the Moroccan framework adds a layer of constraint when compared to these international treaties and limits the exercise of the said rights to the caveat of the law. Having ratified the ICCPR, Morocco is subject to the periodic review of the Human Rights Committee and its resulting recommendations per Article 28 of the ICCPR.<ref name=":7" /> The Committee's sixth periodic report of Morocco noted the following: "The Committee welcomes the adoption of the new Press Code in 2016, under which press-related offences are no longer subject to custodial penalties. It is concerned, however, about the concurrent introduction of new provisions in the Criminal Code that establish terms of imprisonment as penalties for acts perceived as being offensive to Islam or the monarchy or as posing a threat to the country’s territorial integrity.<ref>{{Cite web|url=https://docs.un.org/en/CCPR/C/MAR/CO/6|title=Concluding observations on the sixth periodic report of Morocco|date=December 16, 2016|website=United Nations}}</ref>" The Committee further recommended the immediate revision of the Penal Code to ensure alignment with Article 19 of the ICCPR.<ref>''Id''.</ref> This has yet to be done since the report was issued in 2016 and unlikely to see fruition, especially as it pertains to the three themes highlighted by the Committee. == Principles of Communication Law & the Media == Morocco presents a revealing illustration of the tensions which can arise between the many moving parts of communications law. Through its contemporary media framework, its recent constitutional and statutory reforms, and its membership in regional and international human rights organizations, the Kingdom is pursuing its constitutional mission of "consolidation and . . . reinforcement of the institutions of the modern State [based on] the principles of participation, of pluralism and of good governance," championing "security, liberty, equality of opportunities, [and] respect for . . . dignity and social justice."<ref name=":1" /> Against this backdrop however, informal structures and practices stand guard to the nature of messages a sender may successfully transmit to the public. Article 27 of the Constitution guarantees Moroccans the right to access information relevant to the public good, but qualifies this principle by enclosing it within the law and "the objective of assuring the protection of all which concerns national defense, the internal and external security of the State, and the private life of persons."<ref name=":1" /> The recipient has a protected right to receive unfiltered messages so long as the government does not deem the sender to threaten national security by promoting blasphemy, a potential coup against the regime, or the narrative of the Polisario Front – the official representative of the Sahrawi people, demanding the Western Sahara's independence from the Moroccan mainland. Moroccan society is thus to be informed, but within defined limits. The media in Morocco, and more specifically television channels, provide an illuminating case study of this communications model. [[File:2M TV logo.svg|thumb|The most watched Moroccan TV channel, a state owned broadcaster ]] === TV Channels & State Control === The media, in its different forms, is by a landslide the Moroccan public's main source of information. The average Moroccan devotes close to 6 hours per day to media consumption, of which about half is spent watching television.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/04/190545/moroccans-clock-nearly-6-hours-daily-on-media-consumption/|title=Moroccans Clock Nearly 6 Hours Daily on Media Consumption|last=Faouzi|first=Adil|date=April 16, 2025|website=Morocco World News}}</ref> Moroccans did not follow in the international phenomenon of streaming services and continue to favor national TV channels for news and entertainment, with 72% of viewers watching at least one Moroccan channel everyday.<ref>''Id''. </ref> These numbers would be an endearing show of national unity were it not for the state's significant involvement in the channels' management and the material they broadcast. Though the 2004 Audiovisual Communication Law put a formal end to state monopoly over TV broadcasting as discussed above, this act was more symbolic than truly reformative in practice and the Moroccan TV sector remains directly or indirectly state-owned today.<ref>{{Cite web|url=https://maroc.mom-gmr.org/en/media/tv/|title=Media Ownership Monitor: Television|date=2017|website=Le Desk}}</ref> Indeed, all nine domestic free-to-air Moroccan channels are majoritarily controlled by the Société Nationale de Radiodiffusion et de Télévision (SNRT) (2M, Al Aoula, Laayoune TV, Arryadia, Athaqafia, Al Maghribia, Assadissa, Aflam TV, Medi 1 TV).<ref name=":8">{{Cite web|url=https://www.mom-gmr.org/en/countries/morocco/|title=Media Ownership Monitor: Morocco|website=Global Media Registry}}</ref> As of 2025, SNRT acquired all stakes in 2M and Medi 1 TV and became their sole owner which is particular cause for concern when noting that 2M is the most watched channel in the country.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/01/166177/snrt-to-acquire-full-control-of-2m-medi1-tv-and-radio-within-two-months/|title=SNRT to Acquire Full Control of 2M, Medi1 TV and Radio Within Two Months|last=Faouzi|first=Adil|date=January 7, 2025|website=Morocco World News}}</ref> SNRT is wholly owned by the Moroccan government and falls under the Ministry of Youth, Culture and Communication as law 77-03 designed.<ref>{{Cite web|url=https://statemediamonitor.com/2025/07/societe-nationale-de-radiodiffusion-et-de-television-snrt/|title=Société nationale de radiodiffusion et de télévision (SNRT)|date=July 19, 2025|website=State Media Monitor}}</ref> SNRT's operating budget in 2019 was of approximately $181 million, two thirds of which was directly state subsidized.<ref>''Id''. </ref> This state presence translates directly to editorial policy and decision-making, and SNRT is widely regarded to be "a mouthpiece of the government, avoiding criticism of state authorities or controversial political actors."<ref>''Id''. </ref> As recently as 2025, HACA received several complaints that the government unfairly used advertising segments on 2M to the advantage ruling majority by diffusing promotional material ahead of the 2026 parliamentary elections.<ref>{{Cite web|url=https://en.hespress.com/106539-opposition-parties-file-complaints-against-government-promotional-video-on-public-tv.html?|title=Opposition parties file complaints against Government promotional video on public TV|date=March 25, 2025|website=Hespress English}}</ref> Opposition party members criticized the advertisement as exploitative of national symbols for "covert electoral propaganda."<ref>''Id''.</ref> While HACA as an independent regulatory body should have followed through on these allegations, no investigation or findings were made public to this day.<ref>{{Cite web|url=https://en.yabiladi.com/articles/details/166569/2m-s-world-segment-political-advertising|title=2M’s World Cup segment not political advertising, says Morocco’s audiovisual authority|last=Zine|first=Ghita|date=May 5, 2025|website=Yabiladi}}</ref> Not only was the public exposed to potentially dishonest, prohibited content but no real regulation of the message itself or the intent of the sender subsequently took place despite grounded objections. Both audience concentration across very few channels as well as media ownership concentration by the state in Morocco present a threat to the constitutionally protected rights of access to information and pluralism of ideas. The royal family and government ministers are ostensibly in position to control the media narrative to preserve the national status quo without consequence from established law and regulatory bodies.<ref name=":8" /> The proper legal framework to combat this exists but the gap between text and practice dilutes the message before it ever reaches the recipient. The informal structures and culture of self-censorship which exist within this gap, represent "a disturbing tendency for a cartel with common interests to form at the intersection of the political and business worlds, a cartel that is undermining pluralism and therefore media independence.”<ref>''Id.''</ref> == Censorship & Violent Content == In the age of 9/11 and the Arab Spring lighting through the Middle East and North Africa like wildfire, Morocco found itself in the eye of the storm and responded as such. Whether this response was proportionate to the perceived threat, and whether the state leveraged this new era of legislation to its advantage is to be explored below. Moroccan communications law, like that of many other states facing a non-state actor threat, grapples with the fine line of adequately informing the public – as is constitutionally required –without amplifying terrorist propaganda or further compromising national security. Article 23 of the Moroccan Constitution sets out that "all incitement to racism, to hatred and to violence is prohibited,"<ref name=":1" /> which, unlike other constitutional rights and freedoms, is a standalone clause and not subsequently qualified by its consistency with the law. It is to be noted that this sort of strict prohibition is a rare occurrence within the Constitution and highlights the intolerance of the Moroccan state towards racial discrimination, hatred and acts of violence. Sitting on the other balancing scale is Article 28 of the Constitution which stipulates that "the freedom of the press is guaranteed and may not be limited by any form of prior censure . . . within the sole limits expressly provided by the law, information, ideas and opinions."<ref name=":1" /> The constitutional prohibition on hatred and violence seems absolute at least textually, whereas the press may be subject to censorship where the law intervenes to diffuse national and public unrest. Hatred and violence are broad terms which can be construed under a myriad of interpretations and open to manipulation if left undefined as is the case in the Moroccan Constitution. The Press Code of 2016 does not much more narrowly conceptualize these terms but it does provide some guidance as to their scope in practice. Article 37 of the Code expressly permits journalistic censorship in cases of: * Direct incitation to homicide, terrorism, theft, or destruction; * Justification of war crimes, crimes against humanity, crimes of genocide or crimes of terrorism; * Direct incitation to hatred, racial discrimination or incitation to harm minors.<ref>{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/16975|title=Law No. 88-13 on the Press and Publishing (promulgated by Dahir No. 1-16-122 of 6 Kaada 1437|date=August 10, 2016|website=Wipolex}}</ref> === Anti-Terrorism === [[File:Marrakech Bombing Site Late in the Day.jpg|thumb|380x380px|Scene of the aftermath of the Marrakech bombing in tourist hotspot]] Terrorist attacks in two of Morocco's most densely populated cities – Casablanca and Marrakech – marked the country and shaped the advent of stringent counter-terrorism legislation. A restaurant, social club, and foreign consulate were targeted by suicide bombers in Casablanca in 2003, causing dozens of deaths and hundreds of injured.<ref>{{Cite web|url=https://www.cnn.com/2003/WORLD/africa/05/16/morocco.blasts/|title=Bombs kill at least 20 in downtown Casablanca|date=May 19, 2003|website=CNN}}</ref> Less than a decade later in 2011, the Argana Café in Marrakech's famous Jamaa El Fnaa square was bombed, costing the life of at least 16 people and shaking the nation to its core.<ref>{{Cite web|url=https://www.nytimes.com/2011/04/30/world/africa/30morocco.html|title=Bombs kill at least 20 in downtown Casablanca|last=Mekhennet|first=Souad|date=April 29, 2011|website=New York Times}}</ref> Anti-terrorism legislation passed less than 10 days after the Casablanca attacks, while the Marrakech bombing coincides with the year that the Moroccan Constitution was amended.<ref>{{Cite web|url=https://www.hrw.org/news/2011/04/29/morocco-marrakesh-bombing-abhorrent|title=Morocco: Marrakesh Bombing Abhorrent|date=April 29, 2011|website=Human Rights Watch}}</ref> Article 218 of the Penal Code, passed through Law 03.03, runs through 6 pages dedicated to a comprehensive anti-terrorism framework.<ref name=":14">{{Cite web|url=https://www.unodc.org/cld/document/mar/1962/code_penal_version_consolidee_du_2014.html?|title=Code Penal|date=March 20, 2014|website=United Nations Office on Drugs and Crime}}</ref> The Code prescribes prison terms of up to 10 years, paired with fines of up to $500.000 for anyone found guilty of committing or inciting to commit acts of terrorism through offline or online speech.<ref>''Id''.</ref> On account of this law, Morocco cracked down on more than 2,000 terrorist operations since 2003, including physical and virtual threats.<ref>{{Cite web|url=https://www.visionofhumanity.org/moroccos-counterterrorism-evolution/|title=Morocco’s Counterterrorism Evolution|last=May 30, 2022|website=Vision of Humanity}}</ref> The broad terms of the counterterrorism law however, begs the question of whether any wrongful arrests are executed under its authority. ==== Representative Cases ==== Journalists and media outlets have a responsibility to effectively inform the public of potential terrorism risk while simultaneously avoiding to assist terrorists in their divisive political agenda.<ref>{{Cite web|url=https://www.unesco.org/en/articles/terrorism-and-media-handbook-journalists|title=Terrorism and the Media: A Handbook for Journalists|date=March 27, 2017|website=UNESCO}}</ref> This subtle distinction between reporting on terrorist activity and disseminating it has led to a repeating occurrence of censorship and unjust arrests of Moroccan journalists, widely criticized by human rights organizations and NGOs.<ref>{{Cite web|url=https://www.hrw.org/news/2014/02/19/dispatches-now-free-moroccan-journalist-still-faces-terrorism-charges|title=Dispatches: Now Free, Moroccan Journalist Still Faces Terrorism Charges|last=Goldstein|first=Eric|date=February 19, 2014|website=Human Rights Watch}}</ref> Ali Anouzla, editor of an online newspaper, was convicted on terrorism charges in 2013.<ref name=":9">{{Cite web|url=https://www.aljazeera.com/features/2013/9/25/morocco-journalist-accused-of-terrorism|title=Morocco journalist accused of ‘terrorism’|last=Alami|first=Aida|date=September 25, 2013|website=Al Jazeera}}</ref> He wrote and published an article on Al-Qaeda's presence in North Africa, accompanied by a link to another newspaper showing a video made by the terrorist group.<ref name=":10">{{Cite web|url=https://rsf.org/en/drop-all-charges-against-moroccan-journalist-ali-anouzla-let-him-go-free-once-and-all|title=Drop All Charges Against Moroccan Journalist Ali Anouzla – Let Him Go Free, Once and For All|date=January 21, 2016|website=Reporters Without Borders}}</ref> Anouzla was accused of "material assistance" to a terrorist organization, "defending terrorism" and "inciting the execution of terrorist acts" under the Penal Code's Article 218.<ref>''Id''. </ref> Just a few months prior to his conviction, Anouzla had covered a story about a Spanish pedophile sentenced to 30 years in prison in Morocco who was then pardoned by the King.<ref name=":9" /> The article caused widespread outrage and led to the reversal of the King's decision and the reimprisonment of the criminal – a case without precedent in Morocco.<ref>''Id''. </ref> Anouzla "knew the time for retribution would come."<ref>''Id''.</ref> Anouzla's Al Qaeda article showed undeniable objectivity and was similarly phrased to many other publications on the same topic which gives his defense of deliberate targeting and censorship serious legitimacy.<ref name=":10" /> Human Rights Watch commented the following on Anazoula's case: “Authorities have conflated reporting and inciting. Jailing the messenger won’t make extremists go away, but it will intimidate other journalists who report on them.”<ref name=":9" /> During the same year as Anouzla's conviction, Mustapha El Hasnaoui, was arrested on the basis of terrorism related charges under the Penal Code. El Hasnaoui, in his capacity as a journalist, had been in contact with individuals from Syria who were opposed to their then sitting government.<ref>{{Cite web|url=https://www.amnesty.org/en/latest/press-release/2014/05/morocco-stop-using-terrorism-pretext-imprison-journalists/|title=Morocco: Stop using ‘terrorism’ as a pretext to imprison journalists|date=May 20, 2014|website=Amnesty International}}</ref> El Hasnaoui refused to denounce them to the state as suspected terrorists for lack of information.<ref>''Id''.</ref> El Hasnaoui had previously rejected multiple offers from the government to join Morocco's intelligence services and contends that his wrongful arrest and unfair trial was direct retaliation against his desire to remain independent.<ref>''Id''.</ref> As a result of these politically charged arrests, the Moroccan communications regime is under fire for using terrorism as a pretext to censor and wrongfully imprison journalists. There exists a clear discrepancy between the Penal Code and the Press Code, the latter which should be the first point of reference when scrutinizing journalistic material regardless of its nature. Press coverage of terrorist activity in Morocco is criminalized almost de facto and worse yet, relied upon for censorship in furtherance of pre-existing political motives. == Truth, Honor & Tolerance == [[File:Sunshine on mosque Hassan II in Casablanca, Morocco - Flickr - Milamber's portfolio.jpg|thumb|350x350px|Sunrise on the Hasan II Mosque, the third largest mosque in Africa]] As established above, Islam is the official religion of the Moroccan Kingdom. The King is referred to in the Moroccan Constitution as the "Commander of the Faithful [who] sees to the respect for Islam," but is also "the Guarantor of the free exercise of beliefs."<ref name=":1" /> Moroccan jurisprudence is not sharia-centered (Islamic law) contrary to what many may reasonably assume, but Islamic principles nonetheless influence several areas of Moroccan law and its practical enforcement – especially personal status and family law.<ref>{{Cite web|url=https://campaignforjustice.musawah.org/repository/morocco/|title=Global Repository of Muslim Family Laws|last=Bouzghaia|first=Ilyass|website=Musawah for Equality in the Family}}</ref> These same principles have shaped society's understanding of honor, truth and their respective parameters.<ref name=":11" /> The prevalence of Islamic tones within the fabric of the Moroccan social and legal order is not met with much pushback or construed as intolerant, considering that 99% of Moroccans are Muslim and have been for centuries.<ref>{{Cite web|url=https://www.worldatlas.com/articles/religious-beliefs-in-morocco.html|title=Religious Beliefs In Morocco|last=Sawe|first=Benjamin Elisha|date=April 25, 2017|website=World Atlas}}</ref> The relationship of Islam to the modern Moroccan state is characterized by "the values of openness, of moderation, of tolerance, and of dialog for mutual understanding between all the cultures and the civilizations of the world;"<ref name=":1" /> yet, hate speech is layered with Islamic customary law and blasphemy remains one of the three red line subjects around which communication is frequently censored and sanctioned. Though the government, including the King in a 2022 public address,<ref>{{Cite web|url=https://en.hespress.com/46655-king-mohammed-vi-calls-for-gender-equality-reforms-during-throne-day-speech.html|title=King Mohammed VI calls for family code reform during Throne Day speech|date=July 30, 2022|website=Hespress English}}</ref> continues to manifest a national intention to further separate church and state, sharia-based Penal Code provisions are drawn on by authorities to advance political objectives more often than to punish unislamic conduct. === Hate Speech & Religious Intolerance === ==== Extramarital Relationships ==== Extramarital relations or adultery are not only prohibited by Islamic law but also criminalized by Articles 490 and 491 of the Moroccan Penal Code.<ref name=":14" /> The Code indeed attaches up to two years of prison time to individuals stepping out of an existing marriage or engaging in pre-marital relations.<ref>''Id''.</ref> This norm is deeply engrained within Moroccan society's notion of honor, and was further reinforced by French colonial institutionalization of Christian morality and values within the Penal Code.<ref>{{Cite web|url=https://www.ohchr.org/sites/default/files/documents/cfi-subm/2308/subm-colonialism-sexual-orientation-oth-ourkiya.pdf|title=Gender and Sexual Orientation in Postcolonial Morocco: An overview|last=Ourkiya|first=Asmae|website=OHCHR}}</ref> Moroccan authorities however, have grown increasingly tolerant of extramarital relationships in recent decades and very sporadically enforce the applicable portion of the Code, though it was never formally amended.<ref>{{Cite web|url=https://medium.com/@emmadavis/behind-closed-doors-f0cbc7d42a99|title=Behind Closed Doors|last=Davis|first=Emma|date=August 25, 2015|website=Medium}}</ref> In fact, the Justice Minister put an end to the long established practice of requiring couples at hotels to present a marriage certificate before booking a room in 2023.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2024/05/19102/moroccans-divided-over-lifted-ban-on-marriage-certificate-requirement-in-hotels/|title=Moroccans Divided Over Lifted Ban on Marriage Certificate Requirement in Hotels|last=Zouiten|first=Sara|date=May 27, 2024|website=Morocco World News}}</ref> Dating publicly carved its place in Moroccan society and turning a blind eye to the implications of this new reality serves the greater good by preserving law enforcement resources, and better aligning with the ICCPR's right to privacy.<ref>{{Cite web|url=https://www.hrw.org/news/2019/12/04/morocco-landmark-proposals-individual-freedoms|title=Morocco: Landmark Proposals on Individual Freedoms|date=December 4, 2019|website=Human Rights Watch}}</ref> Moroccan authorities do not always choose to display tolerance for extramarital relationships however, and use the Penal Code as a fallback to control and censor communication. Hicham Mansouri, a Moroccan journalist who had been working on a piece about electronic state surveillance, was arrested for adultery along with his partner and sentenced to 10 months in prison in 2015.<ref>{{Cite web|url=https://gijn.org/stories/the-moroccan-journalist-who-fled-his-country/|title=The Moroccan Journalist Who Fled His Country|last=Fournier|first=Gaelle|date=July 22, 2019|website=Global Investigative Journalism Network}}</ref> Mansouri believes to have been targeted and wrongfully arrested to suppress his findings on the government and prevent their public dissemination.<ref>''Id''.</ref> The lack of consistency in the government's tolerance of extramarital relationships and the arbitrary convictions which result should ring the alarm for the need to reform the relevant sections of the Penal Code and remove backup routes to censorship disguised as religious and legal morality. ==== Blasphemy ==== Article 267 of the Penal Code works hand in hand with Article 70 of the Press Code to prohibit and criminalize blasphemous speech.<ref name=":12" /><ref name=":13" /> Blasphemy is sanctioned by the Penal Code by up to 2 years of prison time and $22,000 in fines.<ref name=":13" /> The crime is broadly construed as speech which offends or is aimed at causing harm to Islam.<ref name=":15">{{Cite web|url=https://www.hrw.org/news/2025/09/11/morocco-exonerate-release-activist-sentenced-for-blasphemy|title=Morocco: Exonerate, Release Activist Sentenced for Blasphemy|date=September 11, 2025|website=Human Rights Watch}}</ref> As a piece of the three untouchable subjects in Morocco, blasphemous speech is considered to be one of the worst forms of hate speech and is not tolerated in any way or under any context, unlike other sharia-based offenses.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2015/04/119734/morocco-toughens-law-against-blasphemy-sexual-harassment/#google_vignette|title=Morocco Toughens Law Against Blasphemy, Sexual Harassment|last=Arbaoui|first=Larbi|date=April 2, 2015|website=Morocco World News}}</ref> Though the Moroccan Constitution promotes pluralism of ideas and respect of all religions, speech mocking or discrediting Islam is a hard boundary.<ref name=":1" /> A human rights activist, Ibtissame Lachgar, was arrested and sentenced to 30 months in prison on blasphemy charges in addition to incurring a fine of $5,500 in 2025.<ref name=":15" /> Lachgar posted a picture of herself on social media wearing a shirt with the slogan "Allah is a lesbian" printed on it.<ref>''Id''.</ref> While the Moroccan communications regime approach to blasphemy may be regarded as extreme relative to international standards, it is at least consistent and predictable and does not seem to be leveraged as a way to accomplish covert political goals. == Cultural and Religious Expressions == Morocco represents the confessional state par excellence. The established religion of the Kingdom and its interaction with Morocco's communications law regime has become a pervasive theme across this project but deserves to be zoomed on further as it manifests through religious and cultural festivals, and as it creates space for wider religious tolerance and secularism in parallel. Islam was introduced to Western North Africa in the early eighth century and rapidly meshed in with pre-existing traditions though the two customs were vastly divergent, if not outright contradictory.<ref>{{Cite web|url=https://www.jstor.org/stable/1385007?casa_token=hafVZv9XaPkAAAAA%3AhPyKoUQ48sajpl_Rn6IMQ6LuXwCDSdF0abnhsloC4_wh9LnI8R6zTVQ0vHvFrozoBtn2wxZWdQZWfRYl7B4wOPqbPSA2-zFmb47OjNdZRM1kxzO2TpWQ&seq=1|title=Islam and Society-Formation in Morocco Past and Present|last=Hagopian|first=Elaine|date=1963|website=Jstor}}</ref> This unique intertwining of culture and spirituality is relatively absent in other confessional Muslim states across the Middle East and thus coined as "Moroccan Islam."<ref>''Id''.</ref><ref>{{Cite web|url=https://www.researchgate.net/publication/385062930_Morocco's_Distinctive_Islam_at_a_Crossroads_The_State's_Support_for_Sufism|title=Morocco’s Distinctive Islam at a Crossroads: The State’s Support for Sufism|last=Faitour|first=Mouad|date=2024|website=Multidisciplinary Digital Publishing Institute (MDPI)}}</ref> It is distinguished by its centrality on "strict adherence to the Maliki madhhab [Islamic school of thought], the veneration of the Prophet [pbuh] and the glorification of popularly acclaimed saints," as well as the legitimization of the royal family by virtue of its claimed holy lineage.<ref>{{Cite web|url=https://api.taylorfrancis.com/content/books/mono/download?identifierName=doi&identifierValue=10.4324/9780429293122&type=googlepdf|title=The Power of Islam in Morocco: Historical and Anthropological Perspectives|last=El Mansour|first=Mohamed|date=2020|website=Taylor & Francis Group}}</ref> This religious amalgam is so emblematic of the Moroccan social makeup that it is acknowledged in the preamble of the Constitution which attributes it to "the convergence of its Arab Islamist, Berber [amazighe] and Saharan-Hassanic [saharo-hassanie] components, nourished and enriched by its African, Andalusian, Hebraic and Mediterranean influences."<ref name=":16">{{Cite web|url=https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en|title=Morocco's Constitution of 2011|date=2012|website=Constitute Project}}</ref> Morocco's national cultural heritage laws and institutions as well as its commitment to international conventions insulate the right to organize and participate in feasts and festivals, though it remains unenumerated in the law.<ref>{{Cite web|url=https://whc.unesco.org/en/statesparties/ma|title=Morocco|website=UNESCO}}</ref><ref name=":02">{{Cite web|url=https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1043&context=jetlaw|title=The Right to Feast and Festivals|last=Riofrio|first=Juan C.|date=2021|website=HeinOnline|publisher=Vanderbilt Journal of Entertainment and Technology Law}}</ref> While continued religious adherence to a singular faith is palpable in Morocco through its mosques at every street corner, its resounding calls to prayer, and its legal system's clear Islamic influences, cultural – and even un-Islamic –traditions plainly co-exist within this landscape.<ref>{{Cite web|url=https://www.proquest.com/openview/d67085942480c47d50b89b670f3e51e8/1?pq-origsite=gscholar&cbl=5455932|title=Moroccan Culture and Religion in the 21st Century|last=Mbarek|first=Oukhouya Ali|date=Dec 2024|website=ProQuest|publisher=African Journal of Religion, Philosophy and Culture (AJRPC)}}</ref> Secularism and religious pluralism are moreover tolerated and accommodated as evidenced by the thousands of active churches and synagogues throughout the country or the Christmas trees and nativity scenes which rise across public spaces during the holidays of minority faiths.<ref>{{Cite web|url=https://www.worldjewishcongress.org/en/about/communities/MA|title=Morocco|website=World Jewish Congress}}</ref> Though imperfect in its neutrality and separation, Morocco presents a successful case study of the application of the principles of secularity and cooperation in a confessional state where festivals and feasts are treated as an informal right rooted in customary law. === The Co-Existence of Culture and Religion Through Festivals === ==== Eid Al-Adha ==== Major Islamic holidays are loudly celebrated by the state and the general public alike in Morocco, as is characteristic of the typical confessional state. The most festive of these holidays is Eid Al-Adha, or the Feast of Sacrifice, which involves the slaughter of a sheep in commemoration of Prophet Abraham's willingness to sacrifice his only son for the sake of God.<ref name=":22">{{Cite web|url=https://dn711206.ca.archive.org/0/items/TheFiqhOfEidAlAdha/TheFiqhOfEidAlAdha.pdf|title=The Fiqh of Eid Al-Adha|website=Archive.org}}</ref> Royal decree No. 2.05.916 of 2005 renders Eid Al-Adha a national religious holiday to be announced yearly by the head of government, and regulates working days and hours to allow for celebration and observance of the religious rituals associated with this holiday.<ref>{{Cite web|url=https://www.cg.gov.ma/en/node/12377|title=Exceptional Holiday on the Occasion of Eid al-Adha|date=May 30, 2025|website=Kingdom of Morocco Head of Government|archive-date=}}</ref> Up to three working days are declared public holidays for the occasion of Eid Al-Adha alone and employers who violate this mandate –regardless of their own or their employees confessional adherence – are subject to legal liability under the Moroccan Labour Code's Article 217.<ref>{{Cite web|url=https://www.mmsp.gov.ma/fr/nos-metiers/horaires-de-travail-et-jours-f%C3%A9ri%C3%A9s?|title=Horaires de travail et jours fériés|website=Ministère de la Transition Numérique et de la Réforme de l'Administration}}</ref><ref>{{Cite web|url=https://www.wipo.int/wipolex/en/legislation/details/7371|title=Loi n° 99-65 relative au Code du Travail (promulguée par Dahir n° 1-03-194|date=September 11, 2003|website=WIPO}}</ref> Though Eid Al-Adha can represent a temporary economic slowdown, it is valued by the state as not only a primordial religious duty but a tool of national cohesion and a means of honoring the state's commitment to freedom of religion and cultural participation rights under the UDHR, the ICCPR, the ICESCR as well as the African Charter.<ref name=":32">{{Cite web|url=https://books.google.com/books?hl=en&lr=&id=r92qEQAAQBAJ&oi=fnd&pg=PT9&dq=eid+el+adha+morocco&ots=g308Ob2CLU&sig=OgskrYQvBHT_KCU7i8WxMs35No0#v=onepage&q=eid%20el%20adha%20morocco&f=false|title=Morocco - Culture Smart!: The Essential Guide to Customs & Culture|last=York|first=Jillian C.|website=Google Books}}</ref><ref name=":72">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights|title=International Covenant on Civil and Political Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref><ref name=":42">{{Cite web|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights|title=International Covenant on Economic, Social and Cultural Rights|date=December 16, 1966|website=Office of the High Commissioner of Human Rights}}</ref><ref>{{Cite web|url=https://www.african-court.org/wpafc/wp-content/uploads/2020/04/AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS.pdf|title=AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS|website=African-Court}}</ref><ref name=":17">{{Cite web|url=https://www.un.org/en/about-us/universal-declaration-of-human-rights|title=Universal Declaration of Human Rights|website=United Nations}}</ref> The observance of this holiday and the days of rest consecrated to its celebration are treated as an unspoken right of Moroccan citizens and residents, and end in and of itself.<ref name=":02" /> King Mohammed VI described the importance of the celebration of Eid Al-Adha as follows: "The celebration of this feast is not a fleeting occasion; rather, it carries strong religious meanings, reflecting the deep connection of My faithful subjects with the various aspects of our Sacred religion and their will to draw closer to the Almighty and to strengthen social and family ties through this revered occasion."<ref>{{Cite web|url=https://www.cg.gov.ma/en/node/12213?utm_source=chatgpt.com|title=HM the King, Commander of the Faithful, Sends Message to His Faithful People Regarding Abstention from Performing Eid Sacrifice Ritual|date=February 26, 2025|website=Head of Government}}</ref>[[File:Bwjlwd.jpg|left|thumb|400x400px|Boujloud Festival celebrated in the city of Agadir in 2020 Captured by Imad Bennaceur]]Eid customs in Morocco satisfy all four elements of the feast and are as such protected by the Moroccan government which itself actively participates in the festival.<ref name=":02" /> Muslims beyond Morocco partake in Eid Al-Adha primarily because it is mentioned in the Quran and is a 'sunnah,' or a practice of the Prophet Muhammad (pbuh);<ref name=":22" /> but in Morocco specifically, where poverty and food diversification remains a challenge, Eid Al-Adha represents some Moroccans' main yearly source of meat and thus another reason to celebrate.<ref>{{Cite web|url=https://www.worldbank.org/en/country/morocco/publication/poverty-in-morocco-challenges-and-opportunities|title=Poverty in Morocco: Challenges and Opportunities|date=April 9, 2018|website=World Bank Group}}</ref> Indeed, the Statistics and Forecasts Office reports that Eid Al-Adha sheep amount to 41% of the yearly meat expense for the poorest 10% of Moroccan households.<ref>{{Cite web|url=https://barlamantoday.com/2024/06/11/moroccan-household-meat-consumption-increases-during-feast-of-sacrifice-hcp/|title=Moroccan Household Meat Consumption Increases during Feast of Sacrifice, HCP|last=Essassi|first=Donya|date=June 11, 2024|website=Barlaman Today}}</ref> Eid celebrations commence with believers wearing their finest clothing to congregate by the thousands for morning Eid prayer.<ref name=":52">{{Cite web|url=https://www.moroccoworldnews.com/2024/06/18353/eid-al-adha-in-morocco-a-celebration-of-faith-and-tradition/|title=Eid Al Adha in Morocco: A Celebration of Faith and Tradition|last=Daoudi|first=Asmae|date=June 17, 2024|website=Morocco World News}}</ref> The King, or Commander of the Faithful, is broadcasted on national television every year as he and his family attend Eid prayer and later observe the sacrificial ritual.<ref>{{Cite web|url=https://en.hespress.com/112674-video-king-mohammed-vi-performs-eid-al-adha-prayer-in-tetouan.html|title=Video: King Mohammed VI performs Eid Al Adha prayer in Tetouan|date=June 7, 2025|website=Hespress English}}</ref><ref>{{Cite web|url=https://www.youtube.com/watch?v=qKn6q-LbmDg|title=Roi Mohammed VI Aïd Al-Adha la mosquée Hassan II de (Tétouan)|date=June 7, 2025|website=Youtube}}</ref> As the head of state, this public airing of the King's personal practice is a symbolic reaffirmation of the state's creedal identity. Families across the country simultaneously reunite to go through the steps of the religious sacrifice together, cook and eat meals specifically dedicated to Eid Al-Adha using the sacrificed animal(s)'s meat, and spend the rest of the day rejoicing and celebrating at the sound of both traditional music and religious chants.<ref name=":52" /> Leftover meat is traditionally frozen and given to charity or used by families for up to months after the celebration of Eid Al-Adha.<ref>''Id''.</ref> ==== The Boujloud Festival ==== [[File:Boujloud.jpg|thumb|350x350px|Close-Up of Boujloud costumes Captured by Hassan Ahachi]] "Morocco is a land of vivid contrasts"<ref name=":32" /> and Eid Al-Adha is by that token not celebrated in isolation. The Boujloud festival quickly emerges in the days following Eid Al-Adha, primarily in the Southern regions of Morocco including Agadir and the Souss Valley.<ref name=":52" /> Boujloud translates to "the father of skins" and evokes airs of halloween or the day of the dead whereby young men clothe themselves in sheep skin and paint their faces to march through the streets accompanied by music, dance and laughter.<ref>''Id''.</ref> While the theme of the sheep may suggest an extension of Eid Al-Adha celebrations Boujloud, like Halloween, has pre-islamic pagan roots.<ref>{{Cite web|url=https://medium.com/@benznanamohamed/the-boujloud-carnival-moroccos-intriguing-mosaic-of-tradition-rebellion-and-revelry-b0437e5844af|title=The Boujloud Carnival: Morocco’s Intriguing Mosaic of Tradition, Rebellion, and Revelry|last=Benznana|first=Mohamed|date=July 8, 2023|website=Medium}}</ref> The festival originates in Berber or Amazigh tradition as well as Christian and Jewish folklore, and represents the eternal punishment of a man turned animal after offending the sanctity of a holy place.<ref>''Id''.</ref><ref>{{Cite web|url=https://moroccotomorrow.org/the-jajouka-master-musicians-a-universal-hymn-to-tolerance-and-peace-from-morocco-to-the-world-analysis/|title=The Jajouka Master Musicians: A Universal Hymn To Tolerance And Peace From Morocco To The World – Analysis|date=September 16, 2019|website=Morocco Tomorrow}}</ref> By celebrating this pagan tradition in the days directly following an Islamic holiday of all times, some religious scholars have interpreted the festival as going counter to Islamic law and principles.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2024/06/18355/boujloud-where-sheepskins-and-spirits-intertwine/|title=Boujloud: Where Sheepskins and Spirits Intertwine|last=Faouzi|first=Adil|date=June 17, 2024|website=Morocco World News}}</ref> Yet, the Moroccan state protects the people's right to celebrate Boujloud as part of their cultural heritage under the Moroccan Constitution and UNESCO norms. Indeed, the Constitution expressly recognizes the right to indigenous cultural expression under Article 5 while the ICESCR highlights the right to take part in cultural life.<ref name=":16" /><ref name=":42" /> The King has also established the Royal Institute of Amazigh Culture which supports and funds indigenous cultural celebrations like Boujloud.<ref>{{Cite web|url=https://www.ircam.ma/fr/textes-fondateurs/texte-du-dahir|title=Texte du Dahir|website=Institut Royal de la Culture Amazighe}}</ref> In conjunction, Morocco is party to the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of which Article 2 specifically protects "social practices, rituals and festive events."<ref>{{Cite web|url=https://ich.unesco.org/en/convention|title=Text of the Convention for the Safeguarding of the Intangible Cultural Heritage|website=UNESCO}}</ref> While the right to feasts and festivals is not formally enshrined in Moroccan or international law, Morocco has proved successful and consistent at safeguarding it indirectly under its customary law and ensuring the continued celebration of festivals like Boujloud despite their un-Islamic nature. === The Place of Secularism in Morocco === Feasts and festivals need not be strictly religious or cultural in nature to be afforded protection under the state, and Morocco holds many such celebrations for which the reason to feast is completely secular.<ref name=":02" /> The protection of secular festivals finds footing partly in the Moroccan Constitution which guarantees the freedom of religion, thought and opinion as well as the public powers' support "to the development of cultural and artistic creation . . . in an independent manner and on democratic" bases.<ref name=":16" /> The ICCPR's rights to freedom of assembly, including public festivals, further supports an informal right to secular feasts and festivals. One of the most prominent secular festivals in Morocco is the Mawazine music festival established in 2001 under the direct authority of King Mohammed VI.<ref>{{Cite web|url=https://mawazine.ma/en/le-festival-mawazine/presentation-du-festival/|title=Presentation|website=Mawazine.ma}}</ref> Mawazine takes place yearly in the Kingdom's capital, Rabat, and hosts some of the world's most popular artists the likes of Rihanna, Shakira, or Pitbull.<ref>''Id''.</ref> The given reason for the festival, beyond respect for and advancement of art, is the "promotion of the Kingdom’s values and uphold[ing] a message of tolerance, openness, respect and dialogue" as well as the "democratization of culture in Morocco."<ref>''Id''.</ref> The festival attracts up to two million friends and families every year who gather to dance, sing, and cheer on their favorite performers.<ref>''Id''.</ref> This being said, the majority of renowned secular feasts and festivals in Morocco remain under state control or royal patronage which creates significant risk for potential censorship and over-regulation of independent and secular celebrations.<ref>{{Cite web|url=https://heinonline.org/HOL/Page?public=true&handle=hein.journals/mistjintl32&div=6&start_page=25&collection=journals&set_as_cursor=0&men_tab=srchresults|title=STRUGGLES AND TRIUMPHS: AMAZIGH CONSTITUTIONAL CLAIMS AND BUREAUCRATIC DISENTITLEMENT IN MOROCCO|last=Castaneda|first=Heide|website=HeinOnline}}</ref> == Privacy & Data Protection == Privacy, intimacy, and secrecy are often treated interchangeably in colloquial language due to their heavy overlap.<ref>{{Cite web|url=https://heinonline.org/HOL/Page?handle=hein.journals/yljfor123&id=356&collection=journals&index=|title=Secrecy, Intimacy, and Workable Rules: Justice Sotomayor Stakes Out the Middle Ground in United States v. Jones|date=March 24, 2014|website=HeinOnline|publisher=The Yale Law Journal Forum}}</ref> The legal implications and rights which arise out of the nuances between these three concepts nevertheless call for their differentiation, though modern technologies render this task particularly difficult.<ref>''Id''.</ref> Moroccan domestic law, like the majority of communications law regimes, clearly addresses privacy rights while intimacy and secrecy somewhat lag behind.<ref>{{Cite web|url=https://privacyinternational.org/state-privacy/1007/state-privacy-morocco|title=State of Privacy Morocco|date=January 26, 2019|website=Privacy International}}</ref> Morocco was the first African state to adopt a formal data protection framework in 2009 through law 09-08 which was modeled after the French Data Protection Act and the EU Data Protection Directive 95/46/EC. <ref name=":18">{{Cite web|url=https://www.recordinglaw.com/world-laws/world-data-privacy-laws/morocco-data-privacy-laws/|title=Morocco Data Privacy Laws: Law 09-08 Compliance Guide (2026)|date=March 28, 2026|website=Recording Law}}</ref> In accordance with its broader modernization efforts, Morocco's approach to data protection is distinct from that of other MENA states, and has taken on transparency and access to information as a general rule while strict secrecy is treated as the exception.<ref>{{Cite web|url=https://www.mmsp.gov.ma/fr/nos-metiers/droit-d%E2%80%99acc%C3%A8s-%C3%A0-l%E2%80%99information?utm_source=chatgpt.com|title=Droit d’accès à l’information|website=Ministère de la Transition Numérique et de la Réforme de l'Administration}}</ref> The invocation of this exception and its breadth however, give public authorities considerable deference to restrict access to information especially when it is related to the recurring triangle of the monarchy and national security, Islam as the state's official religion, and territorial integrity.<ref>{{Cite web|url=https://digitalcollections.sit.edu/cgi/viewcontent.cgi?article=3545&context=isp_collection|title=Violating of Individual Privacy: Moroccan Perceptions of the Ban of VoIP Services|last=Delhees|first=Tyler|date=December 4, 2016|website=SIT Digital Collections}}</ref> === The Moroccan Data Protection Framework === Much like the rest of the world in 2026, the vast majority of Moroccans of all age groups have a strong digital presence with over 92% of the population possessing an online footprint – making Morocco one of the continent's most digitally connected nations.<ref>{{Cite web|url=https://www.moroccoworldnews.com/2025/11/267078/morocco-2026-digital-report-92-of-the-population-now-online/|title=Morocco 2026 Digital Report: 92% of the Population Now Online|last=Moho Amer|first=Oumaima|date=November 8, 2025|website=Morocco World News}}</ref> Moreover, 59% of Moroccans are active on social media platforms like Facebook or TikTok which are known to gather a series of sensitive personal data on their users.<ref>{{Cite web|url=https://en.hespress.com/125146-moroccos-internet-users-reach-record-35-5-million-as-digital-shift-accelerates.html|title=Morocco’s internet users reach record 35.5 million as digital shift accelerates|date=November 9, 2025|website=Hespress English}}</ref> Morocco, through its domestic and international regulatory framework, formally embraces privacy rights and protects intimacy within certain domains but the digital space's collection and storage of personal information poses an oversight challenge to the legal regime as it stands. ==== Domestic & International Regulation ==== Data protection in Morocco takes root in constitutional privacy guarantees. Article 24 of the Moroccan Constitution is indeed dedicated to the delineation and protection of citizens' right to privacy, and explicitly states that "any person has the right to the protection of their private life."<ref name=":1" /> Within the umbrella of private life, private communications in all their forms are specifically enumerated as protected and enjoy a strictly "secret" status, unless justice authorizes "under the conditions and following the forms provided by the law, the access to their content, their total or partial divulgation or their summons at the demand of whosoever."<ref name=":1" /> Finally, Article 24 renders one's domicile an inviolable intimate space where "searches may only intervene in the conditions and the forms provided by the law."<ref name=":1" /> Based on Moroccan constitutional law alone, private life and communications are afforded robust protections but are nonetheless always qualified by exceptions to be leveraged as authorities deem necessary.<ref>{{Cite web|url=https://www.researchgate.net/publication/382583052_The_protection_of_personal_data_according_to_the_civil_and_criminal_Moroccan_laws_in_light_of_jurisprudence|title=The protection of personal data according to the civil and criminal Moroccan laws in light of jurisprudence|last=Gaagouch|first=Anass|date=March 2024|website=Research Gate}}</ref> Expanding upon the constitutional foundation of privacy rights, law 09-08 governs data processing by public and private entities operating in Morocco and treats the privacy concerns implied by such processes.<ref name=":19">{{Cite web|url=https://www.cndp.ma/wp-content/uploads/2023/11/Loi-09-08-Fr.pdf|title=Loi n 09-08 relative à la protection des personnes physiques à l’égard du traitement des données à caractère personnel|date=February 18, 2009|website=CNDP}}</ref> This statute arising out of Royal Decree 1-09-15 recognizes a right to the protection of personal and sensitive data as information pertaining to private life. Personal data is defined by law 09-08 as "any information, regardless of its nature, including sound and image, relating to an identified or identifiable physical person."<ref>''Id''.</ref> Identifiability in this context may be direct or indirect and includes references to identity-specific attributes such as identification numbers.<ref name=":20">{{Cite web|url=https://korte-law.com/data-protection-privacy-law-morocco|title=Data Protection and Privacy Law in Morocco|last=Korte|first=Zakaria|website=Korte Law}}</ref> Sensitive data on the other hand is distinguished as information relating to racial or ethnic origin, political, religious, or philosophical opinions, as well as trade-union membership or health, genetic, and biometric data.<ref name=":19" /> Due to its relatively higher risk of harm if misused, sensitive data enjoys more stringent protection measures under law 09-08 such as obtention of prior authorization by the appropriate regulatory body.<ref>''Id''.</ref> The statute also introduces the requirement of free and informed consent prior to the use of personal data, as well as the need for a legitimate purpose for the collection of said data.<ref>''Id''.</ref> Private data must in addition not be retained longer than can be shown necessary, and must be kept within measures designed to maintain its confidentiality.<ref>''Id''.</ref> Law 09-08 is wide-reaching in that it encompasses all operations – automated or not– involving personal and sensitive data, including "collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, alignment, combination, blocking, erasure, or destruction."<ref name=":20" /> The statute encompasses digitally processed data but presents important gaps when faced with the modern technological environment, including algorithmic profiling and advanced surveillance systems.<ref>{{Cite web|url=https://www.researchgate.net/publication/396906896_Toward_a_Risk-Based_Data_Governance_Framework_in_Morocco_Aligning_Law_09-08_with_GDPR_Principles|title=Toward a Risk-Based Data Governance Framework in Morocco: Aligning Law 09-08 with GDPR Principles|last=Bouiti|first=Soufiane|last2=Altdaoud|first2=Mohammed|date=October 2025|website=Research Gate}}</ref> Though much less comprehensive, Morocco is bound by treaties it has ratified at the international level to the respect and protection of privacy rights as well as the intimacy of individuals within certain sectors of private life. Both Article 24 of the UDHR and Article 17 of the ICCPR prohibit "arbitrary interference with [one's] privacy, family, home or correspondence, [and] attacks upon his honour and reputation."<ref name=":17" /><ref name=":7" /> These international instruments, despite their limited scope, complete the Moroccan data protection framework by supplementing and reinforcing protections surrounding intimate life which are limited to the home under Moroccan domestic law. ==== The CNDP ==== The National Commission for the Control of Personal Data Protection (CNDP) is an oversight and enforcement regulatory body created by Articles 1 and 2 of law 09-08.<ref>{{Cite web|url=https://www.cndp.ma/qui-sommes-nous/|title=Qui sommes-nous ?|website=CNDP}}</ref> The Commission is empowered to monitor the processing of personal data to ensure its lawful and legitimate storage and use under its mother statute, as well as employ corrective measures where personal and sensitive data are infringed upon.<ref>''Id''.</ref> Though law 09-08 touches on digitally obtained data, the CNDP's enforcement enforcement capacity is primarily legal and administrative and not tailored to cyber risk. The CNDP oversees a prior registration system through which it receives all data processing requests and has the jurisdiction to impose further conditions or deny authorization altogether.<ref>''Id''.</ref><ref name=":18" /> An organization's failure to request authorization for data processing where required under the CNDP system may expose it to criminal liability under law 09-08.<ref name=":18" /> The Commission indeed has the authority to investigate cases of personal data misuse and refer them to the public prosecutor to initiate legal proceedings against offender organizations.<ref>{{Cite web|url=https://practiceguides.chambers.com/practice-guides/data-protection-privacy-2026/morocco|title=Data Protection & Privacy 2026|date=March 10, 2026|website=Chambers and Partners}}</ref> == Right to Bodily, Spiritual, & Digital Identity == == Sources Cited == tpkit10s4narwbb8qenmm4mclfm9pyj User:Dekatriofovia 2 328326 2809411 2809127 2026-05-15T01:54:18Z Dekatriofovia 3058633 Why I chose Stephen Colbert 2809411 wikitext text/x-wiki Disclosure: I created an alt account called [[User:ThinkingScience]] which should never be allowed to vote or participate in a way that a regular account does and if you see any such voting behavior etc. please block that account. Thank you! As planned I am editing both this userpage and the userpage on the alt I created. Then you know it's me: User:Dekatriofovia == Main idea, should be on my alt account == * The diary of this "main account": [[User:Dekatriofovia/Temporary_ND_Inspired_Idea_Notebook|Temporary Daily Diary of ND Inspired Idea]] ** My alt diary [[User:ThinkingScience/ND_Inspired_Idea_Notebook|Daily Diary of ND Inspired Idea]] === S === ==== Stephen Colbert ==== Stephen Colbert(chosen based on inputting "tom hanks taylor swift" into YouTube and the 4th video(excluding "shorts") considered being potentially to be in good taste, but seeing video in progress...host of comedy show Stephen Colbert) at May 14, 2026 on a Thursday. Stephen Colbert was chosen not while searching for the next person to choose but searching YouTube for if Tom Hanks has ever met Taylor Swift and I was hoping I'd ie. see them together in an interview, I don't know what I expected really. So easy to make a search nowadays and get results. This was the 4th YouTube video title, excluding the shorts: {{quote|Tom Hanks On Life During WWII, His Favorite Tom Hanks Movie Moments, And Why Almond Milk Isn't Real}} by YouTube channel: {{quote|The Late Show with Stephen Colbert}} == Coursera, most notes should be on my alt account == I've started '''Coursera''' since March 14, 2026. I don't understand completely what it is but I might assume it's some sort of "course material" and that there are no classmates and no "teachers". I don't understand what's going on but I'm thinking about creating notes. The course I'm on is "Classical Sociological Theory" and I can put my '''course notes''' in draft space. Here: [[User:Dekatriofovia/Draftspace/Coursera]] == References == Rather use [[User:ThinkingScience]] when possible. Much better for my health! === Alt Reference 1 === I chose Stephen Colbert even though the first video I chose/choose to watch to do my video notes in, and I want it to be in a "Do no harm" way, is a comedy video but I'm hoping that my notes will be respectful both to Tom Hanks and to Stephen Colbert. Anyway the notes I later plan to add can be very "neutral". In the end if nothing else was allowed, only saying "these two people are alike" or saying they are not may be enough. According to this "idea" it's very hard to find 2 people who are alike in the way that is based on my "idea", because it assumes a "perfect match". Any questions about this choice, please visit my talk page and let me know there. Thank you! g9jmscoym8hz94buft8ytf7xjixmvig Media Literacy and You/Media consolidation, social media, and political polarization 0 328590 2809434 2806900 2026-05-15T06:15:48Z DavidMCEddy 218607 /* Fairness Doctrine */ add summary of Nadler interview 2809434 wikitext text/x-wiki :''I am entitled to my [[Wiktionary:cockamamie|cockamamie]] ideas, and you are entitled to yours.'' [Humor is important but must be offered in a way that does not offend others. If others are offended, they may be less interested in dialogue.] :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. The previous chapter on [[Media Literacy and You/The impact of the media on political economy since the time of the Pharaohs|The impact of the media on political economy since the time of the Pharaohs]] describes how hierarchical societies prior to King James of the King James bible were divided between those who fought, prayed, and worked. It was the responsibility of those who prayed to convince those who worked to live in poverty while giving increasing shares of what they produced so those who fought and prayed could live lives of leisure and opulence. During the reign of King James, pamphlets and newspapers began to compete with the church for helping commoners understand their roles in society. This produced the Industrial Revolution and modern democracies. Media consolidation since World War II gradually slowed and then reversed this trend. Then a chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]] describes how Fox convinced its audience and a critical mass of the electorate that President Franklin Roosevelt (FDR)'s New Deal made the Great Depression ''worse'', not better. That chapter provides plots that seem to contradict the "experts" featured by Fox. The existence of that contrary evidence suggests that by talking politics calmly and respectfully with others with whom we may vehemently disagree, we may be able to build a culture in which we can agree to disagree agreeably and collaborate effectively to study the available evidence and make progress on issues of common concern. This chapter discusses the relative importance of the US [[w:Postal Service Act|Postal Service Act]] of 1792, the consolidation of ownership of the major media since the end of World War II, the rise of social media, in recent decades, and the evolution of political polarization in the history of the [[w:United States Congress|US Congress]]. == American Revolution and the US Postal Service Act of 1792== A major concern of the [[w:Continental Congress|Continental Congress]] meeting in Philadelphia between 1774 and 1789 was censorship of the press by King [[w:George III|George]]'s postal service. The revolutionaries agreed that the survival of their experiment in Republican government depended on an electorate with access to diverse views. Those discussions led to the US [[w:Postal Service Act|Postal Service Act]] of 1792, under which newspapers were delivered up to 100 miles for a penny when first class postage was between 6 and 25 cents. Those subsidies gave the young United States of American more independent newspaper publishers per million population in the early nineteenth century than at any other time or place in human history.<ref>John and Graves (2025). John (1995).</ref> These subsidies amounted to roughly 0.21 percent of GDP in 1841, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, pp. 310-311, note 88).</ref> [[w:Alexis de Tocqueville|Alexis de Tocqueville]], who visited the relatively young United States in 1831, wrote, "There is scarcely a hamlet that does not have its own newspaper."<ref>Tocqueville (1835, p. 93).</ref> That diversity of independent newspaper publishers per million population began to decline in the 1850s and 1860s as high speed rotary presses reduced the per issue cost of printing a newspaper while increasing the capital required to start a newspaper.<ref>John and Silberstein-Loeb (2015, p. 80).</ref> However, that diversity did not disappear overnight. It apparently continued to encourage literacy and limit political corruption, both of which helped the US stay together and grow in land area and average annual income while expanding the right to vote as contemporary New Spain, then Mexico, fractured, shrank and stagnated economically. The Wikiversity article on "[[The Great American Paradox]]" suggests three reasons why the young US fared better than Mexico and other countries in that "[[w:Age of Revolution|Age of Revolution]]" from late late-18th to the mid-19th centuries:<ref>"[[The Great American Paradox]]" accessed 2026-02-12.</ref> # '''Advanced democracy before the revolution''': The British colonies that rebelled in 1776 already had possibly the most advanced democratic culture on the planet at that time. Acemoglu and Robinson document how the British colonies that became the US all initially ''failed'' until they switched from autocratic, extractive governance to giving property to substantial portions of the population and a voice in a colonial legislature to all adult male property owners.<ref>Acemoglu and Robinson (2012, pp. 26-27).</ref> By 1776 almost 60 percent of adult white males could vote, and the violence of the Revolution did not change that.<ref>Keyssar (2000, pp. 7, 24); Graves (2005).</ref> # '''Citizen-directed subsidies for news''': Citizen-directed subsidies for newspapers provided by the [[w:Postal Service Act|US Postal Service Act of 1792]] helped limit political corruption and encourage literacy, as previously mentioned. # '''Washington did not win the Revolution''': Some historians insist that Washington did not win many battles. His success came from attracting enough humans to join the [[w:Continental Army|Continental Army]] and keep it in the field for the 6.5 years between the "[[w:Shot heard round the world|Shot heard round the world]]" at [[w:Battles of Lexington and Concord|Lexington and Concord]], 1775-04-19 to the surrender of [[w:Charles Cornwallis, 1st Marquess Cornwallis|General Cornwallis]] at [[w:Siege of Yorktown|Yorktown]] 1781-10-19<ref>e.g., Phelps (2001). Washington was perpetually short of supplies. His own state of Virginia often could not send their allotment of troops, because they were needed for slave patrols, as reported by Nash (2005, pp. 344-345). Many in Washington's army often did not have shoes. This made it hard for them to move, especially in the winter, because the British could easily follow the blood in the snow, as mentioned by Raphael (2001, p. 89).</ref> and keep from getting captured.<ref>Ferling (1988).</ref> He was active enough to provoking the British to do stupid things and manufacture enemies for themselves without getting captured or otherwise defeated during that period. Standard histories of the American Revolution begin with the [[w:Battles of Lexington and Concord|Battles of Lexington and Concord]], 1775-04-19. This in essence initiated the [[w:Siege of Boston|Siege of Boston]]. [[w:Siege of Boston#Stalemate|General Washington arrived]] 3.5 months later on 1775-07-02. During the following 8 months, the revolutions managed to install heavy artillery on [[w:Fortification of Dorchester Heights|Dorchester Heights]], which overlooked Boston harbor in a way that could prevent the British from getting more supplies. The British retreated. During the next five years, the revolutionaries won enough battles to encourage the French to provide more support [[w:Southern theater of the American Revolutionary War|until the British general Cornwallis]] constructed a fortified naval port at Yorktown, where he could be resupplied or evacuated. Then [[w:Battle of the Chesapeake|the French navy bottled up the Chesapeake]] while French military units helped Washington convince Cornwallis to surrender.<ref>Graves (2005).</ref> Historians describe the "[[w:Age of Revolution|Age of Revolution]] as starting with the [[w:Age of Revolution#American Revolution (1765–1783)|American Revolution (1765–1783)]], encompassing revolutionary violence in many countries from Europe to Latin America, the vast majority of which arguably replaced one brutal repressive system with another. Many got improvements in the rule of law through adoption of procedures like the [[w:Napoleonic Code|Napoleonic Code]], but few got substantive improvements in democracy. [[The Great American Paradox|The US is ''not'' an exception]]: Almost 60 percent of adult white males could vote before the revolution, and the violence of the revolution did not change that. This is consistent with the [[Freedom and abundance|twenty-first century research by Chenoweth and Stephan (2011), which found no change in the average level of democratization in the over 200 violent revolutions of the twentieth century. By contrast, win or lose, major nonviolent governmental change efforts increased the average level of democratization. Between 1792 and 1920 the right to vote was gradually extended to all adult males then to females, supported by political agitation and a media system whose ownership was still quite broadly held. During the 1930s with over 20 percent of the workforce unemployed, newspapers could not retain an audience by blaming the unemployed for their plight. That environment helped the Franklin Roosevelt administration get popular support to tax the ultra-wealthy like they had never been taxed before or since. And during world War II, FDR got the support needed to impose wage and price controls to limit price gouging that had stifled economic growth and generated inflation in previous major wars, like the War of 1812, the Civil War and World War I. The result was unprecedented economic growth with only nominal inflation, as documented in the chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]. == The consolidation of ownership of the major media since the end of World War II == The development of broadcasting differed from that of newspapers in at least two ways that may have had a substantial impact on concentration of ownership: # It is not easy to charge for what is broadcasted without government intervention, unlike newspapers, which can charge for a copy of the paper. # Content for broadcasting has been easily and quickly shared between different broadcasters by electronic means. That increases the incentives for organizational integration among broadcasters over what was available between the time that [[w:List of the oldest newspapers|newspapers started appearing in the 1600s]] and two centuries later as steam and later electronics began to dramatically increase the speed of communications. [[w:History of broadcasting|As radio technology was being developed, many governments established state-sponsored networks]], sometimes with competing commercial systems. Developments in intellectual property law since the 1600s also made it easier for major corporations to dominate the development of broadcasting. [[w:Guglielmo Marconi|Guglielmo Marconi]] was a leader among many attempting to develop wireless telegraphy in the late nineteenth century. [[w:Guglielmo Marconi#Transmission breakthrough|In 1895 he demonstrated a transmitter and receiver]] able to communicate up to two miles. [[w:Invention of radio|A few years later it was used for ship-to-shore]] communications. In the US, Marconi [[w:Broadcasting in the United States#Commercial development|Marconi]] created the [[w:Marconi Wireless Telegraph Company of America|Marconi Wireless Telegraph Company of America]] in 1899, which was nationalized by the US government during [[w:World War I|World War I]]. After the war, US government officials did ''not'' want to return control of the company to its British owners, so it was sold in 1919 as a [[w:patent trust|patent trust]] called [[w:Radio Corporation of America|Radio Corporation of America]], owned by a partnership of [[w:General Electric| General Electric]] (GE), [[w:Westinghouse|Westinghouse]], [[w:AT&T Corporation|AT&T]] and [[w:United Fruit Company|United Fruit]]. Their mission was to make and sell radio equipment. In 1926 they created the [[w:NBC#History|National Broadcasting Company (NBC)]] to produce content. [[w:Competition law|Antitrust action]] in 1932 forced GE to sell RCA and NBC. The [[w:Columbia Broadcasting System|Columbia Broadcasting System]] (CBS) began in 1927. NBC split into "Red" and "Blue" networks. In 1939 antitrust action forced NBC to divest its Blue network, which became the [[w:American Broadcasting Company|American Broadcasting Company]] (ABC). A decade later, in 1949 ABC merged with United Paramount Theatres after antitrust action forced the latter to divest itself from its movie production business. There were other, smaller networks, but as television became feasible, NBC, CBS, and ABC became the "[[w:Big Three (American television)|Big Three]]" dominating television in the US after [[w:World War II|World War II]]. Biased reporting by that [[w:Oligopoly|oligopoly]] facilitated the rise of [[w:McCarthyism|McCarthyism]] and have made politicians unelectable unless they support policies contrary to the best interests of the vast majority of their constituents, as discussed in the rest of this book. The decline in inequality documented in Figures 4 and 5 of the chapter on "[[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]" meant that the ultra-wealth could not afford as many personal servants, and the success of iconoclasts like [[w:Ralph Nader|Ralph Nader]] threatened their control of the political economy. Meanwhile the media coverage given to the [[w:Civil rights movement|civil rights movement]] of the 1950s and 1960s generated a backlash among those who resented the loss of their previous racial-based social superiority and complained that the mainstream media had a liberal bias. These claims were already well established by the time [[w:Richard Nixon|Richard Nixon]] became US president in 1969.<ref>Major (2019).</ref> In this environment, [[w:Lewis F. Powell Jr.|Lewis Powell]] wrote a confidential memorandum titled, "Attack on American Free Enterprise System"<ref>Powell (1971).</ref> for the [[w:United States Chamber of Commerce|US Chamber of Commerce]] after he had agreed to serve on the [[w:Supreme Court of the United States|US Supreme Court]] but before he was officially nominated. This memo recommended that business elites fund a conservative research organizations and "monitor" the media and activities on universities and become more politically active in lobbying to support the interests of big business. That inspired of multiple right-wing think tanks and lobbying organizations that have since had a major influence on the US political economy. This includes the creation of the [[w:Business Roundtable|Business Roundtable]] on 1972-10-13, [[w:The Heritage Foundation|The Heritage Foundation]], 1973-02-16, the [[w:American Legislative Exchange Council|American Legislative Exchange Council]] (ALEC), September 1973, the [[w:Cato Institute|Cato Institute]], January 1977, and the [[w:Manhattan Institute for Policy Research|Manhattan Institute for Policy Research]], in 1978. As documented in the chapter on [[Media Literacy and You/Criminal justice|Criminal justice]], beginning around 1975 the major media fired nearly all their investigative journalists and replaced them with the police blotter. This replaced reporting on questionable business practices with individual crime. The public thought that crime was out of control, when there had been no substantive change in crime. They voted in a generation of politicians promising to get tough on crime, and the portion of the US population in state and federal prisons shot up from roughly 0.1 percent, where it had been over the previous 50 years, to closer to 0.5 percent in the next 25 years. Beginning in the 1980s major corporations strengthened their control of the "Big Three" broadcast networks. [[w:NBC|GE bought RCA including NBC]] in late 1986 and immediately divested itself of RCA's other assets, retaining only NBC. In 2004 they merged with the French media company [[w:Vivendi|Vivendi]], forming [[w:NBCUniversal|NBCUniversal]]. In 2011 Comcast purchased a controlling interest in NBCUniversal. And [[w:Westinghouse Electric Corporation|Westinghouse Electric Corporation]] bought CBS in 1994. ==Fairness Doctrine== In 1987 the FCC ended the [[w:Fairness doctrine|fairness doctrine]], with conservatives claiming it was biased against them. A cynic might argue that honest conservatives should be able to negotiate a fairness doctrine that was more equitable, unless, of course, conservative media is of its essence in herently unfair. This view is supported by research by Reece Peck, Anthony Nadler, and others, and by the settlement in ''[[w:Dominion Voting Systems v. Fox News Network|Dominion v. Fox]]'', discussed further below. [[w:Project 2025|Project 2025]] recommended stripping public funds from the [[w:Corporation for Public Broadcasting|Corporation for Public Broadcasting]], which included the [[w:PBS|Public Broadcasting Service (PBS)]], i.e., public television, and [[w:NPR|National Public Radio (NPR)]]. They added, "Stripping public funding would, of course, mean that NPR, PBS, Pacifica Radio, and the other leftist broadcasters would be shorn of the presumption that they act in the public interest ... . They should no longer, for example, be qualified as noncommercial education stations (NCE stations), which they clearly no longer are."<ref>Project 2025 (pp. 246-251).</ref> [[Fighting back against the campaign of censorship and control|On 2025-09-12 FCC Commissioner Anna Gomez agreed that broadcasters have]] "public interest obligations". However, the "FCC is being weaponized by using an undefined and distorted public interest justification for targeting government critics and censoring disfavored content. ... [R]egardless of how often or how loudly the Commission asserts that it has the right to police media bias because broadcasters have a public interest obligation, that is simply not true. The long defunct fairness doctrine is the closest thing to the vague standard being asserted. ... [B]efore initiating any more retaliatory investigations or politically motivated actions, the FCC must initiate a proceeding to define what the public interest means." But as long as the FCC can get what it wants from broadcasters ''without issuing an official ruling'', those actions are not reviewable by courts, where the FCC would likely lose.<ref>Gomez (2025).</ref> The next section shows how political polarization in the US Congress has increased since Richard Nixon became president in 1969. One contributor to this trend since 1987 may have been changes in the editorial policies of the major media encouraged by the demise of the Fairness Doctrine. [[w:Ursinus College|Ursinus College]] communications professor Anthony Nadler,<ref><!--Anthony Nadler-->{{cite Q|Q135514734}}</ref> interviewed 2026-01-15 in for the fortnightly ''[[:Category:Media reform to improve democracy|Media & Democracy]]'' series of 29:00 mm:ss podcasts syndicated for the [[w:List of Pacifica Radio stations and affiliates|Pacifica radio network]], claimed that "[[Conservative media are different]]" especially in how they tell their audiences how they are routinely "shamed and stigmatized by liberal elites",<ref>e.g., Nadler and Taussig (2025).</ref> cultivating self-righteous anger against the haughty, evil libs. == Liberal Judges == Conservatives have long complained about "liberal" judges. In the 1966 ''[[w:Miranda v. Arizona|Miranda]]'' ruling, the US Supreme Court said that confessions cannot be used unless law enforcement first advised suspects of their constitutional rights. Without that, confessions cannot be used in court. Conservatives complained that the decision undermined the efficiency of the police and argued that it would contribute to an increase in crime. Complaints like this combined with the Powell memorandum mentioned above helped inspire the creation of the [[w:Federalist Society|Federalist Society]] 1982-04-03 to challeng [[w:Liberalism in the United States|liberal]] or [[w:Left-wing politics|left-wing]] ideology within American law schools and universities. They have since played a major role in networking and mentoring young conservative attorneys and recommending conservatives for judicial appointments. In that regard, they have had considerable success, contributing to US Supreme Court decisions like ''[[w:Citizens United v. FEC|Citizens United]]'', which cynic describe as saying that corporations are people, money is speech, and humans are second-class citizens. The major media have a conflict of interest in honestly reporting on the impact of such rulings. == Election denialism == :''The rules of evidence in the court of public opinion is whatever will most please those who control most of the money for the media.'' :''The rules of evidence in courts of law in the US tend to be more equitable.'' In 1980 Republican Christian Conservative [[w:Paul Weyrich|Paul Weyrich]] said, [[q:Paul Weyrich|I don't want I don't want everybody to vote. ... [O]ur leverage in the elections ... goes up as the voting populace goes down.]]<ref>Weyrich (1980).</ref> In 1981, the [[w:Republican National Committee|Republican National Committee]] (RNC) created the [[w:Ballot Security Task Force|National Ballot Security Task Force]] to discourage voter turnout among likely Democratic voters in the gubernatorial election. The [[w:Democratic National Committee|Democratic National Committee]] (DNC) sued claiming a violation of the [[w:Voting Rights Act of 1965|Voting Rights Act of 1965]], illegal harassment, and voter intimidation. The RNC and New Jersey Republican State Committee entered into a consent decree in 1982 agreeing to stop doing it. That consent decree was repeatedly extended with Democrats arguing that recent campaigns showed it was still unnecessary until a different judge decided not to extend it in 2018. The decision in ''[[w:Fish v. Kobach|Fish v. Kobach]]'' provides some of the most compelling documentation of Republican attempts to disfranchise likely Democratic voters. Judge [[w:Julie A. Robinson|Julie Robinson]], who had been appointed to the bench by president [[w:George W. Bush|George W. Bush]], a Republican, found that "31,089 total applicants ... were denied registration for failure to provide DPOC, ... [which] represented 12.4% of new voter registrations between January 1, 2013 and December 11, 2015".<ref>Robinson (2018, pp. 26-28).</ref> Meanwhile, Kansas Secretary of State Kobach, who claimed this was a massive problem, provided evidence of only 39 cases of non-citizens having registered to vote in Kansas, which represented only "0.002% of all registered voters".<ref>Robinson (2018, pp. 87-89).</ref> In that case, [[w:Hans von Spakovsky|Hans von Spakovsky]], a senior fellow at [[w:The Heritage Foundation|The Heritage Foundation]], testified that a [[w:United States Government Accountability Office|U.S. GAO]] 'found that up to 3 percent of the 30,000 individuals called for jury duty from voter registration roles over a two-year period in just one U.S. district court were not U.S. citizens.' On cross-examination, however, he acknowledged that he had misleadingly failed to mention that the GAO study in question contained information from 8 district courts. Four of the 8 reported that there was not a single non-citizen who had been called for jury duty, and the 3 remaining district courts reported that less than 1% of those called for jury duty from voter rolls were noncitizens. Judge Robinson concluded that "his clear agenda and misleading statements ... render his opinions unpersuasive." [[w:Election denial movement in the United States|Regarding the specific claim that the 2020 election was stolen from Trump]], in March 2021, [[w:Dominion Voting Systems|Dominion Voting Systems]] sued Fox for defamation, because Fox repeatedly broadcasted claims that the [2020 election had been stolen from Trump. During [[w:Discovery (law)|pre-trial discovery]], Dominion obtained numerous internal Fox communications that documented that Fox had initially called the [[w:2020 United States presidential election|2020 United States presidential election]] for Biden. Then Fox executives saw that they were losing audience to other conservative outlets that were claiming that the election had been stolen from Trump, so they switched to repeating that fraudulent claim to protect their audience share. On 2023-04-18 Fox agreed to pay Dominion $787.5 million -- over three quarters of a billion dollars -- while agreeing that they had lied to their audience; the settlement did ''not'' require Fox to admit to their audience that they had lied to them. If Fox had 6 percent higher audience for a year, they made money lying to their audience, even after paying Dominion $787.5 million. Over 1.5 years later, a survey conducted the month after the 2024 US presidential election found that 63 percent of Republicans and 31 percent of voters overall still believed that 2020 election had been stolen from Trump.<ref>Public Religion Research Institute (2024).</ref> == Evolution of political polarization in the US Congress == [Coming soon, summarizing an update to "[[Evolution of political polarization in the US Congress]]".] == Exercises == 1. Create a list of your greatest concerns, identify sources for contrary information about those issues, and spend some of your free time with them and less with for-profit media media like television and commercial social media. 2. Get on email lists and / or social media of your elected officials to see what they are telling their constituents. US citizens and residents can contact representatives in the US Congress. You do not have to be eligible to vote in the US to contact them or to talk politics with others. However, elected officials may not respond if you cannot claim residence in their jurisdiction. At [https://www.house.gov house.gov] you are asked to "Enter your zip code" under "FIND YOUR REPRESENTATIVE". At [https://www.senate.gov senate.gov], they want the your state. 3. Pick an issue that most concerns you and review relevant research literature on appropriate Wikipedia articles -- and maybe in this book -- and maybe also [https://scholar.google.com Google Scholar]. 3.1. Send emails to appropriate elected officials asking their thoughts and their response to claims you found in the literature. 3.2. Call their office phone number and ask to speak with someone about the issue outlined in your email. 4. Discuss your experience with others. Invite them to join you in meeting(s) (via Zoom?) with staff(s) of elected official(s) if you can arrange such. If others agree, then go to web site(s) of your elected representative(s) and request a meeting. 5. Share your experience in some appropriate place in this book, e.g., a "Discuss" page associated with a chapter relative to the issue of your concern or to the main ''[[Media Literacy and You]]'' page. == See also == == Notes == {{reflist}} == Bibliography == * <!--Daron Acemoğlu and James A. Robinson (2012-03-20). Why Nations Fail: The Origins of Power, Prosperity, and Poverty (in en). Crown Publishing Group-->{{cite Q|Q7997840}} * <!--Chenoweth and Stephan (2011) Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict-->{{cite Q|Q88725216}} * <!--John E. Ferling (1988) The First of Men-->{{cite Q|Q59297825}} * <!-- Bernhard Fulda (2009) Press and Politics in the Weimar Republic (Oxford U. Pr)-->{{cite Q|Q123561961}} * <!--Anna Gomez (2025-09-12) "Fighting back against the campaign of censorship and control", presentation to the Grassroots Radio Conference-->{{cite Q|Q138499094}} * <!--Spencer Graves (2005-02-26) "Violence, Nonviolence, and the American Revolution"-->{{cite Q|Q58635938}} * <!--Don Higginbotham (2001) George Washington Reconsidered-->{{cite Q|Q59362787|author=Don Higginbotham, ed.}} * <!--Richard R. John (1995) Spreading the News: The American Postal System from Franklin to Morse-->{{cite Q|Q54641943}} * <!--Richard R. John and Jonathan Silberstein-Loeb (eds.; 2015) Making News: The Political Economy of Journalism in Britain and America from the Glorious Revolution to the Internet (Oxford University Press)-->{{cite Q|Q131468166}} * <!--Alexander Keyssar (2000) The Right to Vote: The Contested History of Democracy in the United States-->{{cite Q|Q97621556}} * <!--Mark Major (2019) "Bridging the Marginal and the Mainstream: Methodological Considerations for Conservative News as a Subfield", ch. 12 in Nadler and Bauer-->{{cite Q|Q138497692}} * <!-- Robert W. McChesney; John Nichols (2010). The Death and Life of American Journalism (Bold Type Books) -->{{cite Q|Q104888067}}. * <!--Gary B. Nash (2005) The Unknown American Revolution-->{{cite Q|Q59319726}} * <!--Glenn A. Phelps (2001) The Republican General, ch. 7 in Higginbotham-->{{cite Q|Q138211200}} * <!--Lewis F. Powell Jr. (1971) Attack on American Free Enterprise System-->{{cite Q|Q16577699}} * <!-- Project 2025-->{{cite Q|Q122382481}} * <!--Public Religion Research Institute (2024-12-13) " Analyzing the 2024 Presidential Vote: PRRI’s Post-Election Survey"-->{{cite Q|Q136415370}} * {{Citation | last = Robinson | first = Julie A. | date = 2018-06-18 | title = Findings of fact and conclusions of law in Fish v. Kobach, Case No. 16-2105-JAR-JPO, and Bednasek and Kobach, Case No. 15-9300-JAR-JPO (published 2018-06-18 with corrections 2018-06-19) | publisher = US District Court for the District of Kansas | url = https://www.courtlistener.com/recap/gov.uscourts.ksd.110435/gov.uscourts.ksd.110435.542.0_3.pdf | accessdate = 2018-06-28}} * <!-- Alexis de Tocqueville (1835, 1840; trad. 2001) Democracy in America (trans. by Richard Heffner, 2001; New America Library) -->{{cite Q|Q112166602|publication-date=unset|author=Alexis de Tocqueville (1835, 1840; trad. 2001)}} * <!--Paul Weyrich (1980-08) "I don't want everybody to vote"-->{{cite Q|Q98749513}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Education]] [[Category:Economics]] [[Category:Armed forces and combat]] [[Category:Immigration]] [[Category:Self improvement]] [[Category:Media Literacy and You]] [[Category:Social media]] <!-- https://en.wikiversity.org/wiki/Category_Review --> erk29fzfueecz4agsgcs5l4ulolhzgc 2809435 2809434 2026-05-15T06:17:50Z DavidMCEddy 218607 /* Bibliography */ add Nadler and Taussig 2809435 wikitext text/x-wiki :''I am entitled to my [[Wiktionary:cockamamie|cockamamie]] ideas, and you are entitled to yours.'' [Humor is important but must be offered in a way that does not offend others. If others are offended, they may be less interested in dialogue.] :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. The previous chapter on [[Media Literacy and You/The impact of the media on political economy since the time of the Pharaohs|The impact of the media on political economy since the time of the Pharaohs]] describes how hierarchical societies prior to King James of the King James bible were divided between those who fought, prayed, and worked. It was the responsibility of those who prayed to convince those who worked to live in poverty while giving increasing shares of what they produced so those who fought and prayed could live lives of leisure and opulence. During the reign of King James, pamphlets and newspapers began to compete with the church for helping commoners understand their roles in society. This produced the Industrial Revolution and modern democracies. Media consolidation since World War II gradually slowed and then reversed this trend. Then a chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]] describes how Fox convinced its audience and a critical mass of the electorate that President Franklin Roosevelt (FDR)'s New Deal made the Great Depression ''worse'', not better. That chapter provides plots that seem to contradict the "experts" featured by Fox. The existence of that contrary evidence suggests that by talking politics calmly and respectfully with others with whom we may vehemently disagree, we may be able to build a culture in which we can agree to disagree agreeably and collaborate effectively to study the available evidence and make progress on issues of common concern. This chapter discusses the relative importance of the US [[w:Postal Service Act|Postal Service Act]] of 1792, the consolidation of ownership of the major media since the end of World War II, the rise of social media, in recent decades, and the evolution of political polarization in the history of the [[w:United States Congress|US Congress]]. == American Revolution and the US Postal Service Act of 1792== A major concern of the [[w:Continental Congress|Continental Congress]] meeting in Philadelphia between 1774 and 1789 was censorship of the press by King [[w:George III|George]]'s postal service. The revolutionaries agreed that the survival of their experiment in Republican government depended on an electorate with access to diverse views. Those discussions led to the US [[w:Postal Service Act|Postal Service Act]] of 1792, under which newspapers were delivered up to 100 miles for a penny when first class postage was between 6 and 25 cents. Those subsidies gave the young United States of American more independent newspaper publishers per million population in the early nineteenth century than at any other time or place in human history.<ref>John and Graves (2025). John (1995).</ref> These subsidies amounted to roughly 0.21 percent of GDP in 1841, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, pp. 310-311, note 88).</ref> [[w:Alexis de Tocqueville|Alexis de Tocqueville]], who visited the relatively young United States in 1831, wrote, "There is scarcely a hamlet that does not have its own newspaper."<ref>Tocqueville (1835, p. 93).</ref> That diversity of independent newspaper publishers per million population began to decline in the 1850s and 1860s as high speed rotary presses reduced the per issue cost of printing a newspaper while increasing the capital required to start a newspaper.<ref>John and Silberstein-Loeb (2015, p. 80).</ref> However, that diversity did not disappear overnight. It apparently continued to encourage literacy and limit political corruption, both of which helped the US stay together and grow in land area and average annual income while expanding the right to vote as contemporary New Spain, then Mexico, fractured, shrank and stagnated economically. The Wikiversity article on "[[The Great American Paradox]]" suggests three reasons why the young US fared better than Mexico and other countries in that "[[w:Age of Revolution|Age of Revolution]]" from late late-18th to the mid-19th centuries:<ref>"[[The Great American Paradox]]" accessed 2026-02-12.</ref> # '''Advanced democracy before the revolution''': The British colonies that rebelled in 1776 already had possibly the most advanced democratic culture on the planet at that time. Acemoglu and Robinson document how the British colonies that became the US all initially ''failed'' until they switched from autocratic, extractive governance to giving property to substantial portions of the population and a voice in a colonial legislature to all adult male property owners.<ref>Acemoglu and Robinson (2012, pp. 26-27).</ref> By 1776 almost 60 percent of adult white males could vote, and the violence of the Revolution did not change that.<ref>Keyssar (2000, pp. 7, 24); Graves (2005).</ref> # '''Citizen-directed subsidies for news''': Citizen-directed subsidies for newspapers provided by the [[w:Postal Service Act|US Postal Service Act of 1792]] helped limit political corruption and encourage literacy, as previously mentioned. # '''Washington did not win the Revolution''': Some historians insist that Washington did not win many battles. His success came from attracting enough humans to join the [[w:Continental Army|Continental Army]] and keep it in the field for the 6.5 years between the "[[w:Shot heard round the world|Shot heard round the world]]" at [[w:Battles of Lexington and Concord|Lexington and Concord]], 1775-04-19 to the surrender of [[w:Charles Cornwallis, 1st Marquess Cornwallis|General Cornwallis]] at [[w:Siege of Yorktown|Yorktown]] 1781-10-19<ref>e.g., Phelps (2001). Washington was perpetually short of supplies. His own state of Virginia often could not send their allotment of troops, because they were needed for slave patrols, as reported by Nash (2005, pp. 344-345). Many in Washington's army often did not have shoes. This made it hard for them to move, especially in the winter, because the British could easily follow the blood in the snow, as mentioned by Raphael (2001, p. 89).</ref> and keep from getting captured.<ref>Ferling (1988).</ref> He was active enough to provoking the British to do stupid things and manufacture enemies for themselves without getting captured or otherwise defeated during that period. Standard histories of the American Revolution begin with the [[w:Battles of Lexington and Concord|Battles of Lexington and Concord]], 1775-04-19. This in essence initiated the [[w:Siege of Boston|Siege of Boston]]. [[w:Siege of Boston#Stalemate|General Washington arrived]] 3.5 months later on 1775-07-02. During the following 8 months, the revolutions managed to install heavy artillery on [[w:Fortification of Dorchester Heights|Dorchester Heights]], which overlooked Boston harbor in a way that could prevent the British from getting more supplies. The British retreated. During the next five years, the revolutionaries won enough battles to encourage the French to provide more support [[w:Southern theater of the American Revolutionary War|until the British general Cornwallis]] constructed a fortified naval port at Yorktown, where he could be resupplied or evacuated. Then [[w:Battle of the Chesapeake|the French navy bottled up the Chesapeake]] while French military units helped Washington convince Cornwallis to surrender.<ref>Graves (2005).</ref> Historians describe the "[[w:Age of Revolution|Age of Revolution]] as starting with the [[w:Age of Revolution#American Revolution (1765–1783)|American Revolution (1765–1783)]], encompassing revolutionary violence in many countries from Europe to Latin America, the vast majority of which arguably replaced one brutal repressive system with another. Many got improvements in the rule of law through adoption of procedures like the [[w:Napoleonic Code|Napoleonic Code]], but few got substantive improvements in democracy. [[The Great American Paradox|The US is ''not'' an exception]]: Almost 60 percent of adult white males could vote before the revolution, and the violence of the revolution did not change that. This is consistent with the [[Freedom and abundance|twenty-first century research by Chenoweth and Stephan (2011), which found no change in the average level of democratization in the over 200 violent revolutions of the twentieth century. By contrast, win or lose, major nonviolent governmental change efforts increased the average level of democratization. Between 1792 and 1920 the right to vote was gradually extended to all adult males then to females, supported by political agitation and a media system whose ownership was still quite broadly held. During the 1930s with over 20 percent of the workforce unemployed, newspapers could not retain an audience by blaming the unemployed for their plight. That environment helped the Franklin Roosevelt administration get popular support to tax the ultra-wealthy like they had never been taxed before or since. And during world War II, FDR got the support needed to impose wage and price controls to limit price gouging that had stifled economic growth and generated inflation in previous major wars, like the War of 1812, the Civil War and World War I. The result was unprecedented economic growth with only nominal inflation, as documented in the chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]. == The consolidation of ownership of the major media since the end of World War II == The development of broadcasting differed from that of newspapers in at least two ways that may have had a substantial impact on concentration of ownership: # It is not easy to charge for what is broadcasted without government intervention, unlike newspapers, which can charge for a copy of the paper. # Content for broadcasting has been easily and quickly shared between different broadcasters by electronic means. That increases the incentives for organizational integration among broadcasters over what was available between the time that [[w:List of the oldest newspapers|newspapers started appearing in the 1600s]] and two centuries later as steam and later electronics began to dramatically increase the speed of communications. [[w:History of broadcasting|As radio technology was being developed, many governments established state-sponsored networks]], sometimes with competing commercial systems. Developments in intellectual property law since the 1600s also made it easier for major corporations to dominate the development of broadcasting. [[w:Guglielmo Marconi|Guglielmo Marconi]] was a leader among many attempting to develop wireless telegraphy in the late nineteenth century. [[w:Guglielmo Marconi#Transmission breakthrough|In 1895 he demonstrated a transmitter and receiver]] able to communicate up to two miles. [[w:Invention of radio|A few years later it was used for ship-to-shore]] communications. In the US, Marconi [[w:Broadcasting in the United States#Commercial development|Marconi]] created the [[w:Marconi Wireless Telegraph Company of America|Marconi Wireless Telegraph Company of America]] in 1899, which was nationalized by the US government during [[w:World War I|World War I]]. After the war, US government officials did ''not'' want to return control of the company to its British owners, so it was sold in 1919 as a [[w:patent trust|patent trust]] called [[w:Radio Corporation of America|Radio Corporation of America]], owned by a partnership of [[w:General Electric| General Electric]] (GE), [[w:Westinghouse|Westinghouse]], [[w:AT&T Corporation|AT&T]] and [[w:United Fruit Company|United Fruit]]. Their mission was to make and sell radio equipment. In 1926 they created the [[w:NBC#History|National Broadcasting Company (NBC)]] to produce content. [[w:Competition law|Antitrust action]] in 1932 forced GE to sell RCA and NBC. The [[w:Columbia Broadcasting System|Columbia Broadcasting System]] (CBS) began in 1927. NBC split into "Red" and "Blue" networks. In 1939 antitrust action forced NBC to divest its Blue network, which became the [[w:American Broadcasting Company|American Broadcasting Company]] (ABC). A decade later, in 1949 ABC merged with United Paramount Theatres after antitrust action forced the latter to divest itself from its movie production business. There were other, smaller networks, but as television became feasible, NBC, CBS, and ABC became the "[[w:Big Three (American television)|Big Three]]" dominating television in the US after [[w:World War II|World War II]]. Biased reporting by that [[w:Oligopoly|oligopoly]] facilitated the rise of [[w:McCarthyism|McCarthyism]] and have made politicians unelectable unless they support policies contrary to the best interests of the vast majority of their constituents, as discussed in the rest of this book. The decline in inequality documented in Figures 4 and 5 of the chapter on "[[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]" meant that the ultra-wealth could not afford as many personal servants, and the success of iconoclasts like [[w:Ralph Nader|Ralph Nader]] threatened their control of the political economy. Meanwhile the media coverage given to the [[w:Civil rights movement|civil rights movement]] of the 1950s and 1960s generated a backlash among those who resented the loss of their previous racial-based social superiority and complained that the mainstream media had a liberal bias. These claims were already well established by the time [[w:Richard Nixon|Richard Nixon]] became US president in 1969.<ref>Major (2019).</ref> In this environment, [[w:Lewis F. Powell Jr.|Lewis Powell]] wrote a confidential memorandum titled, "Attack on American Free Enterprise System"<ref>Powell (1971).</ref> for the [[w:United States Chamber of Commerce|US Chamber of Commerce]] after he had agreed to serve on the [[w:Supreme Court of the United States|US Supreme Court]] but before he was officially nominated. This memo recommended that business elites fund a conservative research organizations and "monitor" the media and activities on universities and become more politically active in lobbying to support the interests of big business. That inspired of multiple right-wing think tanks and lobbying organizations that have since had a major influence on the US political economy. This includes the creation of the [[w:Business Roundtable|Business Roundtable]] on 1972-10-13, [[w:The Heritage Foundation|The Heritage Foundation]], 1973-02-16, the [[w:American Legislative Exchange Council|American Legislative Exchange Council]] (ALEC), September 1973, the [[w:Cato Institute|Cato Institute]], January 1977, and the [[w:Manhattan Institute for Policy Research|Manhattan Institute for Policy Research]], in 1978. As documented in the chapter on [[Media Literacy and You/Criminal justice|Criminal justice]], beginning around 1975 the major media fired nearly all their investigative journalists and replaced them with the police blotter. This replaced reporting on questionable business practices with individual crime. The public thought that crime was out of control, when there had been no substantive change in crime. They voted in a generation of politicians promising to get tough on crime, and the portion of the US population in state and federal prisons shot up from roughly 0.1 percent, where it had been over the previous 50 years, to closer to 0.5 percent in the next 25 years. Beginning in the 1980s major corporations strengthened their control of the "Big Three" broadcast networks. [[w:NBC|GE bought RCA including NBC]] in late 1986 and immediately divested itself of RCA's other assets, retaining only NBC. In 2004 they merged with the French media company [[w:Vivendi|Vivendi]], forming [[w:NBCUniversal|NBCUniversal]]. In 2011 Comcast purchased a controlling interest in NBCUniversal. And [[w:Westinghouse Electric Corporation|Westinghouse Electric Corporation]] bought CBS in 1994. ==Fairness Doctrine== In 1987 the FCC ended the [[w:Fairness doctrine|fairness doctrine]], with conservatives claiming it was biased against them. A cynic might argue that honest conservatives should be able to negotiate a fairness doctrine that was more equitable, unless, of course, conservative media is of its essence in herently unfair. This view is supported by research by Reece Peck, Anthony Nadler, and others, and by the settlement in ''[[w:Dominion Voting Systems v. Fox News Network|Dominion v. Fox]]'', discussed further below. [[w:Project 2025|Project 2025]] recommended stripping public funds from the [[w:Corporation for Public Broadcasting|Corporation for Public Broadcasting]], which included the [[w:PBS|Public Broadcasting Service (PBS)]], i.e., public television, and [[w:NPR|National Public Radio (NPR)]]. They added, "Stripping public funding would, of course, mean that NPR, PBS, Pacifica Radio, and the other leftist broadcasters would be shorn of the presumption that they act in the public interest ... . They should no longer, for example, be qualified as noncommercial education stations (NCE stations), which they clearly no longer are."<ref>Project 2025 (pp. 246-251).</ref> [[Fighting back against the campaign of censorship and control|On 2025-09-12 FCC Commissioner Anna Gomez agreed that broadcasters have]] "public interest obligations". However, the "FCC is being weaponized by using an undefined and distorted public interest justification for targeting government critics and censoring disfavored content. ... [R]egardless of how often or how loudly the Commission asserts that it has the right to police media bias because broadcasters have a public interest obligation, that is simply not true. The long defunct fairness doctrine is the closest thing to the vague standard being asserted. ... [B]efore initiating any more retaliatory investigations or politically motivated actions, the FCC must initiate a proceeding to define what the public interest means." But as long as the FCC can get what it wants from broadcasters ''without issuing an official ruling'', those actions are not reviewable by courts, where the FCC would likely lose.<ref>Gomez (2025).</ref> The next section shows how political polarization in the US Congress has increased since Richard Nixon became president in 1969. One contributor to this trend since 1987 may have been changes in the editorial policies of the major media encouraged by the demise of the Fairness Doctrine. [[w:Ursinus College|Ursinus College]] communications professor Anthony Nadler,<ref><!--Anthony Nadler-->{{cite Q|Q135514734}}</ref> interviewed 2026-01-15 in for the fortnightly ''[[:Category:Media reform to improve democracy|Media & Democracy]]'' series of 29:00 mm:ss podcasts syndicated for the [[w:List of Pacifica Radio stations and affiliates|Pacifica radio network]], claimed that "[[Conservative media are different]]" especially in how they tell their audiences how they are routinely "shamed and stigmatized by liberal elites",<ref>e.g., Nadler and Taussig (2025).</ref> cultivating self-righteous anger against the haughty, evil libs. == Liberal Judges == Conservatives have long complained about "liberal" judges. In the 1966 ''[[w:Miranda v. Arizona|Miranda]]'' ruling, the US Supreme Court said that confessions cannot be used unless law enforcement first advised suspects of their constitutional rights. Without that, confessions cannot be used in court. Conservatives complained that the decision undermined the efficiency of the police and argued that it would contribute to an increase in crime. Complaints like this combined with the Powell memorandum mentioned above helped inspire the creation of the [[w:Federalist Society|Federalist Society]] 1982-04-03 to challeng [[w:Liberalism in the United States|liberal]] or [[w:Left-wing politics|left-wing]] ideology within American law schools and universities. They have since played a major role in networking and mentoring young conservative attorneys and recommending conservatives for judicial appointments. In that regard, they have had considerable success, contributing to US Supreme Court decisions like ''[[w:Citizens United v. FEC|Citizens United]]'', which cynic describe as saying that corporations are people, money is speech, and humans are second-class citizens. The major media have a conflict of interest in honestly reporting on the impact of such rulings. == Election denialism == :''The rules of evidence in the court of public opinion is whatever will most please those who control most of the money for the media.'' :''The rules of evidence in courts of law in the US tend to be more equitable.'' In 1980 Republican Christian Conservative [[w:Paul Weyrich|Paul Weyrich]] said, [[q:Paul Weyrich|I don't want I don't want everybody to vote. ... [O]ur leverage in the elections ... goes up as the voting populace goes down.]]<ref>Weyrich (1980).</ref> In 1981, the [[w:Republican National Committee|Republican National Committee]] (RNC) created the [[w:Ballot Security Task Force|National Ballot Security Task Force]] to discourage voter turnout among likely Democratic voters in the gubernatorial election. The [[w:Democratic National Committee|Democratic National Committee]] (DNC) sued claiming a violation of the [[w:Voting Rights Act of 1965|Voting Rights Act of 1965]], illegal harassment, and voter intimidation. The RNC and New Jersey Republican State Committee entered into a consent decree in 1982 agreeing to stop doing it. That consent decree was repeatedly extended with Democrats arguing that recent campaigns showed it was still unnecessary until a different judge decided not to extend it in 2018. The decision in ''[[w:Fish v. Kobach|Fish v. Kobach]]'' provides some of the most compelling documentation of Republican attempts to disfranchise likely Democratic voters. Judge [[w:Julie A. Robinson|Julie Robinson]], who had been appointed to the bench by president [[w:George W. Bush|George W. Bush]], a Republican, found that "31,089 total applicants ... were denied registration for failure to provide DPOC, ... [which] represented 12.4% of new voter registrations between January 1, 2013 and December 11, 2015".<ref>Robinson (2018, pp. 26-28).</ref> Meanwhile, Kansas Secretary of State Kobach, who claimed this was a massive problem, provided evidence of only 39 cases of non-citizens having registered to vote in Kansas, which represented only "0.002% of all registered voters".<ref>Robinson (2018, pp. 87-89).</ref> In that case, [[w:Hans von Spakovsky|Hans von Spakovsky]], a senior fellow at [[w:The Heritage Foundation|The Heritage Foundation]], testified that a [[w:United States Government Accountability Office|U.S. GAO]] 'found that up to 3 percent of the 30,000 individuals called for jury duty from voter registration roles over a two-year period in just one U.S. district court were not U.S. citizens.' On cross-examination, however, he acknowledged that he had misleadingly failed to mention that the GAO study in question contained information from 8 district courts. Four of the 8 reported that there was not a single non-citizen who had been called for jury duty, and the 3 remaining district courts reported that less than 1% of those called for jury duty from voter rolls were noncitizens. Judge Robinson concluded that "his clear agenda and misleading statements ... render his opinions unpersuasive." [[w:Election denial movement in the United States|Regarding the specific claim that the 2020 election was stolen from Trump]], in March 2021, [[w:Dominion Voting Systems|Dominion Voting Systems]] sued Fox for defamation, because Fox repeatedly broadcasted claims that the [2020 election had been stolen from Trump. During [[w:Discovery (law)|pre-trial discovery]], Dominion obtained numerous internal Fox communications that documented that Fox had initially called the [[w:2020 United States presidential election|2020 United States presidential election]] for Biden. Then Fox executives saw that they were losing audience to other conservative outlets that were claiming that the election had been stolen from Trump, so they switched to repeating that fraudulent claim to protect their audience share. On 2023-04-18 Fox agreed to pay Dominion $787.5 million -- over three quarters of a billion dollars -- while agreeing that they had lied to their audience; the settlement did ''not'' require Fox to admit to their audience that they had lied to them. If Fox had 6 percent higher audience for a year, they made money lying to their audience, even after paying Dominion $787.5 million. Over 1.5 years later, a survey conducted the month after the 2024 US presidential election found that 63 percent of Republicans and 31 percent of voters overall still believed that 2020 election had been stolen from Trump.<ref>Public Religion Research Institute (2024).</ref> == Evolution of political polarization in the US Congress == [Coming soon, summarizing an update to "[[Evolution of political polarization in the US Congress]]".] == Exercises == 1. Create a list of your greatest concerns, identify sources for contrary information about those issues, and spend some of your free time with them and less with for-profit media media like television and commercial social media. 2. Get on email lists and / or social media of your elected officials to see what they are telling their constituents. US citizens and residents can contact representatives in the US Congress. You do not have to be eligible to vote in the US to contact them or to talk politics with others. However, elected officials may not respond if you cannot claim residence in their jurisdiction. At [https://www.house.gov house.gov] you are asked to "Enter your zip code" under "FIND YOUR REPRESENTATIVE". At [https://www.senate.gov senate.gov], they want the your state. 3. Pick an issue that most concerns you and review relevant research literature on appropriate Wikipedia articles -- and maybe in this book -- and maybe also [https://scholar.google.com Google Scholar]. 3.1. Send emails to appropriate elected officials asking their thoughts and their response to claims you found in the literature. 3.2. Call their office phone number and ask to speak with someone about the issue outlined in your email. 4. Discuss your experience with others. Invite them to join you in meeting(s) (via Zoom?) with staff(s) of elected official(s) if you can arrange such. If others agree, then go to web site(s) of your elected representative(s) and request a meeting. 5. Share your experience in some appropriate place in this book, e.g., a "Discuss" page associated with a chapter relative to the issue of your concern or to the main ''[[Media Literacy and You]]'' page. == See also == == Notes == {{reflist}} == Bibliography == * <!--Daron Acemoğlu and James A. Robinson (2012-03-20). Why Nations Fail: The Origins of Power, Prosperity, and Poverty (in en). Crown Publishing Group-->{{cite Q|Q7997840}} * <!--Chenoweth and Stephan (2011) Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict-->{{cite Q|Q88725216}} * <!--John E. Ferling (1988) The First of Men-->{{cite Q|Q59297825}} * <!-- Bernhard Fulda (2009) Press and Politics in the Weimar Republic (Oxford U. Pr)-->{{cite Q|Q123561961}} * <!--Anna Gomez (2025-09-12) "Fighting back against the campaign of censorship and control", presentation to the Grassroots Radio Conference-->{{cite Q|Q138499094}} * <!--Spencer Graves (2005-02-26) "Violence, Nonviolence, and the American Revolution"-->{{cite Q|Q58635938}} * <!--Don Higginbotham (2001) George Washington Reconsidered-->{{cite Q|Q59362787|author=Don Higginbotham, ed.}} * <!--Richard R. John (1995) Spreading the News: The American Postal System from Franklin to Morse-->{{cite Q|Q54641943}} * <!--Richard R. John and Jonathan Silberstein-Loeb (eds.; 2015) Making News: The Political Economy of Journalism in Britain and America from the Glorious Revolution to the Internet (Oxford University Press)-->{{cite Q|Q131468166}} * <!--Alexander Keyssar (2000) The Right to Vote: The Contested History of Democracy in the United States-->{{cite Q|Q97621556}} * <!--Mark Major (2019) "Bridging the Marginal and the Mainstream: Methodological Considerations for Conservative News as a Subfield", ch. 12 in Nadler and Bauer-->{{cite Q|Q138497692}} * <!-- Robert W. McChesney; John Nichols (2010). The Death and Life of American Journalism (Bold Type Books) -->{{cite Q|Q104888067}}. * <!--Anthony Nadler and Doron Taussig (2025) "The Social Construction of Right-Wing Reality"-->{{cite Q|Q137857779}} * <!--Gary B. Nash (2005) The Unknown American Revolution-->{{cite Q|Q59319726}} * <!--Glenn A. Phelps (2001) The Republican General, ch. 7 in Higginbotham-->{{cite Q|Q138211200}} * <!--Lewis F. Powell Jr. (1971) Attack on American Free Enterprise System-->{{cite Q|Q16577699}} * <!-- Project 2025-->{{cite Q|Q122382481}} * <!--Public Religion Research Institute (2024-12-13) " Analyzing the 2024 Presidential Vote: PRRI’s Post-Election Survey"-->{{cite Q|Q136415370}} * {{Citation | last = Robinson | first = Julie A. | date = 2018-06-18 | title = Findings of fact and conclusions of law in Fish v. Kobach, Case No. 16-2105-JAR-JPO, and Bednasek and Kobach, Case No. 15-9300-JAR-JPO (published 2018-06-18 with corrections 2018-06-19) | publisher = US District Court for the District of Kansas | url = https://www.courtlistener.com/recap/gov.uscourts.ksd.110435/gov.uscourts.ksd.110435.542.0_3.pdf | accessdate = 2018-06-28}} * <!-- Alexis de Tocqueville (1835, 1840; trad. 2001) Democracy in America (trans. by Richard Heffner, 2001; New America Library) -->{{cite Q|Q112166602|publication-date=unset|author=Alexis de Tocqueville (1835, 1840; trad. 2001)}} * <!--Paul Weyrich (1980-08) "I don't want everybody to vote"-->{{cite Q|Q98749513}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Education]] [[Category:Economics]] [[Category:Armed forces and combat]] [[Category:Immigration]] [[Category:Self improvement]] [[Category:Media Literacy and You]] [[Category:Social media]] <!-- https://en.wikiversity.org/wiki/Category_Review --> qg098tv8lo2qniv9bp2v7oojgxh8kid 2809438 2809435 2026-05-15T06:33:40Z DavidMCEddy 218607 /* Fairness Doctrine */ mention Fleischer 2022 2809438 wikitext text/x-wiki :''I am entitled to my [[Wiktionary:cockamamie|cockamamie]] ideas, and you are entitled to yours.'' [Humor is important but must be offered in a way that does not offend others. If others are offended, they may be less interested in dialogue.] :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. The previous chapter on [[Media Literacy and You/The impact of the media on political economy since the time of the Pharaohs|The impact of the media on political economy since the time of the Pharaohs]] describes how hierarchical societies prior to King James of the King James bible were divided between those who fought, prayed, and worked. It was the responsibility of those who prayed to convince those who worked to live in poverty while giving increasing shares of what they produced so those who fought and prayed could live lives of leisure and opulence. During the reign of King James, pamphlets and newspapers began to compete with the church for helping commoners understand their roles in society. This produced the Industrial Revolution and modern democracies. Media consolidation since World War II gradually slowed and then reversed this trend. Then a chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]] describes how Fox convinced its audience and a critical mass of the electorate that President Franklin Roosevelt (FDR)'s New Deal made the Great Depression ''worse'', not better. That chapter provides plots that seem to contradict the "experts" featured by Fox. The existence of that contrary evidence suggests that by talking politics calmly and respectfully with others with whom we may vehemently disagree, we may be able to build a culture in which we can agree to disagree agreeably and collaborate effectively to study the available evidence and make progress on issues of common concern. This chapter discusses the relative importance of the US [[w:Postal Service Act|Postal Service Act]] of 1792, the consolidation of ownership of the major media since the end of World War II, the rise of social media, in recent decades, and the evolution of political polarization in the history of the [[w:United States Congress|US Congress]]. == American Revolution and the US Postal Service Act of 1792== A major concern of the [[w:Continental Congress|Continental Congress]] meeting in Philadelphia between 1774 and 1789 was censorship of the press by King [[w:George III|George]]'s postal service. The revolutionaries agreed that the survival of their experiment in Republican government depended on an electorate with access to diverse views. Those discussions led to the US [[w:Postal Service Act|Postal Service Act]] of 1792, under which newspapers were delivered up to 100 miles for a penny when first class postage was between 6 and 25 cents. Those subsidies gave the young United States of American more independent newspaper publishers per million population in the early nineteenth century than at any other time or place in human history.<ref>John and Graves (2025). John (1995).</ref> These subsidies amounted to roughly 0.21 percent of GDP in 1841, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, pp. 310-311, note 88).</ref> [[w:Alexis de Tocqueville|Alexis de Tocqueville]], who visited the relatively young United States in 1831, wrote, "There is scarcely a hamlet that does not have its own newspaper."<ref>Tocqueville (1835, p. 93).</ref> That diversity of independent newspaper publishers per million population began to decline in the 1850s and 1860s as high speed rotary presses reduced the per issue cost of printing a newspaper while increasing the capital required to start a newspaper.<ref>John and Silberstein-Loeb (2015, p. 80).</ref> However, that diversity did not disappear overnight. It apparently continued to encourage literacy and limit political corruption, both of which helped the US stay together and grow in land area and average annual income while expanding the right to vote as contemporary New Spain, then Mexico, fractured, shrank and stagnated economically. The Wikiversity article on "[[The Great American Paradox]]" suggests three reasons why the young US fared better than Mexico and other countries in that "[[w:Age of Revolution|Age of Revolution]]" from late late-18th to the mid-19th centuries:<ref>"[[The Great American Paradox]]" accessed 2026-02-12.</ref> # '''Advanced democracy before the revolution''': The British colonies that rebelled in 1776 already had possibly the most advanced democratic culture on the planet at that time. Acemoglu and Robinson document how the British colonies that became the US all initially ''failed'' until they switched from autocratic, extractive governance to giving property to substantial portions of the population and a voice in a colonial legislature to all adult male property owners.<ref>Acemoglu and Robinson (2012, pp. 26-27).</ref> By 1776 almost 60 percent of adult white males could vote, and the violence of the Revolution did not change that.<ref>Keyssar (2000, pp. 7, 24); Graves (2005).</ref> # '''Citizen-directed subsidies for news''': Citizen-directed subsidies for newspapers provided by the [[w:Postal Service Act|US Postal Service Act of 1792]] helped limit political corruption and encourage literacy, as previously mentioned. # '''Washington did not win the Revolution''': Some historians insist that Washington did not win many battles. His success came from attracting enough humans to join the [[w:Continental Army|Continental Army]] and keep it in the field for the 6.5 years between the "[[w:Shot heard round the world|Shot heard round the world]]" at [[w:Battles of Lexington and Concord|Lexington and Concord]], 1775-04-19 to the surrender of [[w:Charles Cornwallis, 1st Marquess Cornwallis|General Cornwallis]] at [[w:Siege of Yorktown|Yorktown]] 1781-10-19<ref>e.g., Phelps (2001). Washington was perpetually short of supplies. His own state of Virginia often could not send their allotment of troops, because they were needed for slave patrols, as reported by Nash (2005, pp. 344-345). Many in Washington's army often did not have shoes. This made it hard for them to move, especially in the winter, because the British could easily follow the blood in the snow, as mentioned by Raphael (2001, p. 89).</ref> and keep from getting captured.<ref>Ferling (1988).</ref> He was active enough to provoking the British to do stupid things and manufacture enemies for themselves without getting captured or otherwise defeated during that period. Standard histories of the American Revolution begin with the [[w:Battles of Lexington and Concord|Battles of Lexington and Concord]], 1775-04-19. This in essence initiated the [[w:Siege of Boston|Siege of Boston]]. [[w:Siege of Boston#Stalemate|General Washington arrived]] 3.5 months later on 1775-07-02. During the following 8 months, the revolutions managed to install heavy artillery on [[w:Fortification of Dorchester Heights|Dorchester Heights]], which overlooked Boston harbor in a way that could prevent the British from getting more supplies. The British retreated. During the next five years, the revolutionaries won enough battles to encourage the French to provide more support [[w:Southern theater of the American Revolutionary War|until the British general Cornwallis]] constructed a fortified naval port at Yorktown, where he could be resupplied or evacuated. Then [[w:Battle of the Chesapeake|the French navy bottled up the Chesapeake]] while French military units helped Washington convince Cornwallis to surrender.<ref>Graves (2005).</ref> Historians describe the "[[w:Age of Revolution|Age of Revolution]] as starting with the [[w:Age of Revolution#American Revolution (1765–1783)|American Revolution (1765–1783)]], encompassing revolutionary violence in many countries from Europe to Latin America, the vast majority of which arguably replaced one brutal repressive system with another. Many got improvements in the rule of law through adoption of procedures like the [[w:Napoleonic Code|Napoleonic Code]], but few got substantive improvements in democracy. [[The Great American Paradox|The US is ''not'' an exception]]: Almost 60 percent of adult white males could vote before the revolution, and the violence of the revolution did not change that. This is consistent with the [[Freedom and abundance|twenty-first century research by Chenoweth and Stephan (2011), which found no change in the average level of democratization in the over 200 violent revolutions of the twentieth century. By contrast, win or lose, major nonviolent governmental change efforts increased the average level of democratization. Between 1792 and 1920 the right to vote was gradually extended to all adult males then to females, supported by political agitation and a media system whose ownership was still quite broadly held. During the 1930s with over 20 percent of the workforce unemployed, newspapers could not retain an audience by blaming the unemployed for their plight. That environment helped the Franklin Roosevelt administration get popular support to tax the ultra-wealthy like they had never been taxed before or since. And during world War II, FDR got the support needed to impose wage and price controls to limit price gouging that had stifled economic growth and generated inflation in previous major wars, like the War of 1812, the Civil War and World War I. The result was unprecedented economic growth with only nominal inflation, as documented in the chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]. == The consolidation of ownership of the major media since the end of World War II == The development of broadcasting differed from that of newspapers in at least two ways that may have had a substantial impact on concentration of ownership: # It is not easy to charge for what is broadcasted without government intervention, unlike newspapers, which can charge for a copy of the paper. # Content for broadcasting has been easily and quickly shared between different broadcasters by electronic means. That increases the incentives for organizational integration among broadcasters over what was available between the time that [[w:List of the oldest newspapers|newspapers started appearing in the 1600s]] and two centuries later as steam and later electronics began to dramatically increase the speed of communications. [[w:History of broadcasting|As radio technology was being developed, many governments established state-sponsored networks]], sometimes with competing commercial systems. Developments in intellectual property law since the 1600s also made it easier for major corporations to dominate the development of broadcasting. [[w:Guglielmo Marconi|Guglielmo Marconi]] was a leader among many attempting to develop wireless telegraphy in the late nineteenth century. [[w:Guglielmo Marconi#Transmission breakthrough|In 1895 he demonstrated a transmitter and receiver]] able to communicate up to two miles. [[w:Invention of radio|A few years later it was used for ship-to-shore]] communications. In the US, Marconi [[w:Broadcasting in the United States#Commercial development|Marconi]] created the [[w:Marconi Wireless Telegraph Company of America|Marconi Wireless Telegraph Company of America]] in 1899, which was nationalized by the US government during [[w:World War I|World War I]]. After the war, US government officials did ''not'' want to return control of the company to its British owners, so it was sold in 1919 as a [[w:patent trust|patent trust]] called [[w:Radio Corporation of America|Radio Corporation of America]], owned by a partnership of [[w:General Electric| General Electric]] (GE), [[w:Westinghouse|Westinghouse]], [[w:AT&T Corporation|AT&T]] and [[w:United Fruit Company|United Fruit]]. Their mission was to make and sell radio equipment. In 1926 they created the [[w:NBC#History|National Broadcasting Company (NBC)]] to produce content. [[w:Competition law|Antitrust action]] in 1932 forced GE to sell RCA and NBC. The [[w:Columbia Broadcasting System|Columbia Broadcasting System]] (CBS) began in 1927. NBC split into "Red" and "Blue" networks. In 1939 antitrust action forced NBC to divest its Blue network, which became the [[w:American Broadcasting Company|American Broadcasting Company]] (ABC). A decade later, in 1949 ABC merged with United Paramount Theatres after antitrust action forced the latter to divest itself from its movie production business. There were other, smaller networks, but as television became feasible, NBC, CBS, and ABC became the "[[w:Big Three (American television)|Big Three]]" dominating television in the US after [[w:World War II|World War II]]. Biased reporting by that [[w:Oligopoly|oligopoly]] facilitated the rise of [[w:McCarthyism|McCarthyism]] and have made politicians unelectable unless they support policies contrary to the best interests of the vast majority of their constituents, as discussed in the rest of this book. The decline in inequality documented in Figures 4 and 5 of the chapter on "[[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]" meant that the ultra-wealth could not afford as many personal servants, and the success of iconoclasts like [[w:Ralph Nader|Ralph Nader]] threatened their control of the political economy. Meanwhile the media coverage given to the [[w:Civil rights movement|civil rights movement]] of the 1950s and 1960s generated a backlash among those who resented the loss of their previous racial-based social superiority and complained that the mainstream media had a liberal bias. These claims were already well established by the time [[w:Richard Nixon|Richard Nixon]] became US president in 1969.<ref>Major (2019).</ref> In this environment, [[w:Lewis F. Powell Jr.|Lewis Powell]] wrote a confidential memorandum titled, "Attack on American Free Enterprise System"<ref>Powell (1971).</ref> for the [[w:United States Chamber of Commerce|US Chamber of Commerce]] after he had agreed to serve on the [[w:Supreme Court of the United States|US Supreme Court]] but before he was officially nominated. This memo recommended that business elites fund a conservative research organizations and "monitor" the media and activities on universities and become more politically active in lobbying to support the interests of big business. That inspired of multiple right-wing think tanks and lobbying organizations that have since had a major influence on the US political economy. This includes the creation of the [[w:Business Roundtable|Business Roundtable]] on 1972-10-13, [[w:The Heritage Foundation|The Heritage Foundation]], 1973-02-16, the [[w:American Legislative Exchange Council|American Legislative Exchange Council]] (ALEC), September 1973, the [[w:Cato Institute|Cato Institute]], January 1977, and the [[w:Manhattan Institute for Policy Research|Manhattan Institute for Policy Research]], in 1978. As documented in the chapter on [[Media Literacy and You/Criminal justice|Criminal justice]], beginning around 1975 the major media fired nearly all their investigative journalists and replaced them with the police blotter. This replaced reporting on questionable business practices with individual crime. The public thought that crime was out of control, when there had been no substantive change in crime. They voted in a generation of politicians promising to get tough on crime, and the portion of the US population in state and federal prisons shot up from roughly 0.1 percent, where it had been over the previous 50 years, to closer to 0.5 percent in the next 25 years. Beginning in the 1980s major corporations strengthened their control of the "Big Three" broadcast networks. [[w:NBC|GE bought RCA including NBC]] in late 1986 and immediately divested itself of RCA's other assets, retaining only NBC. In 2004 they merged with the French media company [[w:Vivendi|Vivendi]], forming [[w:NBCUniversal|NBCUniversal]]. In 2011 Comcast purchased a controlling interest in NBCUniversal. And [[w:Westinghouse Electric Corporation|Westinghouse Electric Corporation]] bought CBS in 1994. ==Fairness Doctrine== In 1987 the FCC ended the [[w:Fairness doctrine|fairness doctrine]], with conservatives claiming it was biased against them. A cynic might argue that honest conservatives should be able to negotiate a fairness doctrine that was more equitable, unless, of course, conservative media is of its essence in herently unfair. This view is supported by research by Reece Peck, Anthony Nadler, and others, and by the settlement in ''[[w:Dominion Voting Systems v. Fox News Network|Dominion v. Fox]]'', discussed further below. [[w:Project 2025|Project 2025]] recommended stripping public funds from the [[w:Corporation for Public Broadcasting|Corporation for Public Broadcasting]], which included the [[w:PBS|Public Broadcasting Service (PBS)]], i.e., public television, and [[w:NPR|National Public Radio (NPR)]]. They added, "Stripping public funding would, of course, mean that NPR, PBS, Pacifica Radio, and the other leftist broadcasters would be shorn of the presumption that they act in the public interest ... . They should no longer, for example, be qualified as noncommercial education stations (NCE stations), which they clearly no longer are."<ref>Project 2025 (pp. 246-251).</ref> [[Fighting back against the campaign of censorship and control|On 2025-09-12 FCC Commissioner Anna Gomez agreed that broadcasters have]] "public interest obligations". However, the "FCC is being weaponized by using an undefined and distorted public interest justification for targeting government critics and censoring disfavored content. ... [R]egardless of how often or how loudly the Commission asserts that it has the right to police media bias because broadcasters have a public interest obligation, that is simply not true. The long defunct fairness doctrine is the closest thing to the vague standard being asserted. ... [B]efore initiating any more retaliatory investigations or politically motivated actions, the FCC must initiate a proceeding to define what the public interest means." But as long as the FCC can get what it wants from broadcasters ''without issuing an official ruling'', those actions are not reviewable by courts, where the FCC would likely lose.<ref>Gomez (2025).</ref> A section below on the [[#Evolution of political polarization in the US Congress|Evolution of political polarization in the US Congress]] shows how political polarization in the US Congress has increased since Richard Nixon became president in 1969. One contributor to this trend since 1987 may have been changes in the editorial policies of the major media encouraged by the demise of the Fairness Doctrine. [[w:Ursinus College|Ursinus College]] communications professor Anthony Nadler,<ref><!--Anthony Nadler-->{{cite Q|Q135514734}}</ref> interviewed 2026-01-15 in for the fortnightly ''[[:Category:Media reform to improve democracy|Media & Democracy]]'' series of 29:00 mm:ss podcasts syndicated for the [[w:List of Pacifica Radio stations and affiliates|Pacifica radio network]], claimed that "[[Conservative media are different]]" especially in how they tell their audiences how they are routinely "shamed and stigmatized by liberal elites",<ref>e.g., Nadler and Taussig (2025).</ref> cultivating self-righteous anger against the haughty, evil libs. [[w:Ari Fleischer|Ari Fleischer]], Fox contributor and former [[w:White House Press Secretary|White House Press Secretary]] for President [[w:George W. Bush|George W. Bush]], contributes to these claims with his (2022) book on, ''Suppression, Deception, Snobbery, and Bias''. == Liberal Judges == Conservatives have long complained about "liberal" judges. In the 1966 ''[[w:Miranda v. Arizona|Miranda]]'' ruling, the US Supreme Court said that confessions cannot be used unless law enforcement first advised suspects of their constitutional rights. Without that, confessions cannot be used in court. Conservatives complained that the decision undermined the efficiency of the police and argued that it would contribute to an increase in crime. Complaints like this combined with the Powell memorandum mentioned above helped inspire the creation of the [[w:Federalist Society|Federalist Society]] 1982-04-03 to challeng [[w:Liberalism in the United States|liberal]] or [[w:Left-wing politics|left-wing]] ideology within American law schools and universities. They have since played a major role in networking and mentoring young conservative attorneys and recommending conservatives for judicial appointments. In that regard, they have had considerable success, contributing to US Supreme Court decisions like ''[[w:Citizens United v. FEC|Citizens United]]'', which cynic describe as saying that corporations are people, money is speech, and humans are second-class citizens. The major media have a conflict of interest in honestly reporting on the impact of such rulings. == Election denialism == :''The rules of evidence in the court of public opinion is whatever will most please those who control most of the money for the media.'' :''The rules of evidence in courts of law in the US tend to be more equitable.'' In 1980 Republican Christian Conservative [[w:Paul Weyrich|Paul Weyrich]] said, [[q:Paul Weyrich|I don't want I don't want everybody to vote. ... [O]ur leverage in the elections ... goes up as the voting populace goes down.]]<ref>Weyrich (1980).</ref> In 1981, the [[w:Republican National Committee|Republican National Committee]] (RNC) created the [[w:Ballot Security Task Force|National Ballot Security Task Force]] to discourage voter turnout among likely Democratic voters in the gubernatorial election. The [[w:Democratic National Committee|Democratic National Committee]] (DNC) sued claiming a violation of the [[w:Voting Rights Act of 1965|Voting Rights Act of 1965]], illegal harassment, and voter intimidation. The RNC and New Jersey Republican State Committee entered into a consent decree in 1982 agreeing to stop doing it. That consent decree was repeatedly extended with Democrats arguing that recent campaigns showed it was still unnecessary until a different judge decided not to extend it in 2018. The decision in ''[[w:Fish v. Kobach|Fish v. Kobach]]'' provides some of the most compelling documentation of Republican attempts to disfranchise likely Democratic voters. Judge [[w:Julie A. Robinson|Julie Robinson]], who had been appointed to the bench by president [[w:George W. Bush|George W. Bush]], a Republican, found that "31,089 total applicants ... were denied registration for failure to provide DPOC, ... [which] represented 12.4% of new voter registrations between January 1, 2013 and December 11, 2015".<ref>Robinson (2018, pp. 26-28).</ref> Meanwhile, Kansas Secretary of State Kobach, who claimed this was a massive problem, provided evidence of only 39 cases of non-citizens having registered to vote in Kansas, which represented only "0.002% of all registered voters".<ref>Robinson (2018, pp. 87-89).</ref> In that case, [[w:Hans von Spakovsky|Hans von Spakovsky]], a senior fellow at [[w:The Heritage Foundation|The Heritage Foundation]], testified that a [[w:United States Government Accountability Office|U.S. GAO]] 'found that up to 3 percent of the 30,000 individuals called for jury duty from voter registration roles over a two-year period in just one U.S. district court were not U.S. citizens.' On cross-examination, however, he acknowledged that he had misleadingly failed to mention that the GAO study in question contained information from 8 district courts. Four of the 8 reported that there was not a single non-citizen who had been called for jury duty, and the 3 remaining district courts reported that less than 1% of those called for jury duty from voter rolls were noncitizens. Judge Robinson concluded that "his clear agenda and misleading statements ... render his opinions unpersuasive." [[w:Election denial movement in the United States|Regarding the specific claim that the 2020 election was stolen from Trump]], in March 2021, [[w:Dominion Voting Systems|Dominion Voting Systems]] sued Fox for defamation, because Fox repeatedly broadcasted claims that the [2020 election had been stolen from Trump. During [[w:Discovery (law)|pre-trial discovery]], Dominion obtained numerous internal Fox communications that documented that Fox had initially called the [[w:2020 United States presidential election|2020 United States presidential election]] for Biden. Then Fox executives saw that they were losing audience to other conservative outlets that were claiming that the election had been stolen from Trump, so they switched to repeating that fraudulent claim to protect their audience share. On 2023-04-18 Fox agreed to pay Dominion $787.5 million -- over three quarters of a billion dollars -- while agreeing that they had lied to their audience; the settlement did ''not'' require Fox to admit to their audience that they had lied to them. If Fox had 6 percent higher audience for a year, they made money lying to their audience, even after paying Dominion $787.5 million. Over 1.5 years later, a survey conducted the month after the 2024 US presidential election found that 63 percent of Republicans and 31 percent of voters overall still believed that 2020 election had been stolen from Trump.<ref>Public Religion Research Institute (2024).</ref> == Evolution of political polarization in the US Congress == [Coming soon, summarizing an update to "[[Evolution of political polarization in the US Congress]]".] == Exercises == 1. Create a list of your greatest concerns, identify sources for contrary information about those issues, and spend some of your free time with them and less with for-profit media media like television and commercial social media. 2. Get on email lists and / or social media of your elected officials to see what they are telling their constituents. US citizens and residents can contact representatives in the US Congress. You do not have to be eligible to vote in the US to contact them or to talk politics with others. However, elected officials may not respond if you cannot claim residence in their jurisdiction. At [https://www.house.gov house.gov] you are asked to "Enter your zip code" under "FIND YOUR REPRESENTATIVE". At [https://www.senate.gov senate.gov], they want the your state. 3. Pick an issue that most concerns you and review relevant research literature on appropriate Wikipedia articles -- and maybe in this book -- and maybe also [https://scholar.google.com Google Scholar]. 3.1. Send emails to appropriate elected officials asking their thoughts and their response to claims you found in the literature. 3.2. Call their office phone number and ask to speak with someone about the issue outlined in your email. 4. Discuss your experience with others. Invite them to join you in meeting(s) (via Zoom?) with staff(s) of elected official(s) if you can arrange such. If others agree, then go to web site(s) of your elected representative(s) and request a meeting. 5. Share your experience in some appropriate place in this book, e.g., a "Discuss" page associated with a chapter relative to the issue of your concern or to the main ''[[Media Literacy and You]]'' page. == See also == == Notes == {{reflist}} == Bibliography == * <!--Daron Acemoğlu and James A. Robinson (2012-03-20). Why Nations Fail: The Origins of Power, Prosperity, and Poverty (in en). Crown Publishing Group-->{{cite Q|Q7997840}} * <!--Chenoweth and Stephan (2011) Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict-->{{cite Q|Q88725216}} * <!--John E. Ferling (1988) The First of Men-->{{cite Q|Q59297825}} * <!-- Bernhard Fulda (2009) Press and Politics in the Weimar Republic (Oxford U. Pr)-->{{cite Q|Q123561961}} * <!--Anna Gomez (2025-09-12) "Fighting back against the campaign of censorship and control", presentation to the Grassroots Radio Conference-->{{cite Q|Q138499094}} * <!--Spencer Graves (2005-02-26) "Violence, Nonviolence, and the American Revolution"-->{{cite Q|Q58635938}} * <!--Don Higginbotham (2001) George Washington Reconsidered-->{{cite Q|Q59362787|author=Don Higginbotham, ed.}} * <!--Richard R. John (1995) Spreading the News: The American Postal System from Franklin to Morse-->{{cite Q|Q54641943}} * <!--Richard R. John and Jonathan Silberstein-Loeb (eds.; 2015) Making News: The Political Economy of Journalism in Britain and America from the Glorious Revolution to the Internet (Oxford University Press)-->{{cite Q|Q131468166}} * <!--Alexander Keyssar (2000) The Right to Vote: The Contested History of Democracy in the United States-->{{cite Q|Q97621556}} * <!--Mark Major (2019) "Bridging the Marginal and the Mainstream: Methodological Considerations for Conservative News as a Subfield", ch. 12 in Nadler and Bauer-->{{cite Q|Q138497692}} * <!-- Robert W. McChesney; John Nichols (2010). The Death and Life of American Journalism (Bold Type Books) -->{{cite Q|Q104888067}}. * <!--Anthony Nadler and Doron Taussig (2025) "The Social Construction of Right-Wing Reality"-->{{cite Q|Q137857779}} * <!--Gary B. Nash (2005) The Unknown American Revolution-->{{cite Q|Q59319726}} * <!--Glenn A. Phelps (2001) The Republican General, ch. 7 in Higginbotham-->{{cite Q|Q138211200}} * <!--Lewis F. Powell Jr. (1971) Attack on American Free Enterprise System-->{{cite Q|Q16577699}} * <!-- Project 2025-->{{cite Q|Q122382481}} * <!--Public Religion Research Institute (2024-12-13) " Analyzing the 2024 Presidential Vote: PRRI’s Post-Election Survey"-->{{cite Q|Q136415370}} * {{Citation | last = Robinson | first = Julie A. | date = 2018-06-18 | title = Findings of fact and conclusions of law in Fish v. Kobach, Case No. 16-2105-JAR-JPO, and Bednasek and Kobach, Case No. 15-9300-JAR-JPO (published 2018-06-18 with corrections 2018-06-19) | publisher = US District Court for the District of Kansas | url = https://www.courtlistener.com/recap/gov.uscourts.ksd.110435/gov.uscourts.ksd.110435.542.0_3.pdf | accessdate = 2018-06-28}} * <!-- Alexis de Tocqueville (1835, 1840; trad. 2001) Democracy in America (trans. by Richard Heffner, 2001; New America Library) -->{{cite Q|Q112166602|publication-date=unset|author=Alexis de Tocqueville (1835, 1840; trad. 2001)}} * <!--Paul Weyrich (1980-08) "I don't want everybody to vote"-->{{cite Q|Q98749513}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Education]] [[Category:Economics]] [[Category:Armed forces and combat]] [[Category:Immigration]] [[Category:Self improvement]] [[Category:Media Literacy and You]] [[Category:Social media]] <!-- https://en.wikiversity.org/wiki/Category_Review --> 4w0cdrs5d0ip7p81ujh0sy3z6581lt0 2809439 2809438 2026-05-15T06:34:52Z DavidMCEddy 218607 /* Bibliography */ add Fleischer 2809439 wikitext text/x-wiki :''I am entitled to my [[Wiktionary:cockamamie|cockamamie]] ideas, and you are entitled to yours.'' [Humor is important but must be offered in a way that does not offend others. If others are offended, they may be less interested in dialogue.] :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. The previous chapter on [[Media Literacy and You/The impact of the media on political economy since the time of the Pharaohs|The impact of the media on political economy since the time of the Pharaohs]] describes how hierarchical societies prior to King James of the King James bible were divided between those who fought, prayed, and worked. It was the responsibility of those who prayed to convince those who worked to live in poverty while giving increasing shares of what they produced so those who fought and prayed could live lives of leisure and opulence. During the reign of King James, pamphlets and newspapers began to compete with the church for helping commoners understand their roles in society. This produced the Industrial Revolution and modern democracies. Media consolidation since World War II gradually slowed and then reversed this trend. Then a chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]] describes how Fox convinced its audience and a critical mass of the electorate that President Franklin Roosevelt (FDR)'s New Deal made the Great Depression ''worse'', not better. That chapter provides plots that seem to contradict the "experts" featured by Fox. The existence of that contrary evidence suggests that by talking politics calmly and respectfully with others with whom we may vehemently disagree, we may be able to build a culture in which we can agree to disagree agreeably and collaborate effectively to study the available evidence and make progress on issues of common concern. This chapter discusses the relative importance of the US [[w:Postal Service Act|Postal Service Act]] of 1792, the consolidation of ownership of the major media since the end of World War II, the rise of social media, in recent decades, and the evolution of political polarization in the history of the [[w:United States Congress|US Congress]]. == American Revolution and the US Postal Service Act of 1792== A major concern of the [[w:Continental Congress|Continental Congress]] meeting in Philadelphia between 1774 and 1789 was censorship of the press by King [[w:George III|George]]'s postal service. The revolutionaries agreed that the survival of their experiment in Republican government depended on an electorate with access to diverse views. Those discussions led to the US [[w:Postal Service Act|Postal Service Act]] of 1792, under which newspapers were delivered up to 100 miles for a penny when first class postage was between 6 and 25 cents. Those subsidies gave the young United States of American more independent newspaper publishers per million population in the early nineteenth century than at any other time or place in human history.<ref>John and Graves (2025). John (1995).</ref> These subsidies amounted to roughly 0.21 percent of GDP in 1841, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, pp. 310-311, note 88).</ref> [[w:Alexis de Tocqueville|Alexis de Tocqueville]], who visited the relatively young United States in 1831, wrote, "There is scarcely a hamlet that does not have its own newspaper."<ref>Tocqueville (1835, p. 93).</ref> That diversity of independent newspaper publishers per million population began to decline in the 1850s and 1860s as high speed rotary presses reduced the per issue cost of printing a newspaper while increasing the capital required to start a newspaper.<ref>John and Silberstein-Loeb (2015, p. 80).</ref> However, that diversity did not disappear overnight. It apparently continued to encourage literacy and limit political corruption, both of which helped the US stay together and grow in land area and average annual income while expanding the right to vote as contemporary New Spain, then Mexico, fractured, shrank and stagnated economically. The Wikiversity article on "[[The Great American Paradox]]" suggests three reasons why the young US fared better than Mexico and other countries in that "[[w:Age of Revolution|Age of Revolution]]" from late late-18th to the mid-19th centuries:<ref>"[[The Great American Paradox]]" accessed 2026-02-12.</ref> # '''Advanced democracy before the revolution''': The British colonies that rebelled in 1776 already had possibly the most advanced democratic culture on the planet at that time. Acemoglu and Robinson document how the British colonies that became the US all initially ''failed'' until they switched from autocratic, extractive governance to giving property to substantial portions of the population and a voice in a colonial legislature to all adult male property owners.<ref>Acemoglu and Robinson (2012, pp. 26-27).</ref> By 1776 almost 60 percent of adult white males could vote, and the violence of the Revolution did not change that.<ref>Keyssar (2000, pp. 7, 24); Graves (2005).</ref> # '''Citizen-directed subsidies for news''': Citizen-directed subsidies for newspapers provided by the [[w:Postal Service Act|US Postal Service Act of 1792]] helped limit political corruption and encourage literacy, as previously mentioned. # '''Washington did not win the Revolution''': Some historians insist that Washington did not win many battles. His success came from attracting enough humans to join the [[w:Continental Army|Continental Army]] and keep it in the field for the 6.5 years between the "[[w:Shot heard round the world|Shot heard round the world]]" at [[w:Battles of Lexington and Concord|Lexington and Concord]], 1775-04-19 to the surrender of [[w:Charles Cornwallis, 1st Marquess Cornwallis|General Cornwallis]] at [[w:Siege of Yorktown|Yorktown]] 1781-10-19<ref>e.g., Phelps (2001). Washington was perpetually short of supplies. His own state of Virginia often could not send their allotment of troops, because they were needed for slave patrols, as reported by Nash (2005, pp. 344-345). Many in Washington's army often did not have shoes. This made it hard for them to move, especially in the winter, because the British could easily follow the blood in the snow, as mentioned by Raphael (2001, p. 89).</ref> and keep from getting captured.<ref>Ferling (1988).</ref> He was active enough to provoking the British to do stupid things and manufacture enemies for themselves without getting captured or otherwise defeated during that period. Standard histories of the American Revolution begin with the [[w:Battles of Lexington and Concord|Battles of Lexington and Concord]], 1775-04-19. This in essence initiated the [[w:Siege of Boston|Siege of Boston]]. [[w:Siege of Boston#Stalemate|General Washington arrived]] 3.5 months later on 1775-07-02. During the following 8 months, the revolutions managed to install heavy artillery on [[w:Fortification of Dorchester Heights|Dorchester Heights]], which overlooked Boston harbor in a way that could prevent the British from getting more supplies. The British retreated. During the next five years, the revolutionaries won enough battles to encourage the French to provide more support [[w:Southern theater of the American Revolutionary War|until the British general Cornwallis]] constructed a fortified naval port at Yorktown, where he could be resupplied or evacuated. Then [[w:Battle of the Chesapeake|the French navy bottled up the Chesapeake]] while French military units helped Washington convince Cornwallis to surrender.<ref>Graves (2005).</ref> Historians describe the "[[w:Age of Revolution|Age of Revolution]] as starting with the [[w:Age of Revolution#American Revolution (1765–1783)|American Revolution (1765–1783)]], encompassing revolutionary violence in many countries from Europe to Latin America, the vast majority of which arguably replaced one brutal repressive system with another. Many got improvements in the rule of law through adoption of procedures like the [[w:Napoleonic Code|Napoleonic Code]], but few got substantive improvements in democracy. [[The Great American Paradox|The US is ''not'' an exception]]: Almost 60 percent of adult white males could vote before the revolution, and the violence of the revolution did not change that. This is consistent with the [[Freedom and abundance|twenty-first century research by Chenoweth and Stephan (2011), which found no change in the average level of democratization in the over 200 violent revolutions of the twentieth century. By contrast, win or lose, major nonviolent governmental change efforts increased the average level of democratization. Between 1792 and 1920 the right to vote was gradually extended to all adult males then to females, supported by political agitation and a media system whose ownership was still quite broadly held. During the 1930s with over 20 percent of the workforce unemployed, newspapers could not retain an audience by blaming the unemployed for their plight. That environment helped the Franklin Roosevelt administration get popular support to tax the ultra-wealthy like they had never been taxed before or since. And during world War II, FDR got the support needed to impose wage and price controls to limit price gouging that had stifled economic growth and generated inflation in previous major wars, like the War of 1812, the Civil War and World War I. The result was unprecedented economic growth with only nominal inflation, as documented in the chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]. == The consolidation of ownership of the major media since the end of World War II == The development of broadcasting differed from that of newspapers in at least two ways that may have had a substantial impact on concentration of ownership: # It is not easy to charge for what is broadcasted without government intervention, unlike newspapers, which can charge for a copy of the paper. # Content for broadcasting has been easily and quickly shared between different broadcasters by electronic means. That increases the incentives for organizational integration among broadcasters over what was available between the time that [[w:List of the oldest newspapers|newspapers started appearing in the 1600s]] and two centuries later as steam and later electronics began to dramatically increase the speed of communications. [[w:History of broadcasting|As radio technology was being developed, many governments established state-sponsored networks]], sometimes with competing commercial systems. Developments in intellectual property law since the 1600s also made it easier for major corporations to dominate the development of broadcasting. [[w:Guglielmo Marconi|Guglielmo Marconi]] was a leader among many attempting to develop wireless telegraphy in the late nineteenth century. [[w:Guglielmo Marconi#Transmission breakthrough|In 1895 he demonstrated a transmitter and receiver]] able to communicate up to two miles. [[w:Invention of radio|A few years later it was used for ship-to-shore]] communications. In the US, Marconi [[w:Broadcasting in the United States#Commercial development|Marconi]] created the [[w:Marconi Wireless Telegraph Company of America|Marconi Wireless Telegraph Company of America]] in 1899, which was nationalized by the US government during [[w:World War I|World War I]]. After the war, US government officials did ''not'' want to return control of the company to its British owners, so it was sold in 1919 as a [[w:patent trust|patent trust]] called [[w:Radio Corporation of America|Radio Corporation of America]], owned by a partnership of [[w:General Electric| General Electric]] (GE), [[w:Westinghouse|Westinghouse]], [[w:AT&T Corporation|AT&T]] and [[w:United Fruit Company|United Fruit]]. Their mission was to make and sell radio equipment. In 1926 they created the [[w:NBC#History|National Broadcasting Company (NBC)]] to produce content. [[w:Competition law|Antitrust action]] in 1932 forced GE to sell RCA and NBC. The [[w:Columbia Broadcasting System|Columbia Broadcasting System]] (CBS) began in 1927. NBC split into "Red" and "Blue" networks. In 1939 antitrust action forced NBC to divest its Blue network, which became the [[w:American Broadcasting Company|American Broadcasting Company]] (ABC). A decade later, in 1949 ABC merged with United Paramount Theatres after antitrust action forced the latter to divest itself from its movie production business. There were other, smaller networks, but as television became feasible, NBC, CBS, and ABC became the "[[w:Big Three (American television)|Big Three]]" dominating television in the US after [[w:World War II|World War II]]. Biased reporting by that [[w:Oligopoly|oligopoly]] facilitated the rise of [[w:McCarthyism|McCarthyism]] and have made politicians unelectable unless they support policies contrary to the best interests of the vast majority of their constituents, as discussed in the rest of this book. The decline in inequality documented in Figures 4 and 5 of the chapter on "[[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]" meant that the ultra-wealth could not afford as many personal servants, and the success of iconoclasts like [[w:Ralph Nader|Ralph Nader]] threatened their control of the political economy. Meanwhile the media coverage given to the [[w:Civil rights movement|civil rights movement]] of the 1950s and 1960s generated a backlash among those who resented the loss of their previous racial-based social superiority and complained that the mainstream media had a liberal bias. These claims were already well established by the time [[w:Richard Nixon|Richard Nixon]] became US president in 1969.<ref>Major (2019).</ref> In this environment, [[w:Lewis F. Powell Jr.|Lewis Powell]] wrote a confidential memorandum titled, "Attack on American Free Enterprise System"<ref>Powell (1971).</ref> for the [[w:United States Chamber of Commerce|US Chamber of Commerce]] after he had agreed to serve on the [[w:Supreme Court of the United States|US Supreme Court]] but before he was officially nominated. This memo recommended that business elites fund a conservative research organizations and "monitor" the media and activities on universities and become more politically active in lobbying to support the interests of big business. That inspired of multiple right-wing think tanks and lobbying organizations that have since had a major influence on the US political economy. This includes the creation of the [[w:Business Roundtable|Business Roundtable]] on 1972-10-13, [[w:The Heritage Foundation|The Heritage Foundation]], 1973-02-16, the [[w:American Legislative Exchange Council|American Legislative Exchange Council]] (ALEC), September 1973, the [[w:Cato Institute|Cato Institute]], January 1977, and the [[w:Manhattan Institute for Policy Research|Manhattan Institute for Policy Research]], in 1978. As documented in the chapter on [[Media Literacy and You/Criminal justice|Criminal justice]], beginning around 1975 the major media fired nearly all their investigative journalists and replaced them with the police blotter. This replaced reporting on questionable business practices with individual crime. The public thought that crime was out of control, when there had been no substantive change in crime. They voted in a generation of politicians promising to get tough on crime, and the portion of the US population in state and federal prisons shot up from roughly 0.1 percent, where it had been over the previous 50 years, to closer to 0.5 percent in the next 25 years. Beginning in the 1980s major corporations strengthened their control of the "Big Three" broadcast networks. [[w:NBC|GE bought RCA including NBC]] in late 1986 and immediately divested itself of RCA's other assets, retaining only NBC. In 2004 they merged with the French media company [[w:Vivendi|Vivendi]], forming [[w:NBCUniversal|NBCUniversal]]. In 2011 Comcast purchased a controlling interest in NBCUniversal. And [[w:Westinghouse Electric Corporation|Westinghouse Electric Corporation]] bought CBS in 1994. ==Fairness Doctrine== In 1987 the FCC ended the [[w:Fairness doctrine|fairness doctrine]], with conservatives claiming it was biased against them. A cynic might argue that honest conservatives should be able to negotiate a fairness doctrine that was more equitable, unless, of course, conservative media is of its essence in herently unfair. This view is supported by research by Reece Peck, Anthony Nadler, and others, and by the settlement in ''[[w:Dominion Voting Systems v. Fox News Network|Dominion v. Fox]]'', discussed further below. [[w:Project 2025|Project 2025]] recommended stripping public funds from the [[w:Corporation for Public Broadcasting|Corporation for Public Broadcasting]], which included the [[w:PBS|Public Broadcasting Service (PBS)]], i.e., public television, and [[w:NPR|National Public Radio (NPR)]]. They added, "Stripping public funding would, of course, mean that NPR, PBS, Pacifica Radio, and the other leftist broadcasters would be shorn of the presumption that they act in the public interest ... . They should no longer, for example, be qualified as noncommercial education stations (NCE stations), which they clearly no longer are."<ref>Project 2025 (pp. 246-251).</ref> [[Fighting back against the campaign of censorship and control|On 2025-09-12 FCC Commissioner Anna Gomez agreed that broadcasters have]] "public interest obligations". However, the "FCC is being weaponized by using an undefined and distorted public interest justification for targeting government critics and censoring disfavored content. ... [R]egardless of how often or how loudly the Commission asserts that it has the right to police media bias because broadcasters have a public interest obligation, that is simply not true. The long defunct fairness doctrine is the closest thing to the vague standard being asserted. ... [B]efore initiating any more retaliatory investigations or politically motivated actions, the FCC must initiate a proceeding to define what the public interest means." But as long as the FCC can get what it wants from broadcasters ''without issuing an official ruling'', those actions are not reviewable by courts, where the FCC would likely lose.<ref>Gomez (2025).</ref> A section below on the [[#Evolution of political polarization in the US Congress|Evolution of political polarization in the US Congress]] shows how political polarization in the US Congress has increased since Richard Nixon became president in 1969. One contributor to this trend since 1987 may have been changes in the editorial policies of the major media encouraged by the demise of the Fairness Doctrine. [[w:Ursinus College|Ursinus College]] communications professor Anthony Nadler,<ref><!--Anthony Nadler-->{{cite Q|Q135514734}}</ref> interviewed 2026-01-15 in for the fortnightly ''[[:Category:Media reform to improve democracy|Media & Democracy]]'' series of 29:00 mm:ss podcasts syndicated for the [[w:List of Pacifica Radio stations and affiliates|Pacifica radio network]], claimed that "[[Conservative media are different]]" especially in how they tell their audiences how they are routinely "shamed and stigmatized by liberal elites",<ref>e.g., Nadler and Taussig (2025).</ref> cultivating self-righteous anger against the haughty, evil libs. [[w:Ari Fleischer|Ari Fleischer]], Fox contributor and former [[w:White House Press Secretary|White House Press Secretary]] for President [[w:George W. Bush|George W. Bush]], contributes to these claims with his (2022) book on, ''Suppression, Deception, Snobbery, and Bias''. == Liberal Judges == Conservatives have long complained about "liberal" judges. In the 1966 ''[[w:Miranda v. Arizona|Miranda]]'' ruling, the US Supreme Court said that confessions cannot be used unless law enforcement first advised suspects of their constitutional rights. Without that, confessions cannot be used in court. Conservatives complained that the decision undermined the efficiency of the police and argued that it would contribute to an increase in crime. Complaints like this combined with the Powell memorandum mentioned above helped inspire the creation of the [[w:Federalist Society|Federalist Society]] 1982-04-03 to challeng [[w:Liberalism in the United States|liberal]] or [[w:Left-wing politics|left-wing]] ideology within American law schools and universities. They have since played a major role in networking and mentoring young conservative attorneys and recommending conservatives for judicial appointments. In that regard, they have had considerable success, contributing to US Supreme Court decisions like ''[[w:Citizens United v. FEC|Citizens United]]'', which cynic describe as saying that corporations are people, money is speech, and humans are second-class citizens. The major media have a conflict of interest in honestly reporting on the impact of such rulings. == Election denialism == :''The rules of evidence in the court of public opinion is whatever will most please those who control most of the money for the media.'' :''The rules of evidence in courts of law in the US tend to be more equitable.'' In 1980 Republican Christian Conservative [[w:Paul Weyrich|Paul Weyrich]] said, [[q:Paul Weyrich|I don't want I don't want everybody to vote. ... [O]ur leverage in the elections ... goes up as the voting populace goes down.]]<ref>Weyrich (1980).</ref> In 1981, the [[w:Republican National Committee|Republican National Committee]] (RNC) created the [[w:Ballot Security Task Force|National Ballot Security Task Force]] to discourage voter turnout among likely Democratic voters in the gubernatorial election. The [[w:Democratic National Committee|Democratic National Committee]] (DNC) sued claiming a violation of the [[w:Voting Rights Act of 1965|Voting Rights Act of 1965]], illegal harassment, and voter intimidation. The RNC and New Jersey Republican State Committee entered into a consent decree in 1982 agreeing to stop doing it. That consent decree was repeatedly extended with Democrats arguing that recent campaigns showed it was still unnecessary until a different judge decided not to extend it in 2018. The decision in ''[[w:Fish v. Kobach|Fish v. Kobach]]'' provides some of the most compelling documentation of Republican attempts to disfranchise likely Democratic voters. Judge [[w:Julie A. Robinson|Julie Robinson]], who had been appointed to the bench by president [[w:George W. Bush|George W. Bush]], a Republican, found that "31,089 total applicants ... were denied registration for failure to provide DPOC, ... [which] represented 12.4% of new voter registrations between January 1, 2013 and December 11, 2015".<ref>Robinson (2018, pp. 26-28).</ref> Meanwhile, Kansas Secretary of State Kobach, who claimed this was a massive problem, provided evidence of only 39 cases of non-citizens having registered to vote in Kansas, which represented only "0.002% of all registered voters".<ref>Robinson (2018, pp. 87-89).</ref> In that case, [[w:Hans von Spakovsky|Hans von Spakovsky]], a senior fellow at [[w:The Heritage Foundation|The Heritage Foundation]], testified that a [[w:United States Government Accountability Office|U.S. GAO]] 'found that up to 3 percent of the 30,000 individuals called for jury duty from voter registration roles over a two-year period in just one U.S. district court were not U.S. citizens.' On cross-examination, however, he acknowledged that he had misleadingly failed to mention that the GAO study in question contained information from 8 district courts. Four of the 8 reported that there was not a single non-citizen who had been called for jury duty, and the 3 remaining district courts reported that less than 1% of those called for jury duty from voter rolls were noncitizens. Judge Robinson concluded that "his clear agenda and misleading statements ... render his opinions unpersuasive." [[w:Election denial movement in the United States|Regarding the specific claim that the 2020 election was stolen from Trump]], in March 2021, [[w:Dominion Voting Systems|Dominion Voting Systems]] sued Fox for defamation, because Fox repeatedly broadcasted claims that the [2020 election had been stolen from Trump. During [[w:Discovery (law)|pre-trial discovery]], Dominion obtained numerous internal Fox communications that documented that Fox had initially called the [[w:2020 United States presidential election|2020 United States presidential election]] for Biden. Then Fox executives saw that they were losing audience to other conservative outlets that were claiming that the election had been stolen from Trump, so they switched to repeating that fraudulent claim to protect their audience share. On 2023-04-18 Fox agreed to pay Dominion $787.5 million -- over three quarters of a billion dollars -- while agreeing that they had lied to their audience; the settlement did ''not'' require Fox to admit to their audience that they had lied to them. If Fox had 6 percent higher audience for a year, they made money lying to their audience, even after paying Dominion $787.5 million. Over 1.5 years later, a survey conducted the month after the 2024 US presidential election found that 63 percent of Republicans and 31 percent of voters overall still believed that 2020 election had been stolen from Trump.<ref>Public Religion Research Institute (2024).</ref> == Evolution of political polarization in the US Congress == [Coming soon, summarizing an update to "[[Evolution of political polarization in the US Congress]]".] == Exercises == 1. Create a list of your greatest concerns, identify sources for contrary information about those issues, and spend some of your free time with them and less with for-profit media media like television and commercial social media. 2. Get on email lists and / or social media of your elected officials to see what they are telling their constituents. US citizens and residents can contact representatives in the US Congress. You do not have to be eligible to vote in the US to contact them or to talk politics with others. However, elected officials may not respond if you cannot claim residence in their jurisdiction. At [https://www.house.gov house.gov] you are asked to "Enter your zip code" under "FIND YOUR REPRESENTATIVE". At [https://www.senate.gov senate.gov], they want the your state. 3. Pick an issue that most concerns you and review relevant research literature on appropriate Wikipedia articles -- and maybe in this book -- and maybe also [https://scholar.google.com Google Scholar]. 3.1. Send emails to appropriate elected officials asking their thoughts and their response to claims you found in the literature. 3.2. Call their office phone number and ask to speak with someone about the issue outlined in your email. 4. Discuss your experience with others. Invite them to join you in meeting(s) (via Zoom?) with staff(s) of elected official(s) if you can arrange such. If others agree, then go to web site(s) of your elected representative(s) and request a meeting. 5. Share your experience in some appropriate place in this book, e.g., a "Discuss" page associated with a chapter relative to the issue of your concern or to the main ''[[Media Literacy and You]]'' page. == See also == == Notes == {{reflist}} == Bibliography == * <!--Daron Acemoğlu and James A. Robinson (2012-03-20). Why Nations Fail: The Origins of Power, Prosperity, and Poverty (in en). Crown Publishing Group-->{{cite Q|Q7997840}} * <!--Chenoweth and Stephan (2011) Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict-->{{cite Q|Q88725216}} * <!--John E. Ferling (1988) The First of Men-->{{cite Q|Q59297825}} * <!--Ari Fleischer (2022) Suppression, Deception, Snobbery, and Bias-->{{cite Q|Q139801164}} * <!-- Bernhard Fulda (2009) Press and Politics in the Weimar Republic (Oxford U. Pr)-->{{cite Q|Q123561961}} * <!--Anna Gomez (2025-09-12) "Fighting back against the campaign of censorship and control", presentation to the Grassroots Radio Conference-->{{cite Q|Q138499094}} * <!--Spencer Graves (2005-02-26) "Violence, Nonviolence, and the American Revolution"-->{{cite Q|Q58635938}} * <!--Don Higginbotham (2001) George Washington Reconsidered-->{{cite Q|Q59362787|author=Don Higginbotham, ed.}} * <!--Richard R. John (1995) Spreading the News: The American Postal System from Franklin to Morse-->{{cite Q|Q54641943}} * <!--Richard R. John and Jonathan Silberstein-Loeb (eds.; 2015) Making News: The Political Economy of Journalism in Britain and America from the Glorious Revolution to the Internet (Oxford University Press)-->{{cite Q|Q131468166}} * <!--Alexander Keyssar (2000) The Right to Vote: The Contested History of Democracy in the United States-->{{cite Q|Q97621556}} * <!--Mark Major (2019) "Bridging the Marginal and the Mainstream: Methodological Considerations for Conservative News as a Subfield", ch. 12 in Nadler and Bauer-->{{cite Q|Q138497692}} * <!-- Robert W. McChesney; John Nichols (2010). The Death and Life of American Journalism (Bold Type Books) -->{{cite Q|Q104888067}}. * <!--Anthony Nadler and Doron Taussig (2025) "The Social Construction of Right-Wing Reality"-->{{cite Q|Q137857779}} * <!--Gary B. Nash (2005) The Unknown American Revolution-->{{cite Q|Q59319726}} * <!--Glenn A. Phelps (2001) The Republican General, ch. 7 in Higginbotham-->{{cite Q|Q138211200}} * <!--Lewis F. Powell Jr. (1971) Attack on American Free Enterprise System-->{{cite Q|Q16577699}} * <!-- Project 2025-->{{cite Q|Q122382481}} * <!--Public Religion Research Institute (2024-12-13) " Analyzing the 2024 Presidential Vote: PRRI’s Post-Election Survey"-->{{cite Q|Q136415370}} * {{Citation | last = Robinson | first = Julie A. | date = 2018-06-18 | title = Findings of fact and conclusions of law in Fish v. Kobach, Case No. 16-2105-JAR-JPO, and Bednasek and Kobach, Case No. 15-9300-JAR-JPO (published 2018-06-18 with corrections 2018-06-19) | publisher = US District Court for the District of Kansas | url = https://www.courtlistener.com/recap/gov.uscourts.ksd.110435/gov.uscourts.ksd.110435.542.0_3.pdf | accessdate = 2018-06-28}} * <!-- Alexis de Tocqueville (1835, 1840; trad. 2001) Democracy in America (trans. by Richard Heffner, 2001; New America Library) -->{{cite Q|Q112166602|publication-date=unset|author=Alexis de Tocqueville (1835, 1840; trad. 2001)}} * <!--Paul Weyrich (1980-08) "I don't want everybody to vote"-->{{cite Q|Q98749513}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Education]] [[Category:Economics]] [[Category:Armed forces and combat]] [[Category:Immigration]] [[Category:Self improvement]] [[Category:Media Literacy and You]] [[Category:Social media]] <!-- https://en.wikiversity.org/wiki/Category_Review --> syexjzcl3ooyoy6f9n8ivy5582k02iy 2809442 2809439 2026-05-15T06:50:17Z DavidMCEddy 218607 /* Fairness Doctrine */ add more from Fleischer 2809442 wikitext text/x-wiki :''I am entitled to my [[Wiktionary:cockamamie|cockamamie]] ideas, and you are entitled to yours.'' [Humor is important but must be offered in a way that does not offend others. If others are offended, they may be less interested in dialogue.] :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. The previous chapter on [[Media Literacy and You/The impact of the media on political economy since the time of the Pharaohs|The impact of the media on political economy since the time of the Pharaohs]] describes how hierarchical societies prior to King James of the King James bible were divided between those who fought, prayed, and worked. It was the responsibility of those who prayed to convince those who worked to live in poverty while giving increasing shares of what they produced so those who fought and prayed could live lives of leisure and opulence. During the reign of King James, pamphlets and newspapers began to compete with the church for helping commoners understand their roles in society. This produced the Industrial Revolution and modern democracies. Media consolidation since World War II gradually slowed and then reversed this trend. Then a chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]] describes how Fox convinced its audience and a critical mass of the electorate that President Franklin Roosevelt (FDR)'s New Deal made the Great Depression ''worse'', not better. That chapter provides plots that seem to contradict the "experts" featured by Fox. The existence of that contrary evidence suggests that by talking politics calmly and respectfully with others with whom we may vehemently disagree, we may be able to build a culture in which we can agree to disagree agreeably and collaborate effectively to study the available evidence and make progress on issues of common concern. This chapter discusses the relative importance of the US [[w:Postal Service Act|Postal Service Act]] of 1792, the consolidation of ownership of the major media since the end of World War II, the rise of social media, in recent decades, and the evolution of political polarization in the history of the [[w:United States Congress|US Congress]]. == American Revolution and the US Postal Service Act of 1792== A major concern of the [[w:Continental Congress|Continental Congress]] meeting in Philadelphia between 1774 and 1789 was censorship of the press by King [[w:George III|George]]'s postal service. The revolutionaries agreed that the survival of their experiment in Republican government depended on an electorate with access to diverse views. Those discussions led to the US [[w:Postal Service Act|Postal Service Act]] of 1792, under which newspapers were delivered up to 100 miles for a penny when first class postage was between 6 and 25 cents. Those subsidies gave the young United States of American more independent newspaper publishers per million population in the early nineteenth century than at any other time or place in human history.<ref>John and Graves (2025). John (1995).</ref> These subsidies amounted to roughly 0.21 percent of GDP in 1841, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, pp. 310-311, note 88).</ref> [[w:Alexis de Tocqueville|Alexis de Tocqueville]], who visited the relatively young United States in 1831, wrote, "There is scarcely a hamlet that does not have its own newspaper."<ref>Tocqueville (1835, p. 93).</ref> That diversity of independent newspaper publishers per million population began to decline in the 1850s and 1860s as high speed rotary presses reduced the per issue cost of printing a newspaper while increasing the capital required to start a newspaper.<ref>John and Silberstein-Loeb (2015, p. 80).</ref> However, that diversity did not disappear overnight. It apparently continued to encourage literacy and limit political corruption, both of which helped the US stay together and grow in land area and average annual income while expanding the right to vote as contemporary New Spain, then Mexico, fractured, shrank and stagnated economically. The Wikiversity article on "[[The Great American Paradox]]" suggests three reasons why the young US fared better than Mexico and other countries in that "[[w:Age of Revolution|Age of Revolution]]" from late late-18th to the mid-19th centuries:<ref>"[[The Great American Paradox]]" accessed 2026-02-12.</ref> # '''Advanced democracy before the revolution''': The British colonies that rebelled in 1776 already had possibly the most advanced democratic culture on the planet at that time. Acemoglu and Robinson document how the British colonies that became the US all initially ''failed'' until they switched from autocratic, extractive governance to giving property to substantial portions of the population and a voice in a colonial legislature to all adult male property owners.<ref>Acemoglu and Robinson (2012, pp. 26-27).</ref> By 1776 almost 60 percent of adult white males could vote, and the violence of the Revolution did not change that.<ref>Keyssar (2000, pp. 7, 24); Graves (2005).</ref> # '''Citizen-directed subsidies for news''': Citizen-directed subsidies for newspapers provided by the [[w:Postal Service Act|US Postal Service Act of 1792]] helped limit political corruption and encourage literacy, as previously mentioned. # '''Washington did not win the Revolution''': Some historians insist that Washington did not win many battles. His success came from attracting enough humans to join the [[w:Continental Army|Continental Army]] and keep it in the field for the 6.5 years between the "[[w:Shot heard round the world|Shot heard round the world]]" at [[w:Battles of Lexington and Concord|Lexington and Concord]], 1775-04-19 to the surrender of [[w:Charles Cornwallis, 1st Marquess Cornwallis|General Cornwallis]] at [[w:Siege of Yorktown|Yorktown]] 1781-10-19<ref>e.g., Phelps (2001). Washington was perpetually short of supplies. His own state of Virginia often could not send their allotment of troops, because they were needed for slave patrols, as reported by Nash (2005, pp. 344-345). Many in Washington's army often did not have shoes. This made it hard for them to move, especially in the winter, because the British could easily follow the blood in the snow, as mentioned by Raphael (2001, p. 89).</ref> and keep from getting captured.<ref>Ferling (1988).</ref> He was active enough to provoking the British to do stupid things and manufacture enemies for themselves without getting captured or otherwise defeated during that period. Standard histories of the American Revolution begin with the [[w:Battles of Lexington and Concord|Battles of Lexington and Concord]], 1775-04-19. This in essence initiated the [[w:Siege of Boston|Siege of Boston]]. [[w:Siege of Boston#Stalemate|General Washington arrived]] 3.5 months later on 1775-07-02. During the following 8 months, the revolutions managed to install heavy artillery on [[w:Fortification of Dorchester Heights|Dorchester Heights]], which overlooked Boston harbor in a way that could prevent the British from getting more supplies. The British retreated. During the next five years, the revolutionaries won enough battles to encourage the French to provide more support [[w:Southern theater of the American Revolutionary War|until the British general Cornwallis]] constructed a fortified naval port at Yorktown, where he could be resupplied or evacuated. Then [[w:Battle of the Chesapeake|the French navy bottled up the Chesapeake]] while French military units helped Washington convince Cornwallis to surrender.<ref>Graves (2005).</ref> Historians describe the "[[w:Age of Revolution|Age of Revolution]] as starting with the [[w:Age of Revolution#American Revolution (1765–1783)|American Revolution (1765–1783)]], encompassing revolutionary violence in many countries from Europe to Latin America, the vast majority of which arguably replaced one brutal repressive system with another. Many got improvements in the rule of law through adoption of procedures like the [[w:Napoleonic Code|Napoleonic Code]], but few got substantive improvements in democracy. [[The Great American Paradox|The US is ''not'' an exception]]: Almost 60 percent of adult white males could vote before the revolution, and the violence of the revolution did not change that. This is consistent with the [[Freedom and abundance|twenty-first century research by Chenoweth and Stephan (2011), which found no change in the average level of democratization in the over 200 violent revolutions of the twentieth century. By contrast, win or lose, major nonviolent governmental change efforts increased the average level of democratization. Between 1792 and 1920 the right to vote was gradually extended to all adult males then to females, supported by political agitation and a media system whose ownership was still quite broadly held. During the 1930s with over 20 percent of the workforce unemployed, newspapers could not retain an audience by blaming the unemployed for their plight. That environment helped the Franklin Roosevelt administration get popular support to tax the ultra-wealthy like they had never been taxed before or since. And during world War II, FDR got the support needed to impose wage and price controls to limit price gouging that had stifled economic growth and generated inflation in previous major wars, like the War of 1812, the Civil War and World War I. The result was unprecedented economic growth with only nominal inflation, as documented in the chapter on [[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]. == The consolidation of ownership of the major media since the end of World War II == The development of broadcasting differed from that of newspapers in at least two ways that may have had a substantial impact on concentration of ownership: # It is not easy to charge for what is broadcasted without government intervention, unlike newspapers, which can charge for a copy of the paper. # Content for broadcasting has been easily and quickly shared between different broadcasters by electronic means. That increases the incentives for organizational integration among broadcasters over what was available between the time that [[w:List of the oldest newspapers|newspapers started appearing in the 1600s]] and two centuries later as steam and later electronics began to dramatically increase the speed of communications. [[w:History of broadcasting|As radio technology was being developed, many governments established state-sponsored networks]], sometimes with competing commercial systems. Developments in intellectual property law since the 1600s also made it easier for major corporations to dominate the development of broadcasting. [[w:Guglielmo Marconi|Guglielmo Marconi]] was a leader among many attempting to develop wireless telegraphy in the late nineteenth century. [[w:Guglielmo Marconi#Transmission breakthrough|In 1895 he demonstrated a transmitter and receiver]] able to communicate up to two miles. [[w:Invention of radio|A few years later it was used for ship-to-shore]] communications. In the US, Marconi [[w:Broadcasting in the United States#Commercial development|Marconi]] created the [[w:Marconi Wireless Telegraph Company of America|Marconi Wireless Telegraph Company of America]] in 1899, which was nationalized by the US government during [[w:World War I|World War I]]. After the war, US government officials did ''not'' want to return control of the company to its British owners, so it was sold in 1919 as a [[w:patent trust|patent trust]] called [[w:Radio Corporation of America|Radio Corporation of America]], owned by a partnership of [[w:General Electric| General Electric]] (GE), [[w:Westinghouse|Westinghouse]], [[w:AT&T Corporation|AT&T]] and [[w:United Fruit Company|United Fruit]]. Their mission was to make and sell radio equipment. In 1926 they created the [[w:NBC#History|National Broadcasting Company (NBC)]] to produce content. [[w:Competition law|Antitrust action]] in 1932 forced GE to sell RCA and NBC. The [[w:Columbia Broadcasting System|Columbia Broadcasting System]] (CBS) began in 1927. NBC split into "Red" and "Blue" networks. In 1939 antitrust action forced NBC to divest its Blue network, which became the [[w:American Broadcasting Company|American Broadcasting Company]] (ABC). A decade later, in 1949 ABC merged with United Paramount Theatres after antitrust action forced the latter to divest itself from its movie production business. There were other, smaller networks, but as television became feasible, NBC, CBS, and ABC became the "[[w:Big Three (American television)|Big Three]]" dominating television in the US after [[w:World War II|World War II]]. Biased reporting by that [[w:Oligopoly|oligopoly]] facilitated the rise of [[w:McCarthyism|McCarthyism]] and have made politicians unelectable unless they support policies contrary to the best interests of the vast majority of their constituents, as discussed in the rest of this book. The decline in inequality documented in Figures 4 and 5 of the chapter on "[[Media Literacy and You/Fox, the Great Depression, the Great Recession, and our future|Fox, the Great Depression, the Great Recession, and our future]]" meant that the ultra-wealth could not afford as many personal servants, and the success of iconoclasts like [[w:Ralph Nader|Ralph Nader]] threatened their control of the political economy. Meanwhile the media coverage given to the [[w:Civil rights movement|civil rights movement]] of the 1950s and 1960s generated a backlash among those who resented the loss of their previous racial-based social superiority and complained that the mainstream media had a liberal bias. These claims were already well established by the time [[w:Richard Nixon|Richard Nixon]] became US president in 1969.<ref>Major (2019).</ref> In this environment, [[w:Lewis F. Powell Jr.|Lewis Powell]] wrote a confidential memorandum titled, "Attack on American Free Enterprise System"<ref>Powell (1971).</ref> for the [[w:United States Chamber of Commerce|US Chamber of Commerce]] after he had agreed to serve on the [[w:Supreme Court of the United States|US Supreme Court]] but before he was officially nominated. This memo recommended that business elites fund a conservative research organizations and "monitor" the media and activities on universities and become more politically active in lobbying to support the interests of big business. That inspired of multiple right-wing think tanks and lobbying organizations that have since had a major influence on the US political economy. This includes the creation of the [[w:Business Roundtable|Business Roundtable]] on 1972-10-13, [[w:The Heritage Foundation|The Heritage Foundation]], 1973-02-16, the [[w:American Legislative Exchange Council|American Legislative Exchange Council]] (ALEC), September 1973, the [[w:Cato Institute|Cato Institute]], January 1977, and the [[w:Manhattan Institute for Policy Research|Manhattan Institute for Policy Research]], in 1978. As documented in the chapter on [[Media Literacy and You/Criminal justice|Criminal justice]], beginning around 1975 the major media fired nearly all their investigative journalists and replaced them with the police blotter. This replaced reporting on questionable business practices with individual crime. The public thought that crime was out of control, when there had been no substantive change in crime. They voted in a generation of politicians promising to get tough on crime, and the portion of the US population in state and federal prisons shot up from roughly 0.1 percent, where it had been over the previous 50 years, to closer to 0.5 percent in the next 25 years. Beginning in the 1980s major corporations strengthened their control of the "Big Three" broadcast networks. [[w:NBC|GE bought RCA including NBC]] in late 1986 and immediately divested itself of RCA's other assets, retaining only NBC. In 2004 they merged with the French media company [[w:Vivendi|Vivendi]], forming [[w:NBCUniversal|NBCUniversal]]. In 2011 Comcast purchased a controlling interest in NBCUniversal. And [[w:Westinghouse Electric Corporation|Westinghouse Electric Corporation]] bought CBS in 1994. ==Fairness Doctrine== In 1987 the FCC ended the [[w:Fairness doctrine|fairness doctrine]], with conservatives claiming it was biased against them. A cynic might argue that honest conservatives should be able to negotiate a fairness doctrine that was more equitable, unless, of course, conservative media is of its essence in herently unfair. This view is supported by research by Reece Peck, Anthony Nadler, and others, and by the settlement in ''[[w:Dominion Voting Systems v. Fox News Network|Dominion v. Fox]]'', discussed further below. [[w:Project 2025|Project 2025]] recommended stripping public funds from the [[w:Corporation for Public Broadcasting|Corporation for Public Broadcasting]], which included the [[w:PBS|Public Broadcasting Service (PBS)]], i.e., public television, and [[w:NPR|National Public Radio (NPR)]]. They added, "Stripping public funding would, of course, mean that NPR, PBS, Pacifica Radio, and the other leftist broadcasters would be shorn of the presumption that they act in the public interest ... . They should no longer, for example, be qualified as noncommercial education stations (NCE stations), which they clearly no longer are."<ref>Project 2025 (pp. 246-251).</ref> [[Fighting back against the campaign of censorship and control|On 2025-09-12 FCC Commissioner Anna Gomez agreed that broadcasters have]] "public interest obligations". However, the "FCC is being weaponized by using an undefined and distorted public interest justification for targeting government critics and censoring disfavored content. ... [R]egardless of how often or how loudly the Commission asserts that it has the right to police media bias because broadcasters have a public interest obligation, that is simply not true. The long defunct fairness doctrine is the closest thing to the vague standard being asserted. ... [B]efore initiating any more retaliatory investigations or politically motivated actions, the FCC must initiate a proceeding to define what the public interest means." But as long as the FCC can get what it wants from broadcasters ''without issuing an official ruling'', those actions are not reviewable by courts, where the FCC would likely lose.<ref>Gomez (2025).</ref> The section below on the [[#Evolution of political polarization in the US Congress|Evolution of political polarization in the US Congress]] shows how political polarization in the US Congress has increased since Richard Nixon became president in 1969. One contributor to this trend since 1987 may have been changes in the editorial policies of the major media encouraged by the demise of the Fairness Doctrine. [[w:Ursinus College|Ursinus College]] communications professor Anthony Nadler,<ref><!--Anthony Nadler-->{{cite Q|Q135514734}}</ref> interviewed 2026-01-15 in for the fortnightly ''[[:Category:Media reform to improve democracy|Media & Democracy]]'' series of 29:00 mm:ss podcasts syndicated for the [[w:List of Pacifica Radio stations and affiliates|Pacifica radio network]], claimed that "[[Conservative media are different]]" especially in how they tell their audiences how they are routinely "shamed and stigmatized by liberal elites",<ref>e.g., Nadler and Taussig (2025).</ref> cultivating self-righteous anger against the haughty, evil libs. [[w:Ari Fleischer|Ari Fleischer]], Fox contributor and former [[w:White House Press Secretary|White House Press Secretary]] for President [[w:George W. Bush|George W. Bush]], contributes to these claims with his (2022) book on, ''Suppression, Deception, Snobbery, and Bias''. He insists that, "Today's mainstream media is dominated by college-educated Democratic voters who ... take sides in our debates and are too often activists ... . It's time the press faced up to why so few people trust them and why they've been losing viewers and readers for decades."<ref>Fleischer (2022, book jacket).</ref> This ''Media Literacy and You'' book, and this chapter in particular, focuses on evidence that the present author thinks is more relevant to the lives of most humans than what appears in Fleischer (2022). == Liberal Judges == Conservatives have long complained about "liberal" judges. In the 1966 ''[[w:Miranda v. Arizona|Miranda]]'' ruling, the US Supreme Court said that confessions cannot be used unless law enforcement first advised suspects of their constitutional rights. Without that, confessions cannot be used in court. Conservatives complained that the decision undermined the efficiency of the police and argued that it would contribute to an increase in crime. Complaints like this combined with the Powell memorandum mentioned above helped inspire the creation of the [[w:Federalist Society|Federalist Society]] 1982-04-03 to challeng [[w:Liberalism in the United States|liberal]] or [[w:Left-wing politics|left-wing]] ideology within American law schools and universities. They have since played a major role in networking and mentoring young conservative attorneys and recommending conservatives for judicial appointments. In that regard, they have had considerable success, contributing to US Supreme Court decisions like ''[[w:Citizens United v. FEC|Citizens United]]'', which cynic describe as saying that corporations are people, money is speech, and humans are second-class citizens. The major media have a conflict of interest in honestly reporting on the impact of such rulings. == Election denialism == :''The rules of evidence in the court of public opinion is whatever will most please those who control most of the money for the media.'' :''The rules of evidence in courts of law in the US tend to be more equitable.'' In 1980 Republican Christian Conservative [[w:Paul Weyrich|Paul Weyrich]] said, [[q:Paul Weyrich|I don't want I don't want everybody to vote. ... [O]ur leverage in the elections ... goes up as the voting populace goes down.]]<ref>Weyrich (1980).</ref> In 1981, the [[w:Republican National Committee|Republican National Committee]] (RNC) created the [[w:Ballot Security Task Force|National Ballot Security Task Force]] to discourage voter turnout among likely Democratic voters in the gubernatorial election. The [[w:Democratic National Committee|Democratic National Committee]] (DNC) sued claiming a violation of the [[w:Voting Rights Act of 1965|Voting Rights Act of 1965]], illegal harassment, and voter intimidation. The RNC and New Jersey Republican State Committee entered into a consent decree in 1982 agreeing to stop doing it. That consent decree was repeatedly extended with Democrats arguing that recent campaigns showed it was still unnecessary until a different judge decided not to extend it in 2018. The decision in ''[[w:Fish v. Kobach|Fish v. Kobach]]'' provides some of the most compelling documentation of Republican attempts to disfranchise likely Democratic voters. Judge [[w:Julie A. Robinson|Julie Robinson]], who had been appointed to the bench by president [[w:George W. Bush|George W. Bush]], a Republican, found that "31,089 total applicants ... were denied registration for failure to provide DPOC, ... [which] represented 12.4% of new voter registrations between January 1, 2013 and December 11, 2015".<ref>Robinson (2018, pp. 26-28).</ref> Meanwhile, Kansas Secretary of State Kobach, who claimed this was a massive problem, provided evidence of only 39 cases of non-citizens having registered to vote in Kansas, which represented only "0.002% of all registered voters".<ref>Robinson (2018, pp. 87-89).</ref> In that case, [[w:Hans von Spakovsky|Hans von Spakovsky]], a senior fellow at [[w:The Heritage Foundation|The Heritage Foundation]], testified that a [[w:United States Government Accountability Office|U.S. GAO]] 'found that up to 3 percent of the 30,000 individuals called for jury duty from voter registration roles over a two-year period in just one U.S. district court were not U.S. citizens.' On cross-examination, however, he acknowledged that he had misleadingly failed to mention that the GAO study in question contained information from 8 district courts. Four of the 8 reported that there was not a single non-citizen who had been called for jury duty, and the 3 remaining district courts reported that less than 1% of those called for jury duty from voter rolls were noncitizens. Judge Robinson concluded that "his clear agenda and misleading statements ... render his opinions unpersuasive." [[w:Election denial movement in the United States|Regarding the specific claim that the 2020 election was stolen from Trump]], in March 2021, [[w:Dominion Voting Systems|Dominion Voting Systems]] sued Fox for defamation, because Fox repeatedly broadcasted claims that the [2020 election had been stolen from Trump. During [[w:Discovery (law)|pre-trial discovery]], Dominion obtained numerous internal Fox communications that documented that Fox had initially called the [[w:2020 United States presidential election|2020 United States presidential election]] for Biden. Then Fox executives saw that they were losing audience to other conservative outlets that were claiming that the election had been stolen from Trump, so they switched to repeating that fraudulent claim to protect their audience share. On 2023-04-18 Fox agreed to pay Dominion $787.5 million -- over three quarters of a billion dollars -- while agreeing that they had lied to their audience; the settlement did ''not'' require Fox to admit to their audience that they had lied to them. If Fox had 6 percent higher audience for a year, they made money lying to their audience, even after paying Dominion $787.5 million. Over 1.5 years later, a survey conducted the month after the 2024 US presidential election found that 63 percent of Republicans and 31 percent of voters overall still believed that 2020 election had been stolen from Trump.<ref>Public Religion Research Institute (2024).</ref> == Evolution of political polarization in the US Congress == [Coming soon, summarizing an update to "[[Evolution of political polarization in the US Congress]]".] == Exercises == 1. Create a list of your greatest concerns, identify sources for contrary information about those issues, and spend some of your free time with them and less with for-profit media media like television and commercial social media. 2. Get on email lists and / or social media of your elected officials to see what they are telling their constituents. US citizens and residents can contact representatives in the US Congress. You do not have to be eligible to vote in the US to contact them or to talk politics with others. However, elected officials may not respond if you cannot claim residence in their jurisdiction. At [https://www.house.gov house.gov] you are asked to "Enter your zip code" under "FIND YOUR REPRESENTATIVE". At [https://www.senate.gov senate.gov], they want the your state. 3. Pick an issue that most concerns you and review relevant research literature on appropriate Wikipedia articles -- and maybe in this book -- and maybe also [https://scholar.google.com Google Scholar]. 3.1. Send emails to appropriate elected officials asking their thoughts and their response to claims you found in the literature. 3.2. Call their office phone number and ask to speak with someone about the issue outlined in your email. 4. Discuss your experience with others. Invite them to join you in meeting(s) (via Zoom?) with staff(s) of elected official(s) if you can arrange such. If others agree, then go to web site(s) of your elected representative(s) and request a meeting. 5. Share your experience in some appropriate place in this book, e.g., a "Discuss" page associated with a chapter relative to the issue of your concern or to the main ''[[Media Literacy and You]]'' page. == See also == == Notes == {{reflist}} == Bibliography == * <!--Daron Acemoğlu and James A. Robinson (2012-03-20). Why Nations Fail: The Origins of Power, Prosperity, and Poverty (in en). Crown Publishing Group-->{{cite Q|Q7997840}} * <!--Chenoweth and Stephan (2011) Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict-->{{cite Q|Q88725216}} * <!--John E. Ferling (1988) The First of Men-->{{cite Q|Q59297825}} * <!--Ari Fleischer (2022) Suppression, Deception, Snobbery, and Bias-->{{cite Q|Q139801164}} * <!-- Bernhard Fulda (2009) Press and Politics in the Weimar Republic (Oxford U. Pr)-->{{cite Q|Q123561961}} * <!--Anna Gomez (2025-09-12) "Fighting back against the campaign of censorship and control", presentation to the Grassroots Radio Conference-->{{cite Q|Q138499094}} * <!--Spencer Graves (2005-02-26) "Violence, Nonviolence, and the American Revolution"-->{{cite Q|Q58635938}} * <!--Don Higginbotham (2001) George Washington Reconsidered-->{{cite Q|Q59362787|author=Don Higginbotham, ed.}} * <!--Richard R. John (1995) Spreading the News: The American Postal System from Franklin to Morse-->{{cite Q|Q54641943}} * <!--Richard R. John and Jonathan Silberstein-Loeb (eds.; 2015) Making News: The Political Economy of Journalism in Britain and America from the Glorious Revolution to the Internet (Oxford University Press)-->{{cite Q|Q131468166}} * <!--Alexander Keyssar (2000) The Right to Vote: The Contested History of Democracy in the United States-->{{cite Q|Q97621556}} * <!--Mark Major (2019) "Bridging the Marginal and the Mainstream: Methodological Considerations for Conservative News as a Subfield", ch. 12 in Nadler and Bauer-->{{cite Q|Q138497692}} * <!-- Robert W. McChesney; John Nichols (2010). The Death and Life of American Journalism (Bold Type Books) -->{{cite Q|Q104888067}}. * <!--Anthony Nadler and Doron Taussig (2025) "The Social Construction of Right-Wing Reality"-->{{cite Q|Q137857779}} * <!--Gary B. Nash (2005) The Unknown American Revolution-->{{cite Q|Q59319726}} * <!--Glenn A. Phelps (2001) The Republican General, ch. 7 in Higginbotham-->{{cite Q|Q138211200}} * <!--Lewis F. Powell Jr. (1971) Attack on American Free Enterprise System-->{{cite Q|Q16577699}} * <!-- Project 2025-->{{cite Q|Q122382481}} * <!--Public Religion Research Institute (2024-12-13) " Analyzing the 2024 Presidential Vote: PRRI’s Post-Election Survey"-->{{cite Q|Q136415370}} * {{Citation | last = Robinson | first = Julie A. | date = 2018-06-18 | title = Findings of fact and conclusions of law in Fish v. Kobach, Case No. 16-2105-JAR-JPO, and Bednasek and Kobach, Case No. 15-9300-JAR-JPO (published 2018-06-18 with corrections 2018-06-19) | publisher = US District Court for the District of Kansas | url = https://www.courtlistener.com/recap/gov.uscourts.ksd.110435/gov.uscourts.ksd.110435.542.0_3.pdf | accessdate = 2018-06-28}} * <!-- Alexis de Tocqueville (1835, 1840; trad. 2001) Democracy in America (trans. by Richard Heffner, 2001; New America Library) -->{{cite Q|Q112166602|publication-date=unset|author=Alexis de Tocqueville (1835, 1840; trad. 2001)}} * <!--Paul Weyrich (1980-08) "I don't want everybody to vote"-->{{cite Q|Q98749513}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Education]] [[Category:Economics]] [[Category:Armed forces and combat]] [[Category:Immigration]] [[Category:Self improvement]] [[Category:Media Literacy and You]] [[Category:Social media]] <!-- https://en.wikiversity.org/wiki/Category_Review --> el2k8i2ohmlzlk6nc88954g3z7pcybo Template:Edit protected 10 328705 2809364 2801000 2026-05-14T23:33:42Z Codename Noreste 2969951 Converting this to a general edit protected request template. 2809364 wikitext text/x-wiki <includeonly>{{#invoke:protected edit request|{{if empty|{{{level|}}}|semi}}}}</includeonly><noinclude> {{documentation}} <!-- Categories go on the /doc subpage, and interwikis go on Wikidata. --> </noinclude> moltj8w6nefhvy9ht09q2d61bncio7t Intuitive Calculus 0 329025 2809265 2808682 2026-05-14T17:16:48Z Atcovi 276019 5/14/2026 2809265 wikitext text/x-wiki TBD studying pre-calc & calc for fun, anything useful would be put here and hopefully integrated in the mainspace. == Notes == === 5/14/2026 === [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>. <small>[[w:Derivative]]</small>]] * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''Integral calculus''': puts the pieces back together again to solve the original problem. Ex, integrals * '''Analytical geometry''': Also known as Cartesian geometry, == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] [[Category:Atcovi's Work]] [[Category:Calculus]] 2p6f2xz4obi3txylqd1zpaf6nqk9tur 2809267 2809265 2026-05-14T17:17:04Z Atcovi 276019 style 2809267 wikitext text/x-wiki TBD studying pre-calc & calc for fun, anything useful would be put here and hopefully integrated in the mainspace. == Notes == === 5/14/2026 === [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>. (<small>[[w:Derivative]])</small>]] * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''Integral calculus''': puts the pieces back together again to solve the original problem. Ex, integrals * '''Analytical geometry''': Also known as Cartesian geometry, == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] [[Category:Atcovi's Work]] [[Category:Calculus]] 5vnzpqscgsbf3i189pj9ez0abcmz1y7 2809269 2809267 2026-05-14T17:18:58Z Atcovi 276019 /* Notes */ 2809269 wikitext text/x-wiki TBD studying pre-calc & calc for fun, anything useful would be put here and hopefully integrated in the mainspace. == Notes == === 5/14/2026 === [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>. (<small>[[w:Derivative]])</small>]] * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Cartesian-coordinate-system.svg|thumb|right|This is known as a ''Cartesian coordinate system''.]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] [[Category:Atcovi's Work]] [[Category:Calculus]] e51sez10aglc0rnokb3vonj3ql4prcz 2809270 2809269 2026-05-14T17:19:38Z Atcovi 276019 /* Notes */ 2809270 wikitext text/x-wiki TBD studying pre-calc & calc for fun, anything useful would be put here and hopefully integrated in the mainspace. == Notes == === 5/14/2026 === [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>. (<small>[[w:Derivative]])</small>]] * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] [[Category:Atcovi's Work]] [[Category:Calculus]] 78p9303rccnj3blyea6j6ayr68cz2km 2809271 2809270 2026-05-14T17:22:51Z Atcovi 276019 /* 5/14/2026 */ 2809271 wikitext text/x-wiki TBD studying pre-calc & calc for fun, anything useful would be put here and hopefully integrated in the mainspace. == Notes == === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven H.|date=2019|publisher=Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|location=Boston}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] 0cdqh7t1xwhlwiniq1zsyi4ldbvzf0z 2809273 2809271 2026-05-14T17:32:03Z Atcovi 276019 /* Notes */ 2809273 wikitext text/x-wiki {{Notes}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola]] === 4/11/2026 === (pg. 36) * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven H.|date=2019|publisher=Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|location=Boston}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] ihno3x104cb30i16j13jd29w6n6e990 2809275 2809273 2026-05-14T17:36:44Z Atcovi 276019 Atcovi moved page [[User:Atcovi/precalc + calc notes]] to [[Intuitive Calculus]]: moving into mainspace 2809273 wikitext text/x-wiki {{Notes}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola]] === 4/11/2026 === (pg. 36) * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven H.|date=2019|publisher=Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|location=Boston}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] ihno3x104cb30i16j13jd29w6n6e990 2809277 2809275 2026-05-14T17:38:34Z Atcovi 276019 project box(es) 2809277 wikitext text/x-wiki {{mathematics}} {{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|Atcovi}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola]] === 4/11/2026 === (pg. 36) * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven H.|date=2019|publisher=Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|location=Boston}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] jhe2bs3kcdr6y99o01khbw2cgo16ku0 2809278 2809277 2026-05-14T17:38:50Z Atcovi 276019 link(s) 2809278 wikitext text/x-wiki {{mathematics}} {{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola]] === 4/11/2026 === (pg. 36) * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven H.|date=2019|publisher=Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|location=Boston}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] krqaoo73bwh8vp1ogf1tm8n173ddm9f 2809279 2809278 2026-05-14T17:58:56Z Atcovi 276019 /* 4/11/2026 */ 2809279 wikitext text/x-wiki {{mathematics}}Book: ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] ad2hvoizybqz38t9sqylij77cwspkno 2809280 2809279 2026-05-14T17:59:12Z Atcovi 276019 2809280 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] ej4vq1hph1iek0hktuj7e7io7vt1q4q 2809288 2809280 2026-05-14T19:46:28Z Atcovi 276019 /* 5/14/2026 */ 2809288 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality. ==== Adequality ==== Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] bhfogo92vfoxbifcbpk9vpuv8id2ywc 2809289 2809288 2026-05-14T19:49:35Z Atcovi 276019 /* 5/14/2026 */ 2809289 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality. ==== Adequality ==== Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] 5evkjfaaxkys6op5uspzf6yqjtpbl5i 2809293 2809289 2026-05-14T20:03:04Z Atcovi 276019 /* 5/14/2026 */ 2809293 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality. ==== Adequality ==== Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. ''To watch for later'': https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] 5y5tjivi6q33efbhdxuumltuyyez3ks 2809294 2809293 2026-05-14T20:03:24Z Atcovi 276019 /* 5/14/2026 */ https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375 2809294 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality. ==== Adequality ==== Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. ''To watch for later'': https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) ''To read for later'': https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375 == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] a9gshth8x03q326ep8d1k1txuol3hbd 2809302 2809294 2026-05-14T20:40:42Z Atcovi 276019 /* 5/14/2026 */ moving 2809302 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. ''To watch for later'': https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) ''To read for later'': https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375 == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] bniyomm48q3pg0s0s0hutczwdqc632w 2809347 2809302 2026-05-14T22:43:54Z Atcovi 276019 stopping point/bookmark 2809347 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikiversity Links == * [[User:Addemf/sandbox/Who Invented Calculus?]] == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] khs81b6ndgzbxl6xn0o9ukrzdcl8oaq 2809348 2809347 2026-05-14T22:45:21Z Atcovi 276019 rearrange 2809348 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (=1) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: 1 + 1/4 + 1/16 + 1/64 ← geometric series. ^each term is 1/4 of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that a = 4/3 through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] s5vx0ieu26njcm9c06rr7h4vgl6d0t8 2809391 2809348 2026-05-15T00:43:35Z Atcovi 276019 /* 4/11/2026 */ 2809391 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] hi45udnutjkyvs106v3sl5pk69x5nd8 2809393 2809391 2026-05-15T01:05:52Z Atcovi 276019 /* Notes */ +5/2/2026 2809393 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/2/2026 === ==== Kepler ==== # '''[[w:Elliptic orbit|Elliptical orbits]]''' #*'''Ellipse''': Plane curve where the sum of distances from any point on the curve to two fixed points (foci) is constant. For example, a circle is a type of ellipse. A circle is a set of points where distance from a given point (aka its center) is constant. Kepler stated that all planets follow an elliptical orbit. # '''[https://www.socratica.com/pages/keplers-second-law-of-motion Equal Areas in Equal Times]''': #*'''Formula''': Time (P<sub>1</sub> → P<sub>2</sub>) = Time (P<sub>3</sub> → P<sub>4</sub>) [their sectors have equal areas] # '''Third Law and the Sacred Frenzy''' #*<math display="inline">T</math><sup>2</sup> = <math display="inline">a</math><sup>3</sup> #**<math display="inline">T</math> = how long it takes for a planet to go around the sun just once. #**<math display="inline">A</math> = avg. of the planet's nearest and farthest distance from the sun. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] qx8yaeykn8eticiueox8tvor3i2kju8 2809394 2809393 2026-05-15T01:06:18Z Atcovi 276019 /* 5/2/2026 */ 2809394 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref name=":0">{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=84}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/2/2026 === ==== Kepler ==== # '''[[w:Elliptic orbit|Elliptical orbits]]''' #*'''Ellipse''': Plane curve where the sum of distances from any point on the curve to two fixed points (foci) is constant. For example, a circle is a type of ellipse. A circle is a set of points where distance from a given point (aka its center) is constant. Kepler stated that all planets follow an elliptical orbit. # '''[https://www.socratica.com/pages/keplers-second-law-of-motion Equal Areas in Equal Times]''': #*'''Formula''': Time (P<sub>1</sub> → P<sub>2</sub>) = Time (P<sub>3</sub> → P<sub>4</sub>) [their sectors have equal areas] # '''Third Law and the Sacred Frenzy'''<ref name=":0" /> #*<math display="inline">T</math><sup>2</sup> = <math display="inline">a</math><sup>3</sup> #**<math display="inline">T</math> = how long it takes for a planet to go around the sun just once. #**<math display="inline">A</math> = avg. of the planet's nearest and farthest distance from the sun. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] mqqn0d6c7tqxvpbbq04xfaj93sqifhb 2809395 2809394 2026-05-15T01:06:33Z Atcovi 276019 Undid revision [[Special:Diff/2809394|2809394]] by [[Special:Contributions/Atcovi|Atcovi]] ([[User talk:Atcovi|talk]]) 2809395 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/2/2026 === ==== Kepler ==== # '''[[w:Elliptic orbit|Elliptical orbits]]''' #*'''Ellipse''': Plane curve where the sum of distances from any point on the curve to two fixed points (foci) is constant. For example, a circle is a type of ellipse. A circle is a set of points where distance from a given point (aka its center) is constant. Kepler stated that all planets follow an elliptical orbit. # '''[https://www.socratica.com/pages/keplers-second-law-of-motion Equal Areas in Equal Times]''': #*'''Formula''': Time (P<sub>1</sub> → P<sub>2</sub>) = Time (P<sub>3</sub> → P<sub>4</sub>) [their sectors have equal areas] # '''Third Law and the Sacred Frenzy''' #*<math display="inline">T</math><sup>2</sup> = <math display="inline">a</math><sup>3</sup> #**<math display="inline">T</math> = how long it takes for a planet to go around the sun just once. #**<math display="inline">A</math> = avg. of the planet's nearest and farthest distance from the sun. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] qx8yaeykn8eticiueox8tvor3i2kju8 2809396 2809395 2026-05-15T01:06:58Z Atcovi 276019 /* 5/2/2026 */ 1328879984 pg. 84 2809396 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/2/2026 === ==== Kepler ==== # '''[[w:Elliptic orbit|Elliptical orbits]]''' #*'''Ellipse''': Plane curve where the sum of distances from any point on the curve to two fixed points (foci) is constant. For example, a circle is a type of ellipse. A circle is a set of points where distance from a given point (aka its center) is constant. Kepler stated that all planets follow an elliptical orbit. # '''[https://www.socratica.com/pages/keplers-second-law-of-motion Equal Areas in Equal Times]''': #*'''Formula''': Time (P<sub>1</sub> → P<sub>2</sub>) = Time (P<sub>3</sub> → P<sub>4</sub>) [their sectors have equal areas] # '''Third Law and the Sacred Frenzy'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=84}}</ref> #*<math display="inline">T</math><sup>2</sup> = <math display="inline">a</math><sup>3</sup> #**<math display="inline">T</math> = how long it takes for a planet to go around the sun just once. #**<math display="inline">A</math> = avg. of the planet's nearest and farthest distance from the sun. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] klqeubz94k7y3jxisjxjdnfd1qnfc8o 2809397 2809396 2026-05-15T01:07:08Z Atcovi 276019 /* Kepler */ 2809397 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/2/2026 === ==== Kepler ==== # '''[[w:Elliptic orbit|Elliptical orbits]]''' #*'''Ellipse''': Plane curve where the sum of distances from any point on the curve to two fixed points (foci) is constant. For example, a circle is a type of ellipse. A circle is a set of points where distance from a given point (aka its center) is constant. Kepler stated that all planets follow an elliptical orbit. # '''[https://www.socratica.com/pages/keplers-second-law-of-motion Equal Areas in Equal Times]''' #*'''Formula''': Time (P<sub>1</sub> → P<sub>2</sub>) = Time (P<sub>3</sub> → P<sub>4</sub>) [their sectors have equal areas] # '''Third Law and the Sacred Frenzy'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=84}}</ref> #*<math display="inline">T</math><sup>2</sup> = <math display="inline">a</math><sup>3</sup> #**<math display="inline">T</math> = how long it takes for a planet to go around the sun just once. #**<math display="inline">A</math> = avg. of the planet's nearest and farthest distance from the sun. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] 5mc29ipj7qb2ctapqioj9grdmzirqkm 2809399 2809397 2026-05-15T01:08:03Z Atcovi 276019 /* 5/2/2026 */ 2809399 wikitext text/x-wiki {{mathematics}}'''<u>Book</u>''': ''Infinite Powers'' by Steven Strogatz (ISBN#: 1328879984){{tertiary}} {{Notes}} {{juststarted}} {{contrib-creator|[[User:Atcovi|Atcovi]]}} == Notes == [[File:Parts of Parabola.svg|thumb|A diagram of a parabola.]] === 4/11/2026 === * Archimedes and figuring out the ''quadratic'' (or computation of the area) of a parabolic segment. This is just basically spamming smaller triangles into a [[parabola]] to equal one big triangle (<math display="inline">=1</math>) in order to figure out the area. Total area of a parabolic segment from Archimedes findings: <math display="inline">1</math> + <math display="inline">1/4</math> + <math display="inline">1/16</math> + <math display="inline">1/64</math> ← geometric series. ^each term is <math display="inline">1/4</math> of the term preceding it as the daughter triangles always contribute a total of 1 quarter as much area as their parents do. Archimedes proved that <math display="inline">a = 4/3</math> through a '''double reductio ad absurdum'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=36}}</ref> using the '''method of exhaustion''', an analytical way of finding a result<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=102}}</ref>. === 5/2/2026 === ==== [[w:Johannes_Kepler|Johannes Kepler]] ==== # '''[[w:Elliptic orbit|Elliptical orbits]]''' #*'''Ellipse''': Plane curve where the sum of distances from any point on the curve to two fixed points (foci) is constant. For example, a circle is a type of ellipse. A circle is a set of points where distance from a given point (aka its center) is constant. Kepler stated that all planets follow an elliptical orbit. # '''[https://www.socratica.com/pages/keplers-second-law-of-motion Equal Areas in Equal Times]''' #*'''Formula''': Time (P<sub>1</sub> → P<sub>2</sub>) = Time (P<sub>3</sub> → P<sub>4</sub>) [their sectors have equal areas] # '''Third Law and the Sacred Frenzy'''<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=84}}</ref> #*<math display="inline">T</math><sup>2</sup> = <math display="inline">a</math><sup>3</sup> #**<math display="inline">T</math> = how long it takes for a planet to go around the sun just once. #**<math display="inline">A</math> = avg. of the planet's nearest and farthest distance from the sun. === 5/14/2026 === * '''[[w:Differential_calculus|Differential calculus]]:''' cuts complicated problems into infinitely many simpler pieces. Ex, derivatives. * '''[[w:Integral_calculus|Integral calculus]]''': puts the pieces back together again to solve the original problem. Ex, integrals. [[File:Tangent function animation.gif|thumb|The derivative at different points of a differentiable function. In this case, the derivative is equal to <math>\sin \left(x^2\right) + 2x^2 \cos\left(x^2\right)</math>.<ref>{{Cite journal|date=2026-04-13|title=Derivative|url=https://en.wikipedia.org/w/index.php?title=Derivative&oldid=1348562692|journal=Wikipedia|language=en}}</ref>]] [[File:Cartesian-coordinate-system.svg|thumb|This is known as a ''Cartesian coordinate system''.|left]] * '''[[w:Analytical_geometry|Analytical geometry]]''': Also known as Cartesian geometry, is geometry using a coordinate system (pictured towards the left). Analytical geometry is used in physics, engineering, and aviation. "Analysis" in analytic geometry is meant to be understood as a way of ''figuring out'' the results rather than proving the results<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=101}}</ref>. ==== Adequality ==== ''See pages 103 to 107, which provide a breakdown of [[w:Pierre_de_Fermat|Pierre de Fermat]] and his concept of adequality.'' Pierre de Fermat's concept of adequality (meaning ''approximate equality''<ref>{{Cite journal|date=2024-09-18|title=Number Theory: An Approach Through History from Hammurapi to Legendre|url=https://en.wikipedia.org/w/index.php?title=Number_Theory:_An_Approach_Through_History_from_Hammurapi_to_Legendre&oldid=1246411217|journal=Wikipedia|language=en}}</ref>) was a way of finding the maxima, minima, tangents, and other problems in calculus. For example, two nearly equal values, [let's say] ''a'' and ''b'' at the maximum of a parabola, are used to find the maxima of a parabola through a small 'nudge' in the variable<ref>{{Cite book|title=Infinite powers: how calculus reveals the secrets of the universe|last=Strogatz|first=Steven|date=2020|publisher=Mariner Books ; Houghton Mifflin Harcourt|isbn=978-1-328-87998-1|edition=First Mariner books edition|location=Boston New York|pages=106}}</ref>. Fermat's ideas eventually led to the concept of derivatives (illustrated towards the right) in modern calculus. {{Notice|1= '''5/14/2026''' - STOPPING POINT<br> To watch for later: https://www.youtube.com/watch?v=AOKoo_nQSts (6:01) To read for later: https://digitalcommons.ursinus.edu/cgi/viewcontent.cgi?params=/context/triumphs_calculus/article/1011/&path_info=M05_Fermats_Method_for_Finding_Maxima_and_Minima_2022_05_17.pdf&cs=1&hl=en-US&biw=1280&bih=631.3333740234375}} == Wikipedia/Study Links == [[w:Archimedes|'''Archimedes''']] * [[w:Approximations_of_pi|approximations of pi]] * quadrature (computation of area) of a parabolic segment * [[w:Archimedes_Palimpsest|''Archimedes Palimpsest'']] * [https://math.nyu.edu/Archimedes/Lever/LeverLaw.html Archimedes' Law of the Lever] == See Also == * [[User:Addemf/sandbox/Who Invented Calculus?]] == References/Sources == [[Category:Atcovi's Work]] [[Category:Calculus]] k34us1c47cdmc16nxlci4jn431x4cmc Draft:The Neurodiversity-inspired Idea/Method development through video notes 118 329210 2809412 2809122 2026-05-15T01:59:31Z Dekatriofovia 3058633 /* People chosen */ Direct references to user pages on why choice was made 2809412 wikitext text/x-wiki {{AI-generated}} == What {{tl|AI-generated}} means on this page == It means that the content on this page may be generated in the future. This is merely to "future-proof" this page as it may be assumed it is inevitable that one day even the content might be auto-generated and this notice existing might help students/contributors to let them know that there is a current "influence" by "AI programs" on this page, if not by content at least by influencing decisions. If any content is generated contributors are encouraged to edit this section and make the appropriate changes to let students know that there has been a change. What it means for now is that the contributors to this page are encouraged to interact with an "AI"/LLM in regards to * decision-making on what to focus on next that this page may need * brainstorming with the "AI program" of their choice regarding what to contribute next * ask "AI program" for advice on how to contribute video notes in a [[Wikiversity:Research ethics]]-way and a "Do no harm"/"Primum non nocere" way. == Original Intent == The intent for this page is for it to be used to develop a 'method' for working with "materials" like video interviews of famous people or video interviews/content of volunteers who sign up for [[Draft:The Neurodiversity-inspired Idea]]. == Contributor/Student Questions == If a contributor doesn't feel to edit this page directly but the contributor/student wants to ask a question to encourage development or they have any other question, this section is for that. '''Remember: No question is stupid!''' == Beginning work - Video notes adhering to "Do no harm"/"Primum non nocere" == This is the section for main content for this page which is video notes. The way one makes video notes on this page may set the example for the method that will be developed in the future. Goal is to treat famous people like any other people: like human beings. How one expresses oneself is very important and the original creator of this page may not be the best in that area, thus '''feel free to be bold and edit this page'''. The start is usually the hardest and based on the idea name one can focus on any famous person related to the words * draft * neurodiversity * inspiration * idea This is how this start is made. This idea may be lacking but one starts making mistakes, then later we learn how to do it better and then we fix those mistakes. == Choosing video material == Video notes can wait. Let's focus first on choosing video material. Why can video notes wait? The first task is choosing the video material and explaining why the specific material was chosen. It may not always be easy to take a decision and ie. ChatGPT or "AI Mode" can sometimes be used to make it easier to just choose something so one can focus on work and less on decisions. For some students/contributors that may be helpful. The video notes though may be done step by step, one chooses a video material, explains the reasoning behind it and then focuses on working on the video notes in a "Do no harm" manner. * How to associate the first person we focus on regarding the word ''draft''? Using "AI Mode" by Google on April 22, 2026, as a way to make "decisions easier" this input helped this project moving forward(feedback/comments appreciated) with the first "choice": ** Taylor Swift[1] * Tom Hanks[2] * Stephen Colbert(chosen based on inputting "tom hanks taylor swift" into YouTube and the 4th video(excluding "shorts") considered being potentially to be in good taste, but seeing video in progress...host of comedy show Stephen Colbert) Taylor Swift is associated with the word ''draft'' in that she has been open in videos about her music creation process. That makes this project focus on Taylor Swift as 1st person being added regarding 'video notes'. === Responsibility in regards to choosing video material === In this section if you feel free like listing yourself feel free to. Adhering to "Do no harm" can be very challenging. Though we have to try our best to achieve this. It may be good or even necessary to explain why a choice was made so that anyone joining this project can be sure that there was a 100% human judgement made when choosing a subject. As this project deals with real human beings similar to how psychiatry deals with real human beings with ie. the Autism Spectrum, the Bipolar Spectrum and similar were chosen and worked on, it dealt with real people. Psychiatry though dealt/deal mainly with children and this project deals mainly with adults. Preferably adults whose brains have fully matured and who have lived a few years with a fully matured brain which may mean 29 years of age which may be a good minimum age for this project. This is a section where a user who is a contributor would like to take responsibility for a choice: * [[User:ThinkingScience]]. I hereby take responsibility for the following choices: Taylor Swift. Read on my user page more at [[User:ThinkingScience#T]] why I made this choice. ** [[User:ThinkingScience#Tom_Hanks]] 2nd person I chose. * Example user choice 2 * Example user choice 3 * Example user choice 4 * Example user choice 5 === People chosen === This section could be updated less. Duplicating data/information is not desirable. Do no harm will be challenging but is a requirement. Video notes must be respectful and not harm the individual. '''For that to be achieved if two or more individuals are compared they must not have been in a feud or in a conflict with each other'''. '''If they weren't in a feud and they are in the future, the notes of the most recent version must be removed/modified regarding any comparisons of currently feuding individuals.''' This must be done to ensure the "Do no harm" requirement is met for this project. # Taylor Swift<nowiki>[</nowiki>[[User:ThinkingScience#Taylor_Swift|1]]<nowiki>]</nowiki> # Tom Hanks<nowiki>[</nowiki>[[User:ThinkingScience#Tom_Hanks|2]]<nowiki>]</nowiki> # Stephen Colbert<nowiki>[</nowiki>[[User:Dekatriofovia#Stephen_Colbert|3]]<nowiki>]</nowiki> == How the Linking References System works == ie. [1], [2] etc. This section may be superfluous once a better system has replaced this. Purpose: teach the students/contributors how to link to a central place where human generated inputs are made and "AI-generated" outputs results are made. When you see ie. a [1] that means that you can find that [1] input made by a human and output most probably made by a an "AI program" or Large Language Model here if you look hard enough. Otherwise please submit feedback for how the user experience was. Here's the page: [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] === References/in-Wikiversity-Wikilinks === '''Most importantly''': All in-Wikiversity references like ie. [1] can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] [2] Can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#Reference_3]] 9bqw1hcservb2iep2vgabv00mqpn06o 2809413 2809412 2026-05-15T02:00:57Z Dekatriofovia 3058633 /* Responsibility in regards to choosing video material */ This may be duplicate info, but the purpose is encouragement 2809413 wikitext text/x-wiki {{AI-generated}} == What {{tl|AI-generated}} means on this page == It means that the content on this page may be generated in the future. This is merely to "future-proof" this page as it may be assumed it is inevitable that one day even the content might be auto-generated and this notice existing might help students/contributors to let them know that there is a current "influence" by "AI programs" on this page, if not by content at least by influencing decisions. If any content is generated contributors are encouraged to edit this section and make the appropriate changes to let students know that there has been a change. What it means for now is that the contributors to this page are encouraged to interact with an "AI"/LLM in regards to * decision-making on what to focus on next that this page may need * brainstorming with the "AI program" of their choice regarding what to contribute next * ask "AI program" for advice on how to contribute video notes in a [[Wikiversity:Research ethics]]-way and a "Do no harm"/"Primum non nocere" way. == Original Intent == The intent for this page is for it to be used to develop a 'method' for working with "materials" like video interviews of famous people or video interviews/content of volunteers who sign up for [[Draft:The Neurodiversity-inspired Idea]]. == Contributor/Student Questions == If a contributor doesn't feel to edit this page directly but the contributor/student wants to ask a question to encourage development or they have any other question, this section is for that. '''Remember: No question is stupid!''' == Beginning work - Video notes adhering to "Do no harm"/"Primum non nocere" == This is the section for main content for this page which is video notes. The way one makes video notes on this page may set the example for the method that will be developed in the future. Goal is to treat famous people like any other people: like human beings. How one expresses oneself is very important and the original creator of this page may not be the best in that area, thus '''feel free to be bold and edit this page'''. The start is usually the hardest and based on the idea name one can focus on any famous person related to the words * draft * neurodiversity * inspiration * idea This is how this start is made. This idea may be lacking but one starts making mistakes, then later we learn how to do it better and then we fix those mistakes. == Choosing video material == Video notes can wait. Let's focus first on choosing video material. Why can video notes wait? The first task is choosing the video material and explaining why the specific material was chosen. It may not always be easy to take a decision and ie. ChatGPT or "AI Mode" can sometimes be used to make it easier to just choose something so one can focus on work and less on decisions. For some students/contributors that may be helpful. The video notes though may be done step by step, one chooses a video material, explains the reasoning behind it and then focuses on working on the video notes in a "Do no harm" manner. * How to associate the first person we focus on regarding the word ''draft''? Using "AI Mode" by Google on April 22, 2026, as a way to make "decisions easier" this input helped this project moving forward(feedback/comments appreciated) with the first "choice": ** Taylor Swift[1] * Tom Hanks[2] * Stephen Colbert(chosen based on inputting "tom hanks taylor swift" into YouTube and the 4th video(excluding "shorts") considered being potentially to be in good taste, but seeing video in progress...host of comedy show Stephen Colbert) Taylor Swift is associated with the word ''draft'' in that she has been open in videos about her music creation process. That makes this project focus on Taylor Swift as 1st person being added regarding 'video notes'. === Responsibility in regards to choosing video material === In this section if you feel free like listing yourself feel free to. Adhering to "Do no harm" can be very challenging. Though we have to try our best to achieve this. It may be good or even necessary to explain why a choice was made so that anyone joining this project can be sure that there was a 100% human judgement made when choosing a subject. As this project deals with real human beings similar to how psychiatry deals with real human beings with ie. the Autism Spectrum, the Bipolar Spectrum and similar were chosen and worked on, it dealt with real people. Psychiatry though dealt/deal mainly with children and this project deals mainly with adults. Preferably adults whose brains have fully matured and who have lived a few years with a fully matured brain which may mean 29 years of age which may be a good minimum age for this project. This is a section where a user who is a contributor would like to take responsibility for a choice: * Example user choice 1 * Example user choice 2 * Example user choice 3 * Example user choice 4 * Example user choice 5 === People chosen === This section could be updated less. Duplicating data/information is not desirable. Do no harm will be challenging but is a requirement. Video notes must be respectful and not harm the individual. '''For that to be achieved if two or more individuals are compared they must not have been in a feud or in a conflict with each other'''. '''If they weren't in a feud and they are in the future, the notes of the most recent version must be removed/modified regarding any comparisons of currently feuding individuals.''' This must be done to ensure the "Do no harm" requirement is met for this project. # Taylor Swift<nowiki>[</nowiki>[[User:ThinkingScience#Taylor_Swift|1]]<nowiki>]</nowiki> # Tom Hanks<nowiki>[</nowiki>[[User:ThinkingScience#Tom_Hanks|2]]<nowiki>]</nowiki> # Stephen Colbert<nowiki>[</nowiki>[[User:Dekatriofovia#Stephen_Colbert|3]]<nowiki>]</nowiki> == How the Linking References System works == ie. [1], [2] etc. This section may be superfluous once a better system has replaced this. Purpose: teach the students/contributors how to link to a central place where human generated inputs are made and "AI-generated" outputs results are made. When you see ie. a [1] that means that you can find that [1] input made by a human and output most probably made by a an "AI program" or Large Language Model here if you look hard enough. Otherwise please submit feedback for how the user experience was. Here's the page: [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] === References/in-Wikiversity-Wikilinks === '''Most importantly''': All in-Wikiversity references like ie. [1] can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] [2] Can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#Reference_3]] sx09aml37x4zojpseen2yw55fzha3co 2809414 2809413 2026-05-15T02:02:23Z Dekatriofovia 3058633 /* Responsibility in regards to choosing video material */ entire section removed. Duplicate information can be confusing 2809414 wikitext text/x-wiki {{AI-generated}} == What {{tl|AI-generated}} means on this page == It means that the content on this page may be generated in the future. This is merely to "future-proof" this page as it may be assumed it is inevitable that one day even the content might be auto-generated and this notice existing might help students/contributors to let them know that there is a current "influence" by "AI programs" on this page, if not by content at least by influencing decisions. If any content is generated contributors are encouraged to edit this section and make the appropriate changes to let students know that there has been a change. What it means for now is that the contributors to this page are encouraged to interact with an "AI"/LLM in regards to * decision-making on what to focus on next that this page may need * brainstorming with the "AI program" of their choice regarding what to contribute next * ask "AI program" for advice on how to contribute video notes in a [[Wikiversity:Research ethics]]-way and a "Do no harm"/"Primum non nocere" way. == Original Intent == The intent for this page is for it to be used to develop a 'method' for working with "materials" like video interviews of famous people or video interviews/content of volunteers who sign up for [[Draft:The Neurodiversity-inspired Idea]]. == Contributor/Student Questions == If a contributor doesn't feel to edit this page directly but the contributor/student wants to ask a question to encourage development or they have any other question, this section is for that. '''Remember: No question is stupid!''' == Beginning work - Video notes adhering to "Do no harm"/"Primum non nocere" == This is the section for main content for this page which is video notes. The way one makes video notes on this page may set the example for the method that will be developed in the future. Goal is to treat famous people like any other people: like human beings. How one expresses oneself is very important and the original creator of this page may not be the best in that area, thus '''feel free to be bold and edit this page'''. The start is usually the hardest and based on the idea name one can focus on any famous person related to the words * draft * neurodiversity * inspiration * idea This is how this start is made. This idea may be lacking but one starts making mistakes, then later we learn how to do it better and then we fix those mistakes. == Choosing video material == Video notes can wait. Let's focus first on choosing video material. Why can video notes wait? The first task is choosing the video material and explaining why the specific material was chosen. It may not always be easy to take a decision and ie. ChatGPT or "AI Mode" can sometimes be used to make it easier to just choose something so one can focus on work and less on decisions. For some students/contributors that may be helpful. The video notes though may be done step by step, one chooses a video material, explains the reasoning behind it and then focuses on working on the video notes in a "Do no harm" manner. * How to associate the first person we focus on regarding the word ''draft''? Using "AI Mode" by Google on April 22, 2026, as a way to make "decisions easier" this input helped this project moving forward(feedback/comments appreciated) with the first "choice": ** Taylor Swift[1] * Tom Hanks[2] * Stephen Colbert(chosen based on inputting "tom hanks taylor swift" into YouTube and the 4th video(excluding "shorts") considered being potentially to be in good taste, but seeing video in progress...host of comedy show Stephen Colbert) Taylor Swift is associated with the word ''draft'' in that she has been open in videos about her music creation process. That makes this project focus on Taylor Swift as 1st person being added regarding 'video notes'. === People chosen === This section could be updated less. Duplicating data/information is not desirable. Do no harm will be challenging but is a requirement. Video notes must be respectful and not harm the individual. '''For that to be achieved if two or more individuals are compared they must not have been in a feud or in a conflict with each other'''. '''If they weren't in a feud and they are in the future, the notes of the most recent version must be removed/modified regarding any comparisons of currently feuding individuals.''' This must be done to ensure the "Do no harm" requirement is met for this project. # Taylor Swift<nowiki>[</nowiki>[[User:ThinkingScience#Taylor_Swift|1]]<nowiki>]</nowiki> # Tom Hanks<nowiki>[</nowiki>[[User:ThinkingScience#Tom_Hanks|2]]<nowiki>]</nowiki> # Stephen Colbert<nowiki>[</nowiki>[[User:Dekatriofovia#Stephen_Colbert|3]]<nowiki>]</nowiki> == How the Linking References System works == ie. [1], [2] etc. This section may be superfluous once a better system has replaced this. Purpose: teach the students/contributors how to link to a central place where human generated inputs are made and "AI-generated" outputs results are made. When you see ie. a [1] that means that you can find that [1] input made by a human and output most probably made by a an "AI program" or Large Language Model here if you look hard enough. Otherwise please submit feedback for how the user experience was. Here's the page: [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] === References/in-Wikiversity-Wikilinks === '''Most importantly''': All in-Wikiversity references like ie. [1] can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] [2] Can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#Reference_3]] oohteh6uvz2zooofhb2phexe324rkpe 2809417 2809414 2026-05-15T02:23:34Z Dekatriofovia 3058633 /* Choosing video material */ section created of "Video 1". First video notes should follow on next edit 2809417 wikitext text/x-wiki {{AI-generated}} == What {{tl|AI-generated}} means on this page == It means that the content on this page may be generated in the future. This is merely to "future-proof" this page as it may be assumed it is inevitable that one day even the content might be auto-generated and this notice existing might help students/contributors to let them know that there is a current "influence" by "AI programs" on this page, if not by content at least by influencing decisions. If any content is generated contributors are encouraged to edit this section and make the appropriate changes to let students know that there has been a change. What it means for now is that the contributors to this page are encouraged to interact with an "AI"/LLM in regards to * decision-making on what to focus on next that this page may need * brainstorming with the "AI program" of their choice regarding what to contribute next * ask "AI program" for advice on how to contribute video notes in a [[Wikiversity:Research ethics]]-way and a "Do no harm"/"Primum non nocere" way. == Original Intent == The intent for this page is for it to be used to develop a 'method' for working with "materials" like video interviews of famous people or video interviews/content of volunteers who sign up for [[Draft:The Neurodiversity-inspired Idea]]. == Contributor/Student Questions == If a contributor doesn't feel to edit this page directly but the contributor/student wants to ask a question to encourage development or they have any other question, this section is for that. '''Remember: No question is stupid!''' == Beginning work - Video notes adhering to "Do no harm"/"Primum non nocere" == This is the section for main content for this page which is video notes. The way one makes video notes on this page may set the example for the method that will be developed in the future. Goal is to treat famous people like any other people: like human beings. How one expresses oneself is very important and the original creator of this page may not be the best in that area, thus '''feel free to be bold and edit this page'''. The start is usually the hardest and based on the idea name one can focus on any famous person related to the words * draft * neurodiversity * inspiration * idea This is how this start is made. This idea may be lacking but one starts making mistakes, then later we learn how to do it better and then we fix those mistakes. == Choosing video material == Video notes can wait. Let's focus first on choosing video material. Why can video notes wait? The first task is choosing the video material and explaining why the specific material was chosen. It may not always be easy to take a decision and ie. ChatGPT or "AI Mode" can sometimes be used to make it easier to just choose something so one can focus on work and less on decisions. For some students/contributors that may be helpful. The video notes though may be done step by step, one chooses a video material, explains the reasoning behind it and then focuses on working on the video notes in a "Do no harm" manner. First video material to be chosen is an interview or a "comedy show" with Stephen Colbert with Tom Hanks as guest. "Video 1". ==== Video 1 ==== YouTube video: www.youtube.com/watch?v=DgYXYh-4uuc Full title: Tom Hanks On Life During WWII, His Favorite Tom Hanks Movie Moments, And Why Almond Milk Isn't Real By YouTube channel: @ColbertLateShow First video notes will follow. === People chosen === This section could be updated less. Duplicating data/information is not desirable. Do no harm will be challenging but is a requirement. Video notes must be respectful and not harm the individual. '''For that to be achieved if two or more individuals are compared they must not have been in a feud or in a conflict with each other'''. '''If they weren't in a feud and they are in the future, the notes of the most recent version must be removed/modified regarding any comparisons of currently feuding individuals.''' Taylor Swift is associated with the word ''draft'' in that she has been open in videos about her music creation process. That makes this project focus on Taylor Swift as 1st person being added regarding 'video notes'. A project has to start somewhere. This must be done to ensure the "Do no harm" requirement is met for this project. # Taylor Swift<nowiki>[</nowiki>[[User:ThinkingScience#Taylor_Swift|1]]<nowiki>]</nowiki> # Tom Hanks<nowiki>[</nowiki>[[User:ThinkingScience#Tom_Hanks|2]]<nowiki>]</nowiki> # Stephen Colbert<nowiki>[</nowiki>[[User:Dekatriofovia#Stephen_Colbert|3]]<nowiki>]</nowiki> == How the Linking References System works == ie. [1], [2] etc. This section may be superfluous once a better system has replaced this. Purpose: teach the students/contributors how to link to a central place where human generated inputs are made and "AI-generated" outputs results are made. When you see ie. a [1] that means that you can find that [1] input made by a human and output most probably made by a an "AI program" or Large Language Model here if you look hard enough. Otherwise please submit feedback for how the user experience was. Here's the page: [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] === References/in-Wikiversity-Wikilinks === '''Most importantly''': All in-Wikiversity references like ie. [1] can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] [2] Can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#Reference_3]] ikvgsko4m4r846ibztaehuxdd7jes3e 2809421 2809417 2026-05-15T02:51:11Z Dekatriofovia 3058633 /* Video 1 */ video 2 to offer a choice 2809421 wikitext text/x-wiki {{AI-generated}} == What {{tl|AI-generated}} means on this page == It means that the content on this page may be generated in the future. This is merely to "future-proof" this page as it may be assumed it is inevitable that one day even the content might be auto-generated and this notice existing might help students/contributors to let them know that there is a current "influence" by "AI programs" on this page, if not by content at least by influencing decisions. If any content is generated contributors are encouraged to edit this section and make the appropriate changes to let students know that there has been a change. What it means for now is that the contributors to this page are encouraged to interact with an "AI"/LLM in regards to * decision-making on what to focus on next that this page may need * brainstorming with the "AI program" of their choice regarding what to contribute next * ask "AI program" for advice on how to contribute video notes in a [[Wikiversity:Research ethics]]-way and a "Do no harm"/"Primum non nocere" way. == Original Intent == The intent for this page is for it to be used to develop a 'method' for working with "materials" like video interviews of famous people or video interviews/content of volunteers who sign up for [[Draft:The Neurodiversity-inspired Idea]]. == Contributor/Student Questions == If a contributor doesn't feel to edit this page directly but the contributor/student wants to ask a question to encourage development or they have any other question, this section is for that. '''Remember: No question is stupid!''' == Beginning work - Video notes adhering to "Do no harm"/"Primum non nocere" == This is the section for main content for this page which is video notes. The way one makes video notes on this page may set the example for the method that will be developed in the future. Goal is to treat famous people like any other people: like human beings. How one expresses oneself is very important and the original creator of this page may not be the best in that area, thus '''feel free to be bold and edit this page'''. The start is usually the hardest and based on the idea name one can focus on any famous person related to the words * draft * neurodiversity * inspiration * idea This is how this start is made. This idea may be lacking but one starts making mistakes, then later we learn how to do it better and then we fix those mistakes. == Choosing video material == Video notes can wait. Let's focus first on choosing video material. Why can video notes wait? The first task is choosing the video material and explaining why the specific material was chosen. It may not always be easy to take a decision and ie. ChatGPT or "AI Mode" can sometimes be used to make it easier to just choose something so one can focus on work and less on decisions. For some students/contributors that may be helpful. The video notes though may be done step by step, one chooses a video material, explains the reasoning behind it and then focuses on working on the video notes in a "Do no harm" manner. First video material to be chosen is an interview or a "comedy show" with Stephen Colbert with Tom Hanks as guest. "Video 1". ==== Video 1 ==== YouTube video: www.youtube.com/watch?v=DgYXYh-4uuc Video length: 24m 31s. Full title: Tom Hanks On Life During WWII, His Favorite Tom Hanks Movie Moments, And Why Almond Milk Isn't Real By YouTube channel: @ColbertLateShow First video notes will follow. ==== Video 2 ==== YouTube video: www.youtube.com/watch?v=x8zfsf4azLo Video length: 46m 9s. Full title: Taylor Swift & Martin McDonagh | Directors on Directors By YouTube channel: @variety === People chosen === This section could be updated less. Duplicating data/information is not desirable. Do no harm will be challenging but is a requirement. Video notes must be respectful and not harm the individual. '''For that to be achieved if two or more individuals are compared they must not have been in a feud or in a conflict with each other'''. '''If they weren't in a feud and they are in the future, the notes of the most recent version must be removed/modified regarding any comparisons of currently feuding individuals.''' Taylor Swift is associated with the word ''draft'' in that she has been open in videos about her music creation process. That makes this project focus on Taylor Swift as 1st person being added regarding 'video notes'. A project has to start somewhere. This must be done to ensure the "Do no harm" requirement is met for this project. # Taylor Swift<nowiki>[</nowiki>[[User:ThinkingScience#Taylor_Swift|1]]<nowiki>]</nowiki> # Tom Hanks<nowiki>[</nowiki>[[User:ThinkingScience#Tom_Hanks|2]]<nowiki>]</nowiki> # Stephen Colbert<nowiki>[</nowiki>[[User:Dekatriofovia#Stephen_Colbert|3]]<nowiki>]</nowiki> == How the Linking References System works == ie. [1], [2] etc. This section may be superfluous once a better system has replaced this. Purpose: teach the students/contributors how to link to a central place where human generated inputs are made and "AI-generated" outputs results are made. When you see ie. a [1] that means that you can find that [1] input made by a human and output most probably made by a an "AI program" or Large Language Model here if you look hard enough. Otherwise please submit feedback for how the user experience was. Here's the page: [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] === References/in-Wikiversity-Wikilinks === '''Most importantly''': All in-Wikiversity references like ie. [1] can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#"Reference_Coding"]] [2] Can be found at [[Draft:The_Neurodiversity-inspired_Idea/AI_Prompt_History_for_Questions#Reference_3]] p6iiq2mqnvmxmhn9nl0sq30cg3o98xw User:Atcovi/OGM & Suicide/The Paper 2 329353 2809346 2808347 2026-05-14T22:38:33Z Atcovi 276019 /* Contradictions / Nuances */ 2809346 wikitext text/x-wiki ''Better translated as the "thinking space" vs. an actual paper.'' ''What we doing?'' Integrating OGM → suicidal ideation within a structured model (IMV + mechanisms); Value comes from THEORY INTEGRATION and <u>not</u> "OGM x SI" [new findings]. --> "OGM may represent an underdeveloped autobiographical-memory mechanism contributing to entrapment, hopelessness, and SI within the IMV framework" ==Introduction== '''[[w:Overgeneral_autobiographical_memory|Overgeneral autobiographical memory]]''' (OGM) describes a reduced ability to recall specific events in one's autobiographical memory. For example, one may remember attending a birthday party at some point in their life, but they could not uniquely recall a specific instance of attending a birthday party. OGM has been empirically associated with depression, with depressed individuals reporting higher levels of OGM than non-depressed individuals<ref name=":2">{{Cite journal|last=Sumner|first=Jennifer A.|last2=Griffith|first2=James W.|last3=Mineka|first3=Susan|date=2010-07|title=Overgeneral autobiographical memory as a predictor of the course of depression: a meta-analysis|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC2878838/|journal=Behaviour Research and Therapy|volume=48|issue=7|pages=614–625|doi=10.1016/j.brat.2010.03.013|issn=1873-622X|pmc=2878838|pmid=20399418}}</ref>. Given the association of depression and suicidal ideation<ref>{{Cite journal|last=Chachamovich|first=Eduardo|last2=Stefanello|first2=Sabrina|last3=Botega|first3=Neury|last4=Turecki|first4=Gustavo|date=2009-05|title=[Which are the recent clinical findings regarding the association between depression and suicide?]|url=https://pubmed.ncbi.nlm.nih.gov/19565147|journal=Revista Brasileira De Psiquiatria (Sao Paulo, Brazil: 1999)|volume=31 Suppl 1|pages=S18–25|doi=10.1590/s1516-44462009000500004|issn=1516-4446|pmid=19565147}}</ref>, utilizing suicide models, such as the '''Integrated Motivational-Volitional (IMV) model''', provides a theoretical cognitive framework to increase understanding of where OGM may fit in the escalation to suicidal ideation and/or suicide. The IMV model portrays suicidal behavior as an escalating, behavioral process divided into three phases: pre-motivational phase, motivational phase, and volitional phase. The motivational phase is characterized by suicidal ideation formation, where feelings of entrapment (described as a "proximal [predictor] of suicidal ideation"<ref>{{Cite journal|last=O'Connor|first=Rory C.|last2=Kirtley|first2=Olivia J.|date=2018-09-05|title=The integrated motivational-volitional model of suicidal behaviour|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC6053985/|journal=Philosophical Transactions of the Royal Society of London. Series B, Biological Sciences|volume=373|issue=1754|pages=20170268|doi=10.1098/rstb.2017.0268|issn=1471-2970|pmc=6053985|pmid=30012735}}</ref>), poor problem-solving abilities, brooding, and interpersonal vulnerabilities (thwarted belongingness and perceived burdensomeness) may transition the individual to the volitional phase. When looking at the IMV model and assessing where OGM could play a part in the transition to suicidal ideation, OGM may impair problem-solving capabilities and the ability to learn from the past through reduced retrieval of specific past experiences, leading to hopelessness<ref name=":3">{{Cite journal|last=Jiang|first=Wen|last2=Hu|first2=Guangtao|last3=Zhang|first3=Jingxuan|last4=Chen|first4=Ken|last5=Fan|first5=Dongni|last6=Feng|first6=Zhengzhi|date=2020-10-12|title=Distinct effects of over-general autobiographical memory on suicidal ideation among depressed and healthy people|url=https://doi.org/10.1186/s12888-020-02877-6|journal=BMC Psychiatry|language=en|volume=20|issue=1|pages=501|doi=10.1186/s12888-020-02877-6|issn=1471-244X|pmc=7549224|pmid=33046032}}</ref><ref>{{Cite book|url=https://doi.org/10.1017/9781316563205|title=The Neuroscience of Suicidal Behavior|last=van Heeringen|first=Kees|date=2018-08-23|publisher=Cambridge University Press|isbn=978-1-316-56320-5}}</ref>. The current literature aims to shed light on a neglected niche of suicide research: autobiographical memory. Despite the overwhelming research suggesting correlations between OGM and depression and suicidal ideation, research has not thoroughly explored OGM's exact role in a cognitive, theoretical framework of suicidal ideation (specifically within the IMV model). By conducting a narrative review and integrating research on OGM's role in suicidal ideation, this paper furthers understanding on OGM's role in suicidal ideation within the IMV framework. ==OGM as a Vulnerability== Evidence suggests that OGM is a cognitive vulnerability associated with depression and suicidal ideation, though its predictive relevance may vary depending on the population. A meta analysis performed by Sumner et. al (2010) found that OGM accounted for about 1-2% of the variance in depressive symptoms at follow-up<ref name=":2" />. A 2020 study found that OGM was associated with depressed patients' current suicidal ideation state and worse-point suicidal ideation, while OGM affected the healthy patients' worse-point suicidal ideation<ref name=":2" />. However, Crane et. al (2016) conducted a longitudinal study of n≈5800 adolescents from ages 13 to 16 and found that OGM was not significantly associated with depression and did not moderate the effect of life events, suggesting OGM may not be as generalizable to community samples vs. high-risk populations<ref name=":2" />. Even though the findings indicated that OGM was not significantly associated with depression, the study highlights that OGM may function as a vulnerability within high-risk populations. This suggests that OGM's predictive relevance may depend on the risk-level of the population. OGM persists even past depression, as found in Hallford et. al (2022). A meta-analysis indicated that participants with remitted depression continue to experience small to moderate deficiencies in being able to recall "specific, event-level personal memories". This indicates that OGM isn't merely a symptom of depression, but may function as a risk factor for future depressive episodes<ref name=":2" />. Considering the above, the analysis suggests that OGM may function as a cognitive vulnerability that is further exacerbated in high-risk populations vs. the general population. ==Mechanisms== The inability to retrieve specific memories from one's autobiographical memory may lead to inefficient problem-solving abilities, which can impact one's ability to deal with difficult situations as they lack past experiences to rely on<ref name=":2" /><ref name=":4">{{Cite journal|last=Arie|first=Miri|last2=Apter|first2=Alan|last3=Orbach|first3=Israel|last4=Yefet|first4=Yael|last5=Zalzman|first5=Gil|date=2008-01-01|title=Autobiographical memory, interpersonal problem solving, and suicidal behavior in adolescent inpatients|url=https://www.sciencedirect.com/science/article/pii/S0010440X07000922|journal=Comprehensive Psychiatry|volume=49|issue=1|pages=22–29|doi=10.1016/j.comppsych.2007.07.004|issn=0010-440X}}</ref>. Failing to deal with difficult situations can drive an individual to hopelessness. In 1986, an article by Mark J. Williams and Keith Broadbent stipulated that individuals who recently attempted suicide had biased latencies in autobiographical memory retrieval and had reduced specificity in responses to especially positive cues<ref>{{Cite web|url=https://www.tandfonline.com/action/cookieAbsent|website=www.tandfonline.com|doi=10.1080/02699938808410925|access-date=2026-05-08}}</ref>. OGM may not have a direct effect on suicide, but the evidence suggests that OGM intensifies the risk of suicidal ideation through deteriorating cognitive functioning. Rumination involves maladaptive dwelling on one's past negative emotions and feelings<ref name=":0">{{Cite journal|last=Treynor|first=Wendy|last2=Gonzalez|first2=Richard|last3=Nolen-Hoeksema|first3=Susan|date=2003-06-01|title=Rumination Reconsidered: A Psychometric Analysis|url=https://doi.org/10.1023/A:1023910315561|journal=Cognitive Therapy and Research|language=en|volume=27|issue=3|pages=247–259|doi=10.1023/A:1023910315561|issn=1573-2819}}</ref>, and is associated with suicidal behavior/ideation<ref name=":1">{{Cite journal|last=O'Connor|first=Rory C.|last2=Kirtley|first2=Olivia J.|date=2018-09-05|title=The integrated motivational–volitional model of suicidal behaviour|url=https://royalsocietypublishing.org/doi/10.1098/rstb.2017.0268|journal=Philosophical Transactions of the Royal Society B: Biological Sciences|language=en|volume=373|issue=1754|pages=20170268|doi=10.1098/rstb.2017.0268|issn=0962-8436|pmc=6053985|pmid=30012735}}</ref>. One may reflect on their negative emotions and question such emotions in an abstract manner ("How did I get to feel this way?"<ref name=":0" />, "Why did this happen to me?"<ref>{{Cite journal|last=Sumner|first=Jennifer A.|date=2012-02|title=The mechanisms underlying overgeneral autobiographical memory: an evaluative review of evidence for the CaR-FA-X model|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC3246105/|journal=Clinical Psychology Review|volume=32|issue=1|pages=34–48|doi=10.1016/j.cpr.2011.10.003|issn=1873-7811|pmc=3246105|pmid=22142837}}</ref>), which causes one's memory retrieval to capture negative intermediate conceptual information (ex, "I'm a failure") instead of specific memories. Repeated rumination strengthens these negative self-beliefs, leading to frequent capture of negative conceptual themes and impeding memory retrieval. This association of rumination and general memory aligns with the CaR-FA-X model<ref>{{Cite journal|last=Stange|first=Jonathan P.|last2=Hamlat|first2=Elissa J.|last3=Hamilton|first3=Jessica L.|last4=Abramson|first4=Lyn Y.|last5=Alloy|first5=Lauren B.|date=2013-02|title=Overgeneral autobiographical memory, emotional maltreatment, and depressive symptoms in adolescence: evidence of a cognitive vulnerability-stress interaction|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC3530666/|journal=Journal of Adolescence|volume=36|issue=1|pages=201–208|doi=10.1016/j.adolescence.2012.11.001|issn=1095-9254|pmc=3530666|pmid=23186994}}</ref>. Within the IMV model, we propose that OGM falls under '''Threat to Self Moderators (TSM)'''. TSMs spur entrapment (a perceived sense of being trapped by defeat/humilitation), which can lead to suicidal ideation depending on the effects of '''Motivational Moderators (MM).''' Positive factors, such as motivation to live, positive future thinking, and belongingess can offset the transition of entrapment → suicidal ideation, though negative factors, such as thwarted belongingness, very little social support, and perceived burdensomeness, may increase the chance of entrapment converting into suicidal ideation<ref name=":1" />. ==OGM → Suicidal ideation (CORE)== The research suggests that OGM is not just associated with depression, but is a contributing factor towards suicidal ideation (especially in high-risk populations). Jiang et. al (2020) found in a study of 365 participants, with roughly 51% of the participants clinically depressed while the other roughly 49% of participants were classified as "healthy", that OGM had an increased presence in the depressed group vs. the "healthy" group. WSI (worst suicidal thoughts one has ever had [at a certain point]) and CSI (current point of suicidal ideation) were significantly affected by OGM in the depressed group. OGM was also found to be a mediator between CSI and childhood trauma in depressed patients. As OGM leads to negative memory biases and, therefore, the maintenance of a negative mental state, the researchers suggested that OGM may be a consistent contributor to suicidal ideation in depressed patients<ref name=":3" />. These findings are corroborated by a more recent (2025) study on depressed patients with varying levels of SI, where the researchers concluded that OGM may be "a maladaptive cognitive avoidance strategy" rather than simply a deterioration in memory. Zhu et. al (2025) further explain that individuals with OGM have a difficult time recalling positive memories, which reinforce negative recallings, spurring hopelessness and the transition to suicidal ideation<ref>{{Cite journal|last=Zhu|first=Ying|last2=Yin|first2=Qianlan|last3=Xu|first3=Huijing|last4=Xiao|first4=Fang|last5=Jiang|first5=Qian|last6=Liang|first6=Meng|last7=Cheng|first7=Qi|last8=Liu|first8=Taosheng|date=2025-11-24|title=Speech feature identification model for depressed individuals with suicidal ideation based on autobiographical memory|url=https://doi.org/10.1186/s12888-025-07635-0|journal=BMC Psychiatry|language=en|volume=25|issue=1|pages=1154|doi=10.1186/s12888-025-07635-0|issn=1471-244X|pmc=12713288|pmid=41286790}}</ref>. In a 2008 study on autobiographical memory, interpersonal problem-solving skills, and suicidal behaviour in adolescents and young adults, Arie et. al (2008) found that OGM was significantly associated with hopelessness and poor problem-solving abilities in adolescents. This suggests that being able to retrieve specific memories in one's autobiographical memory improves problem-solving skills, as they are able to draw back from past experiences to address challenging interpersonal situations<ref name=":4" />. Kaviani et. al (2011) found that depressed individuals with more severe suicidal ideation levels had more difficulty in retrieving specific thoughts in comparison to depressed individuals with less severe suicidal ideation<ref>{{Cite journal|last=Kaviani|first=H.|last2=Rahimi|first2=M.|last3=Rahimi-Darabad|first3=P.|last4=Naghavi|first4=K. Kamyar H.|date=2003|title=HOW AUTOBIOGRAPHICAL MEMORY DEFICITS AFFECT PROBLEM-SOLVING IN DEPRESSED PATIENTS|url=https://acta.tums.ac.ir/index.php/acta/article/view/2663|journal=Acta Medica Iranica|language=en-US|pages=194–198|issn=1735-9694}}</ref>. These findings suggest that OGM plays a unique factor in contributing to suicidal ideation through maladaptive cognitive processing rather than being merely a symptom of depression. ==Contradictions / Nuances== Despite the importance of OGM and the findings indicating its potential amplification of suicidal ideation, OGM does not appear to be a consistent detriment in low-risk populations. Crane et. al (2016) conducted a longitudinal study of 5792 adolescents from ages 13 to 16 and found no significant findings that OGM played a direct or interative role with depression, suicidal ideation, and self-harm (when accounted for confounding variables) in a general population<ref>{{Cite journal|last=Crane|first=Catherine|last2=Heron|first2=Jon|last3=Gunnell|first3=David|last4=Lewis|first4=Glyn|last5=Evans|first5=Jonathan|last6=Williams|first6=J. Mark G.|date=2016|title=Adolescent over-general memory, life events and mental health outcomes: Findings from a UK cohort study|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC4743605/|journal=Memory (Hove, England)|volume=24|issue=3|pages=348–363|doi=10.1080/09658211.2015.1008014|issn=1464-0686|pmc=4743605|pmid=25716137}}</ref>. The authors concluded that OGM appears to be more clinically meaningful in high-risk populations that are already cognitively vulnerable through depression and/or psychopathology. The OGM x Stress interaction theory is supported by another longitudinal study done on 174 Caucasion adolescents by Stange et. al (2012), where they found that OGM was found to be a vulnerability to adolescents with depression (especially emotional maltreatment)<ref>{{Cite journal|last=Stange|first=Jonathan P.|last2=Hamlat|first2=Elissa J.|last3=Hamilton|first3=Jessica L.|last4=Abramson|first4=Lyn Y.|last5=Alloy|first5=Lauren B.|date=2013-02|title=Overgeneral autobiographical memory, emotional maltreatment, and depressive symptoms in adolescence: evidence of a cognitive vulnerability-stress interaction|url=https://pmc.ncbi.nlm.nih.gov/articles/PMC3530666/|journal=Journal of Adolescence|volume=36|issue=1|pages=201–208|doi=10.1016/j.adolescence.2012.11.001|issn=1095-9254|pmc=3530666|pmid=23186994}}</ref>. These findings, alongside with Jiang et. al (2020), suggest that OGM is context-dependent and may play a significant role in the development of depression and/or suicidal ideation if the individual is already susceptible for depression and/or mental disorders. This aligns with the diathesis-stress model, suggesting a set of factors interact with pre-existing vulnerabilities to produce a "disordered state"<ref>{{Cite book|url=https://doi.org/10.1017/9781316563205|title=The Neuroscience of Suicidal Behavior|last=van Heeringen|first=Kees|date=2018-08-23|publisher=Cambridge University Press|isbn=978-1-316-56320-5|pages=24-25}}</ref>. ==Conclusion== == References == {{Reflist}} [[Category:Atcovi/OGM & Suicide Poster]] 6psr9ke89axr28hjojm4wmhkzdhfvop Introduction to solar energy/Solar resources and availability quizbank 1 0 329442 2809332 2807488 2026-05-14T21:50:55Z IanVG 2918363 added exercise 2809332 wikitext text/x-wiki Question 2: Photovoltaic conversion and energy production. The solar energy received on earth corresponds to a power of about 1 kW/m². Due to cloud coverage, pollution and the orbit of the earth around its own axis and the sun, the received power fluctuates throughout the day and throughout the year. Various standard quantities are provided by meteorological sites such as the number of hours of sunshine of a site which corresponds to the number of hours when the place considered receives light power exceeding approximately 400 W/m². For example in the French city of Rouen, there are approximately 1750 hours of full sunshine per year. For each location, the number of hours of equivalent full sun is also normally given, where an hour of equivalent full sun represents one hour of 1 kW/m². For example if a day contained two hours of 500 W/m², then that would also represent one hour of equivalent full sun. Givens: * In the French city of Annemasse, the number of equivalent hours per day is 3.8 hours on a surface facing South and inclined at an angle equal to the latitude. * In the industry, a photovoltaic panel is characterized by its peak power which corresponds to the electrical power that the panel would provide under a sunshine of 1000 W/m². * The cost of electricity is 0.10e/kWh * Tax credits for solar energy production are no longer granted by the state. * The average cost of a photovoltaic installation for 2013 is given by the table below: {| class="wikitable" |+ !Power !Simplified Building Integration (SBI) !Building Integration (BAI) |- |< 3 kWc |2.9 to 3.6 e before Taxes/Wp |3 to 3.8 e before Taxes/Wp |- |3 to 36 kWp |2.7 to 3.3 e before Taxes/Wp |2.8 to 3.4 e before Taxes/Wp |- |36 to 100 kWp |2.3 to 3 e before Taxes/Wp |2.4 to 3 e before Taxes/Wp |} The question below aims to study the energy produced and the time of return on investment of a photovoltaic installation located in Annemasse, which has an average of 3.8 hours of equivalent per day throughout the year. The solar panels of interest are 150 Wp and each panel is 1 square meter. Questions: # For full sun conditions, determine the power supplied by 1 m² of panel. # Calculate the daily energy yield of one panel. # Calculate the panel area necessary to obtain 3 kWp. # Calculate the annual light energy received in Annemasse for a surface of 20 m². # Estimate the electrical production over the year of a 3 kWp installation. # Calculate the capital cost of the installation. # Calculate the amount of money paid by the utility company per year. # Calculate the time after which the installation is considered profitable. # Calculate the financial gain over 20 years. Exercise 1: In 2021 the annual electric consumption of mainland France was equal to 468 TWh. Assuming a panel efficiency of 20%, how much surface area would be required to cover these needs? For the solar availability calculations, find a solar cadastre and consider both solar extremes of the country (high and low solar availability). Knowing that the area of mainland France is approximately 552,000 km², what is the corresponding percent coverage of total land? And assuming that the percentage of built-up land was 9.3% in 2015, how much of the artificially covered land would need to be utilized? b0pobl0w8r48dj1gqup463u26xbsupr Athena problem 0 329548 2809299 2809098 2026-05-14T20:36:31Z 雅典娜241 3071373 2809299 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36: (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] 6u9n9daulh3055xocy7225eytjvy0ld 2809304 2809299 2026-05-14T20:44:12Z 雅典娜241 3071373 /* Results */ 2809304 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36: (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorem|Gödel's incompleteness theorem]]s (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] 6z8f39e9v57nv8mf997gd6jkq9sran6 2809306 2809304 2026-05-14T20:44:58Z 雅典娜241 3071373 /* Results */ 2809306 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36: (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] bnm76rcj9qq9o6gkucwynyag1j48xxq 2809310 2809306 2026-05-14T21:19:55Z 雅典娜241 3071373 2809310 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36: (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] nd3avcj99n2dqpg0d0upwhggqoodb9q 2809313 2809310 2026-05-14T21:22:24Z 雅典娜241 3071373 2809313 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36: (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] f62jzkrjn96yglsn3g4p4z2iifxirrb 2809314 2809313 2026-05-14T21:24:37Z 雅典娜241 3071373 2809314 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36: (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] 374lwcogfh1om4b8qwgh27gq07lqj14 2809315 2809314 2026-05-14T21:27:54Z 雅典娜241 3071373 /* Results */ 2809315 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the symbols 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] d17xvivov2zfphvaet9xyu34xr6hf7h 2809316 2809315 2026-05-14T21:28:27Z 雅典娜241 3071373 /* Results */ 2809316 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the symbols 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] b1z8925c0a9c242c7rqc525t9my1h55 2809317 2809316 2026-05-14T21:29:07Z 雅典娜241 3071373 2809317 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of"), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] t3hiv589w4e2t81f7syrg7qk95voa56 2809318 2809317 2026-05-14T21:31:41Z 雅典娜241 3071373 2809318 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] tro61qewecso2p0ua6um25j07lf8bby 2809320 2809318 2026-05-14T21:34:54Z 雅典娜241 3071373 2809320 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b'', in fact, Athena problem base ''b'' covers the Sierpiński problem ''b'' and the Riesel problem base ''b'' with ''k'' < ''b'', i.e. finding the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (or prove such prime does not exist) with ''k'' < ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] 4l4cyuz47kt4rle1x54ctmt3kfbp3je 2809322 2809320 2026-05-14T21:37:08Z 雅典娜241 3071373 2809322 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''). == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b'', in fact, Athena problem in base ''b'' covers the Sierpiński problem in base ''b'' and the Riesel problem in base ''b'' with ''k'' < ''b'', i.e. finding the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (or prove such prime does not exist) with ''k'' < ''b'', since the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (if exists) must be a minimal element in base ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] 8kqud18f8kwo67e0iuzt0l31aqo9orz 2809415 2809322 2026-05-15T02:20:59Z 雅典娜241 3071373 2809415 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''), all of these 771 families have no primes or probable primes with length ≤ 100000. == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b'', in fact, Athena problem in base ''b'' covers the Sierpiński problem in base ''b'' and the Riesel problem in base ''b'' with ''k'' < ''b'', i.e. finding the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (or prove such prime does not exist) with ''k'' < ''b'', since the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (if exists) must be a minimal element in base ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] 6kd4oads31gywsevvocbhw1yfkj0n96 2809416 2809415 2026-05-15T02:21:45Z 雅典娜241 3071373 2809416 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), for a given natural number ''b'' > 1. (You can write this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''), all of these 771 families contain no primes or probable primes with length ≤ 100000. == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b'', in fact, Athena problem in base ''b'' covers the Sierpiński problem in base ''b'' and the Riesel problem in base ''b'' with ''k'' < ''b'', i.e. finding the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (or prove such prime does not exist) with ''k'' < ''b'', since the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (if exists) must be a minimal element in base ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] il7ho7zbmlwy075rutsy6n0834hdgv8 2809422 2809416 2026-05-15T03:15:38Z 雅典娜241 3071373 2809422 wikitext text/x-wiki '''Athena problem''' is an [[:w:List of unsolved problems in mathematics|unsolved problem]] in [[:w:Number theory|number theory]] and [[:w:Formal language theory|formal language theory]] and [[:w:Order theory|order theory]], this problem is named after the ancient Greek goddess [[:w:Athena|Athena]] (which is associated with [[:w:Wisdom|wisdom]]). Athena problem is: Give a [[:w:Natural number|natural number]] ''b'' > 1, find the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the set of the "[[:w:Prime number|prime number]] [[:w:Greater than|>]] ''b''" [[:w:Numerical digit|digit]] [[:w:String (computer science)|string]]s in the [[:w:Positional numeral system|positional numeral system]] with [[:w:Radix|base]] ''b'' for the [[:w:Subsequence|subsequence]] [[:w:Partially ordered set|ordering]]. (A string ''x'' is a subsequence of another string ''y'', if ''x'' can be obtained from ''y'' by deleting zero or more of the [[:w:Character (computing)|character]]s in ''y''. For example, 514 is a subsequence of 352148, "string" is a subsequence of "meistersinger". In contrast, 758 is not a subsequence of 378259, "abc" is not a subsequence of "cbacacba", since the characters must be in the same order) Using [[:w:Formal language theory|formal language theory]] terminology, Athena problem is finding the [[:w:Set (mathematics)|set]] of the [[:w:Minimal element|minimal element]]s of the [[:w:Formal language|language]] of base-''b'' [[:w:Representation (mathematics)|representation]]s of the [[:w:Prime number|prime number]]s [[:w:Greater than|>]] ''b'' (which is a set of [[:w:String (computer science)|string]]s of [[:w:Symbol|symbol]]s over the [[:w:Alphabet (formal languages)|alphabet]] ''Σ''<sub>''b''</sub> := {0, 1, ..., ''b''−1}), under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), for a given natural number ''b'' > 1. (You can draw this ordering as [[:w:Hasse diagram|Hasse diagram]] to find all [[:w:Minimal element|minimal element]]s) By [[:w:Higman's lemma|Higman's lemma]], there are no [[:w:Infinite set|infinite]] [[:w:Antichain|antichain]]s for the subsequence ordering (i.e. the subsequence ordering is always a [[:w:Well-quasi-ordering|well quasi order]]) (i.e. under the subsequence ordering (i.e. the [[:w:Binary relation|binary relation]] "is a subsequence of", which is a [[:w:Partially ordered set|partial ordering]]), every set of pairwise incomparable (i.e. not [[:w:Comparability|comparable]]) strings is finite), thus there must be only finitely many such minimal elements. In other words, the set of such minimal elements must be a [[:w:Finite set|finite set]], e.g. in [[:w:Decimal|decimal]] (base ''b'' = 10), this set has exactly 77 [[:w:Element of a set|element]]s: {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027}. For bases 2 ≤ ''b'' ≤ 36, Athena problem is fully solved in bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 18, 20, 24, and also solved in bases ''b'' = 11, 13, 16, 22, 30 if [[:w:Probable prime|probable prime]]s are allowed. For the unsolved bases ''b'' = 17, 19, 21, 23, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, Athena problem is solved (if probable primes are allowed) except 771 [[:w:Indexed family|families]] of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be [[:w:Empty string|empty]]) of digits in base ''b'', ''y'' is a digit in base ''b''), all of these 771 families contain no primes or probable primes with length ≤ 100000. == Results == These are the results of the Athena problem in bases 2 ≤ ''b'' ≤ 36 (we stop at base 36 since this base is the maximum base for which it is possible to write the numbers with the [[:w:Symbol|symbol]]s 0, 1, 2, ..., 9 and A, B, C, ..., Z (i.e. the 10 [[:w:Arabic numerals|Arabic numerals]] and the 26 [[:w:ISO basic Latin alphabet|Latin letters]]): (some large primes are only probable primes, i.e. not definitely primes, since they are too large to be [[:w:Elliptic curve primality|ECPP proved]] and [[:w:Pocklington primality test#Extensions and variants|neither ''N''−1 nor ''N''+1 can be ≥ 1/3 factored]], all of them pass the [[:w:Baillie–PSW primality test|Baillie–PSW primality test]] and the [[:w:Strong pseudoprime|strong primality test]] (i.e. the [[:w:Miller–Rabin primality test|Miller–Rabin primality test]]) with all prime bases ''p'' ≤ 61, however, all primes < 10<sup>25000</sup> for bases ''b'' = 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 22, 24, 26, 28, 30, 36 are definitely primes, most of them > 10<sup>299</sup> are proven primes with [[:w:Elliptic curve primality|ECPP proving]], others > 10<sup>299</sup> are proven primes with [[:w:Pocklington primality test#Extensions and variants|''N''−1 or ''N''+1 proving]]) To solve the Athena problem for a given base ''b'', we must [[:w:Computing|compute]] the element up to families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b'') (we call such families ''linear families''), and find the smallest prime > ''b'' in all such families. Shrinking the family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') * If ''y'' ∈ ''Y'' and the string ''xyyz'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''}''z'' ∪ ''x''{''Y'' \ ''y''}''y''{''Y'' \ ''y''}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and the string ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' represents a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or has a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}{''Y'' \ ''y''<sub>2</sub>}''z''. * If ''y''<sub>1</sub> ∈ ''Y'' and ''y''<sub>2</sub> ∈ ''Y'' and ''y''<sub>1</sub> ≠ ''y''<sub>2</sub> and both the strings ''xy''<sub>1</sub>''y''<sub>2</sub>''z'' and ''xy''<sub>2</sub>''y''<sub>1</sub>''z'' represent a prime > ''b'' in base ''b'' (in this case, add this prime to the list) or have a subsequence which represents a prime > ''b'' in base ''b'', then ''x''{''Y''}''z'' can be replaced with ''x''{''Y'' \ ''y''<sub>1</sub>}''z'' ∪ ''x''{''Y'' \ ''y''<sub>2</sub>}''z''. e.g. in decimal (base ''b'' = 10): * 2221 is a prime > 10, thus the family 2{0,2}1 splits into the two families 2{0}1 and 2{0}2{0}1. * 227 is a prime > 10, and it is a subsequence of 5227, thus the family 5{0,2}7 splits into the two families 5{0}7 and 5{0}2{0}7. * 449 is a prime > 10, and it is a subsequence of 6449, thus the family 6{0,3,4,6,9}9 splits into the two families 6{0,3,6,9}9 and 6{0,3,6,9}4{0,3,6,9}9. * Both 5051 and 5501 are primes > 10, thus the family 5{0,5}1 splits into the two families 5{0}1 and 5{5}1 = {5}1. * 8501 is a prime > 10, thus the family 8{0,5}1 splits into the family 8{0}{5}1. * 887 is a prime > 10, and it is a subsequence of 2887, also 2087 is a prime > 10, thus the family 2{0,8}7 splits into the two families 2{0}7 and 28{0}7. * 349 and 449 are primes > 10, and they are subsequences of 9349 and 9449, respectively, also 9049, 9649, 9949 are primes > 10, thus the family 9{0,3,4,6,9}9 splits into the two families 9{0,3,6,9}9 and 94{0,3,6,9}9. * 251, 281, 521, 821, 881 are primes > 10, and they are subsequences of 9251, 9281, 9521, 9821, 9881, respectively, also 9001, 9221, 9551, 9851 are primes > 10, thus the family 9{0,2,5,8}1 splits into the numbers {91, 901, 921, 951, 981, 9021, 9051, 9081, 9201, 9501, 9581, 9801, 90581, 95081, 95801}. If the methods we have discussed cannot be used to rule out or shrink ''x''{''Y''}''z'' where ''Y'' = {''y''<sub>1</sub>, ''y''<sub>2</sub>, ..., ''y''<sub>''n''</sub>}, then we can replace ''x''{''Y''}''z'' by ''xy''<sub>1</sub>{''Y''}''z'' ∪ ''xy''<sub>2</sub>{''Y''}''z'' ∪ ... ∪ ''xy''<sub>''n''</sub>{''Y''}''z'' and re-run the methods on this new language. If all remain families are linear families (i.e. of the form ''x''{''y''}''z'', where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''), then we search the smallest (probable) primes in these families and add these primes to the list. e.g. in decimal (base ''b'' = 10): * The smallest prime in the family 5{0}27 is 5000000000000000000000000000027. * The smallest prime in the family {5}1 is 555555555551. * The smallest prime in the family 8{5}1 is 8555555555555555555551, but 8555555555555555555551 is not a minimal element since 555555555551 is a subsequence of 8555555555555555555551. There is no guarantee that the techniques discussed will ever terminate, but in practice they often do. They are able to determine the set of the minimal elements in base ''b'' for 2 ≤ ''b'' ≤ 16 and ''b'' = 18, 20, 22, 24, 30. The bases ''b'' = 17, 19, 21, 23, 25 ≤ ''b'' ≤ 29, 31 ≤ ''b'' ≤ 36 are solved with the exception of 771 families of the form ''x''{''y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''y'' is a digit in base ''b''). The following is a "[[:w:Semi-algorithm|semi-algorithm]]" that is guaranteed to solve the Athena problem for a given base ''b'', but it is not so easy to implement: # ''M'' = ''[[:w:Empty string|∅]]'' # while (''L'' ≠ ''∅'') do # choose ''x'', a shortest string in ''L'' # ''M'' := ''M'' ∪ {''x''} # ''L'' := ''L'' − ''sup''({''x''}) In practice, for arbitrary ''L'', we cannot feasibly carry out step 5. Instead, we work with ''L''&#39;, some regular overapproximation to ''L'', until we can show ''L''&#39; = ''∅'' (which implies ''L'' = ''∅''). In practice, ''L''&#39; is usually chosen to be a finite [[:w:Union (set theory)|union]] of sets of the form ''L''<sub>1</sub>{''L''<sub>2</sub>}''L''<sub>3</sub>, where each of ''L''<sub>1</sub>, ''L''<sub>2</sub>, ''L''<sub>3</sub> is finite. In the case we consider in this project, we then have to determine whether such a family contains a prime or not. Thus, Athena problem in bases ''b'' around 500 may be [[:w:NP-complete|NP-complete]] or [[:w:NP-hard|NP-hard]], or an [[:w:Undecidable problem|undecidable problem]], or an example of [[:w:Gödel's incompleteness theorems|Gödel's incompleteness theorems]] (like the [[:w:Continuum hypothesis|continuum hypothesis]] and the [[:w:Halting problem|halting problem]]). To solve the Athena problem, we need to determine whether a given family contains a prime. In practice, if family ''x''{''Y''}''z'' (where ''x'' and ''z'' are strings (may be empty) of digits in base ''b'', ''Y'' is a set of digits in base ''b'') could not be ruled out as only containing composites and ''Y'' contains two or more digits, then a relatively small prime > ''b'' could always be found in this family. Intuitively, this is because there are a large number of small strings in such a family, and at least one is likely to be prime (e.g. there are 2<sup>''n''−2</sup> strings of length ''n'' in the family 1{3,7}9, and there are over a thousand strings of length 12 in the family 1{3,7}9, thus it is very impossible that these numbers are all composite). In the case ''Y'' contains only one digit, this family is of the form ''x''{''y''}''z'', and there is only a single string of each length > (the length of ''x'' + the length of ''z''), and it is not known if the following [[:w:Decision problem|decision problem]] is recursively solvable (just like [[:w:Sierpiński number|Sierpiński problem]] and [[:w:Riesel number|Riesel problem]], Sierpiński problem and Riesel problem can be generalized to other bases ''b'', in fact, Athena problem in base ''b'' covers the Sierpiński problem in base ''b'' and the Riesel problem in base ''b'' with ''k'' < ''b'', i.e. finding the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (or prove such prime does not exist) with ''k'' < ''b'', since the smallest prime of the form ''k''×''b''<sup>''n''</sup>+1 and ''k''×''b''<sup>''n''</sup>−1 (if exists) must be a minimal element in base ''b''): Problem: Given strings ''x'', ''z'' (may be empty), a digit ''y'', and a base ''b'' (''x'' does not [[:w:Leading zero|start with the digit 0]], ''z'' ends with a digit which [[:w:Coprime integers|coprime]] to ''b'', ''y'' is not 0 if ''x'' is empty, ''y'' is coprime to ''b'' if ''z'' is empty), does there exist a prime number whose base-''b'' expansion is of the form ''xy''<sub>''n''</sub>''z'' for some ''n'' ≥ 0? Some families can be ruled out to contain no prime > ''b'' by [[:w:Covering set|covering congruence]], [[:w:Factorization of polynomials|algebraic factorization]] (e.g. [[:w:Difference of two squares|difference of two squares]], [[:w:Sum of two cubes|sum of two cubes]], [[:w:Sophie Germain's identity|Sophie Germain's identity of ''x''<sup>4</sup>+4×''y''<sup>4</sup>]]), or combine of them, e.g. * The base 9 family 2{7}: Always divisible by 2 or 5 * The base 16 family {8}F: Always divisible by 3, 7, or 13 * The base 21 family {7}D: Always divisible by 2, 13, or 17 * The base 23 family {D}GA: Always divisible by 2, 5, 7, 37, or 79 * The base 9 family 3{8}: Can be written as 4×9<sup>''n''</sup>−1 and can be factored as (2×3<sup>''n''</sup>−1) × (2×3<sup>''n''</sup>+1) * The base 8 family 1{0}1: Can be written as 8<sup>''n''</sup>+1 and can be factored as (2<sup>''n''</sup>+1) × (4<sup>''n''</sup>−2<sup>''n''</sup>+1) * The base 16 family {4}1: Can be written as (4×16<sup>''n''</sup>−49)/15 and can be factored as (2×3<sup>''n''</sup>−7) × (2×3<sup>''n''</sup>+7) / 15 * The base 16 family {C}D: Can be written as (4×16<sup>''n''</sup>+1)/5 and can be factored as (2×4<sup>''n''</sup>−2×2<sup>''n''</sup>+1) × (2×4<sup>''n''</sup>+2×2<sup>''n''</sup>+1) / 5 * The base 14 family 8{D}: Can be written as 9×14<sup>''n''</sup>−1, it is divisible by 5 if ''n'' is odd and can be factored as (3×14<sup>''n''/2</sup>−1) × (3×14<sup>''n''/2</sup>+1) if ''n'' is even * The base 12 family {B}9B: Can be written as 12<sup>''n''</sup>−25, it is divisible by 13 if ''n'' is odd and can be factored as (12<sup>''n''/2</sup>−5) × (12<sup>''n''/2</sup>+5) if ''n'' is even * The base 17 family 1{9}: Can be written as (25×17<sup>''n''</sup>−9)/16, it is divisible by 2 if ''n'' is odd and can be factored as (5×17<sup>''n''/2</sup>−3) × (5×17<sup>''n''/2</sup>+3) / 16 if ''n'' is even * The base 19 family 1{6}: Can be written as (4×19<sup>''n''</sup>−1)/3, it is divisible by 5 if ''n'' is odd and can be factored as (2×19<sup>''n''/2</sup>−1) × (2×19<sup>''n''/2</sup>+1) / 3 if ''n'' is even By the [[:w:Prime number theorem|prime number theorem]], the [[:w:Probability|chance]] that a [[:w:Random number|random]] ''n''-digit base ''b'' number is prime is [[:w:Asymptotic analysis|approximately]] 1/''n'' (more accurately, the chance is approximately 1/(''n''×''ln''(''b'')), where ''ln'' is the [[:w:Natural logarithm|natural logarithm]]). If one conjectures the numbers ''x''{''d''}''y'' behave similarly (i.e. the numbers ''x''{''d''}''y'' is a [[:w:Pseudorandomness|pseudorandom sequence]]) you would expect [[:w:Harmonic_series (mathematics)|1/1 + 1/2 + 1/3 + 1/4 + ... = ∞]] primes of the form ''x''{''d''}''y'' (of course, this does not always happen, since some ''x''{''d''}''y'' families can be ruled out to contain no prime > ''b'' (by covering congruence, algebraic factorization, or combine of them), but it is at least a reasonable conjecture in the absence of evidence to the contrary. Hence, the [[:w:Heuristic argument|heuristic argument]] suggests there are always infinitely many primes in family ''x''{''d''}''y'' (where ''x'' and ''y'' are strings with alphabet ''Σ''<sub>''b''</sub> = {0, 1, 2, ..., ''b''−1}, ''d'' is a base-''b'' digit (i.e. an element in {0, 1, 2, ..., ''b''−1}) if it cannot be ruled out to contain no prime or only contain finitely many primes, by covering congruence, algebraic factorization, or combine of them. However, some families ''x''{''d''}''y'' could not be proven to contain no primes > ''b'' (by covering congruence, algebraic factorization, or combine of them) but no primes > ''b'' could be found in the family, even after searching through numbers with over 100000 digits, e.g. the smallest (probable) prime in the family A{3}A in base ''b'' = 13 is A3<sub>592197</sub>A, which written in decimal contains 659677 digits (it is only probable prime, i.e. not definitely prime). All numbers are written in base ''b'', [[:w:Senary#Base 36 as senary compression|using A to Z to represent digit values 10 to 35]], "{}" means repeating, e.g. family 12{3}45 means the sequence {1245, 12345, 123345, 1233345, 12333345, 123333345, ...} (where the members are expressed as base ''b'' strings), subscripts are used to indicate repetitions of digits, e.g. 123<sub>4</sub>567 means 123333567 (all subscripts are written in decimal). Base 2: 1 prime (the largest of which has 2 digits): {11} Base 3: 3 primes (the largest of which has 3 digits): {12, 21, 111} Base 4: 5 primes (the largest of which has 3 digits): {11, 13, 23, 31, 221} Base 5: 22 primes (the largest of which has 96 digits): {12, 21, 23, 32, 34, 43, 104, 111, 131, 133, 313, 401, 414, 3101, 10103, 14444, 30301, 33001, 33331, 44441, 300031, 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000013} Base 6: 11 primes (the largest of which has 5 digits): {11, 15, 21, 25, 31, 35, 45, 51, 4401, 4441, 40041} Base 7: 71 primes (the largest of which has 17 digits): {14, 16, 23, 25, 32, 41, 43, 52, 56, 61, 65, 113, 115, 131, 133, 155, 212, 221, 304, 313, 335, 344, 346, 364, 445, 515, 533, 535, 544, 551, 553, 1022, 1051, 1112, 1202, 1211, 1222, 2111, 3031, 3055, 3334, 3503, 3505, 3545, 4504, 4555, 5011, 5455, 5545, 5554, 6034, 6634, 11111, 11201, 30011, 30101, 31001, 31111, 33001, 33311, 35555, 40054, 100121, 150001, 300053, 351101, 531101, 1100021, 33333301, 5100000001, 33333333333333331} Base 8: 75 primes (the largest of which has 221 digits): {13, 15, 21, 23, 27, 35, 37, 45, 51, 53, 57, 65, 73, 75, 107, 111, 117, 141, 147, 161, 177, 225, 255, 301, 343, 361, 401, 407, 417, 431, 433, 463, 467, 471, 631, 643, 661, 667, 701, 711, 717, 747, 767, 3331, 3411, 4043, 4443, 4611, 5205, 6007, 6101, 6441, 6477, 6707, 6777, 7461, 7641, 47777, 60171, 60411, 60741, 444641, 500025, 505525, 3344441, 4444477, 5500525, 5550525, 55555025, 444444441, 744444441, 77774444441, 7777777777771, 555555555555525, 44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444447} Base 9: 151 primes (the largest of which has 1161 digits): {12, 14, 18, 21, 25, 32, 34, 41, 45, 47, 52, 58, 65, 67, 74, 78, 81, 87, 117, 131, 135, 151, 155, 175, 177, 238, 272, 308, 315, 331, 337, 355, 371, 375, 377, 438, 504, 515, 517, 531, 537, 557, 564, 601, 638, 661, 702, 711, 722, 735, 737, 751, 755, 757, 771, 805, 838, 1011, 1015, 1101, 1701, 2027, 2207, 3017, 3057, 3101, 3501, 3561, 3611, 3688, 3868, 5035, 5051, 5071, 5101, 5501, 5554, 5705, 5707, 7017, 7075, 7105, 7301, 8535, 8544, 8555, 8854, 20777, 22227, 22777, 30161, 33388, 50161, 50611, 53335, 55111, 55535, 55551, 57061, 57775, 70631, 71007, 77207, 100037, 100071, 100761, 105007, 270707, 301111, 305111, 333035, 333385, 333835, 338885, 350007, 500075, 530005, 555611, 631111, 720707, 2770007, 3030335, 7776662, 30300005, 30333335, 38333335, 51116111, 70000361, 300030005, 300033305, 351111111, 1300000007, 5161111111, 8333333335, 300000000035, 311111111161, 544444444444, 2000000000007, 5700000000001, 7270000000007, 88888888833335, 100000000000507, 5111111111111161, 7277777777777777707, 8888888888888888888335, 30000000000000000000051, 1000000000000000000000000057, 56111111111111111111111111111111111111, 7666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666662, 27777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777777707, 300000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011} Base 10: 77 primes (the largest of which has 31 digits): {11, 13, 17, 19, 23, 29, 31, 37, 41, 43, 47, 53, 59, 61, 67, 71, 73, 79, 83, 89, 97, 227, 251, 257, 277, 281, 349, 409, 449, 499, 521, 557, 577, 587, 727, 757, 787, 821, 827, 857, 877, 881, 887, 991, 2087, 2221, 5051, 5081, 5501, 5581, 5801, 5851, 6469, 6949, 8501, 9001, 9049, 9221, 9551, 9649, 9851, 9949, 20021, 20201, 50207, 60649, 80051, 666649, 946669, 5200007, 22000001, 60000049, 66000049, 66600049, 80555551, 555555555551, 5000000000000000000000000000027} Base 11: 1068 primes (including 1 unproven probable prime: 57<sub>62668</sub>), the largest of which has 62669 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel11 Data of Athena problem base 11] Base 12: 106 primes (the largest of which has 42 digits): {11, 15, 17, 1B, 25, 27, 31, 35, 37, 3B, 45, 4B, 51, 57, 5B, 61, 67, 6B, 75, 81, 85, 87, 8B, 91, 95, A7, AB, B5, B7, 221, 241, 2A1, 2B1, 2BB, 401, 421, 447, 471, 497, 565, 655, 665, 701, 70B, 721, 747, 771, 77B, 797, 7A1, 7BB, 907, 90B, 9BB, A41, B21, B2B, 2001, 200B, 202B, 222B, 229B, 292B, 299B, 4441, 4707, 4777, 6A05, 6AA5, 729B, 7441, 7B41, 929B, 9777, 992B, 9947, 997B, 9997, A0A1, A201, A605, A6A5, AA65, B001, B0B1, BB01, BB41, 600A5, 7999B, 9999B, AAAA1, B04A1, B0B9B, BAA01, BAAA1, BB09B, BBBB1, 44AAA1, A00065, BBBAA1, AAA0001, B00099B, AA000001, BBBBBB99B, B0000000000000000000000000009B, 400000000000000000000000000000000000000077} Base 13: 3197 primes (including 4 unproven probable primes: C5<sub>23755</sub>C, 80<sub>32017</sub>111, 95<sub>197420</sub>, A3<sub>592197</sub>A), the largest of which has 592199 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel13 Data of Athena problem base 13] Base 14: 650 primes, the largest of which has 19699 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel14 Data of Athena problem base 14] Base 15: 1284 primes, the largest of which has 157 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel15 Data of Athena problem base 15] Base 16: 2347 primes (including 3 unproven probable primes: DB<sub>32234</sub>, 4<sub>72785</sub>DD, 3<sub>116137</sub>AF), the largest of which has 116139 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel16 Data of Athena problem base 16] Base 17: 10415 known primes (including many unproven probable primes) and 12 unsolved families (1{7}, 1F{0}7, 4{7}A, 70F{0}D, 8{B}9, 9{5}9, A{D}F, B{0}B3, {B}E9, {B}EE, F1{9}, FD0{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel17 Data of Athena problem base 17] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left17 Data of unsolved families for base 17] Base 18: 549 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel18 Data of Athena problem base 18] Base 19: 31417 known primes (including many unproven probable primes) and 17 unsolved families (4B5{0}H, {5}3, 5{H}05, 5{H}0H, 5{H}5, 66{B}, 71{0}177, 7AF{0}H, 97{0}3, C{H}C, EE1{6}, F{7}5, F{B}G, F{D}F, H0F{0}7A, HB{0}5B5, II{D}, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel19 Data of Athena problem base 19] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left19 Data of unsolved families for base 19] Base 20: 3314 primes, the largest of which has 6271 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel20 Data of Athena problem base 20] Base 21: 13386 known primes (including many unproven probable primes) and 8 unsolved families (5{0}DJ, {9}D, B3{0}EB, B{H}6H, C{F}0K, {F}35, G{0}FK, H{0}7771, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel21 Data of Athena problem base 21] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left21 Data of unsolved families for base 21] Base 22: 8003 primes (including 1 unproven probable prime: BK<sub>22001</sub>5), the largest of which has 22003 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel22 Data of Athena problem base 22] Base 23: 65178 known primes (including many unproven probable primes) and 87 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel23 Data of Athena problem base 23] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left23 Data of unsolved families for base 23] Base 24: 3409 primes, the largest of which has 8134 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel24 Data of Athena problem base 24] Base 25: 133639 known primes (including many unproven probable primes) and 85 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel25 Data of Athena problem base 25] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left25 Data of unsolved families for base 25] Base 26: 25256 known primes (including 7 unproven probable primes: 5<sub>19391</sub>6F, 7<sub>20279</sub>OL, LD0<sub>20975</sub>7, 6K<sub>23300</sub>5, J0<sub>44303</sub>KCB, M0<sub>61186</sub>2BB, 85M<sub>197060</sub>B) and 3 unsolved families ({A}6F, {H}MH, {I}GL, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel26 Data of Athena problem base 26] Base 27: 102852 known primes (including many unproven probable primes) and 44 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel27 Data of Athena problem base 27] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left27 Data of unsolved families for base 27] Base 28: 25528 known primes (including 3 unproven probable primes: N6<sub>24051</sub>LR, 5OA<sub>31238</sub>F, O4O<sub>94535</sub>9) and 1 unsolved family (O{A}F, no primes or probable primes with length ≤ 709070, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel28 Data of Athena problem base 28] Base 29: 355242 known primes (including many unproven probable primes) and 125 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel29 Data of Athena problem base 29] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left29 Data of unsolved families for base 29] Base 30: 2619 primes (including 1 unproven probable prime: I0<sub>24608</sub>D), the largest of which has 34206 digits, see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel30 Data of Athena problem base 30] Base 31: 569323 known primes (including many unproven probable primes) and 77 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel31 Data of Athena problem base 31] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left31 Data of unsolved families for base 31] Base 32: 168882 known primes (including many unproven probable primes) and 120 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel32 Data of Athena problem base 32] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left32 Data of unsolved families for base 32] Base 33: 280012 known primes (including many unproven probable primes) and 81 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel33 Data of Athena problem base 33] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left33 Data of unsolved families for base 33] Base 34: 184785 known primes (including many unproven probable primes) and 47 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel34 Data of Athena problem base 34] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left34 Data of unsolved families for base 34] Base 35: 720002 known primes (including many unproven probable primes) and 60 unsolved families (no primes or probable primes with length ≤ 100000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel35 Data of Athena problem base 35] and [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/left35 Data of unsolved families for base 35] Base 36: 35286 known primes (including 3 unproven probable primes: 7K<sub>26567</sub>Z, S0<sub>75007</sub>8H, P<sub>81993</sub>SZ) and 4 unsolved families (B{0}EUV, HM{0}N, N{0}YYN, O{L}Z, no primes or probable primes with length ≤ 200000, nor can be proven to only contain composites), see [https://raw.githubusercontent.com/xayahrainie4793/minimal-elements-of-the-prime-numbers/main/kernel36 Data of Athena problem base 36] == The fully proof of Athena problem in decimal (base ''b'' = 10) == '''Bold''' for the minimal elements, ''x'' ◁ ''y'' means ''x'' is a subsequence of ''y''. Assume ''p'' is a prime > 10, and the last digit of ''p'' must lie in {1,3,7,9}. Case 1: ''p'' ends with 1. In this case we can write ''p'' = ''x''1. If ''x'' contains 1, 3, 4, 6, or 7, then (respectively) '''11''' ◁ ''p'', '''31''' ◁ ''p'', '''41''' ◁ ''p'', '''61''' ◁ ''p'', or '''71''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 8, or 9. Case 1.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''1. If 5 ◁ ''y'', then '''251''' ◁ ''p''. If 8 ◁ ''y'', then '''281''' ◁ ''p''. If 9 ◁ ''y'', then 29 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then '''2221''' ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 2{0}1. But then, since the sum of the digits of ''p'' is 3, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 2''z''2''w''1, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''20201''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 22{0}1, and the smallest prime ''p'' ∈ 22{0}1 is '''22000001'''. If ''w'' is empty, then ''p'' ∈ 2{0}21, and the smallest prime ''p'' ∈ 2{0}21 is '''20021'''. Case 1.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''1. If 2 ◁ ''y'', then '''521''' ◁ ''p''. If 9 ◁ ''y'', then 59 ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 5, or 8. If 05 ◁ ''y'', then '''5051''' ◁ ''p''. If 08 ◁ ''y'', then '''5081''' ◁ ''p''. If 50 ◁ ''y'', then '''5501''' ◁ ''p''. If 58 ◁ ''y'', then '''5581''' ◁ ''p''. If 80 ◁ ''y'', then '''5801''' ◁ ''p''. If 85 ◁ ''y'', then '''5851''' ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ {5} ∪ {8}. If ''y'' ∈ {0}, then ''p'' ∈ 5{0}1. But then, since the sum of the digits of ''p'' is 6, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' ∈ {5}, then ''p'' ∈ 5{5}1, and the smallest prime ''p'' ∈ 5{5}1 is '''555555555551'''. If ''y'' ∈ {8}, since if 88 ◁ ''y'', then 881 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'',8}, and thus ''p'' ∈ {51,581}, but 51 and 581 are both composite. Case 1.3: ''p'' begins with 8. In this case we can write p = 8''y''1. If 2 ◁ ''y'', then '''821''' ◁ ''p''. If 8 ◁ ''y'', then '''881''' ◁ ''p''. If 9 ◁ ''y'', then 89 ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 5. If 50 ◁ ''y'', then '''8501''' ◁ ''p''. Hence we may assume y ∈ {0}{5}. If 005 ◁ ''y'', then '''80051''' ◁ p. Hence we may assume y ∈ {0} ∪ {5} ∪ 0{5}. If y ∈ {0}, then ''p'' ∈ 8{0}1. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ {5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {''𝜆'', 5, 55, 555, 5555, 55555, 555555, 5555555, 55555555, 555555555, 5555555555}, and thus ''p'' ∈ {81, 851, 8551, 85551, 855551, 8555551, 85555551, 855555551, 8555555551, 85555555551, 855555555551}, but all of these numbers are composite. If y ∈ 0{5}, since if 55555555555 ◁ ''y'', then 555555555551 ◁ ''p'', hence we may assume ''y'' ∈ {0, 05, 055, 0555, 05555, 055555, 0555555, 05555555, 055555555, 0555555555, 05555555555}, and thus ''p'' ∈ {801, 8051, 80551, 805551, 8055551, 80555551, 805555551, 8055555551, 80555555551, 805555555551, 8055555555551}, and of these numbers only 80555551 and 8055555551 are primes, but 80555551 ◁ 8055555551, thus only '''80555551''' is a minimal element. Case 1.4: ''p'' begins with 9. In this case we can write p = 9''y''1. If 9 ◁ ''y'', then '''991''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0, 2, 5, or 8. If 00 ◁ ''y'', then '''9001''' ◁ ''p''. If 22 ◁ ''y'', then '''9221''' ◁ ''p''. If 55 ◁ ''y'', then '''9551''' ◁ ''p''. If 88 ◁ ''y'', then 881 ◁ ''p''. Hence we may assume ''y'' contains at most one 0, at most one 2, at most one 5, and at most one 8. If ''y'' only contains at most one 0 and does not contain any of {2,5,8}, then ''y'' ∈ {''𝜆'',0}, and thus ''p'' ∈ {91,901}, but 91 and 901 are both composite. If ''y'' only contains at most one 0 and only one of {2,5,8}, then the sum of the digits of ''p'' is divisible by 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume ''y'' contains at least two of {2,5,8}. If 25 ◁ ''y'', then 251 ◁ ''p''. If 28 ◁ ''y'', then 281 ◁ ''p''. If 52 ◁ ''y'', then 521 ◁ ''p''. If 82 ◁ ''y'', then 821 ◁ ''p''. Hence we may assume ''y'' contains no 2's (since if ''y'' contains 2, then ''y'' cannot contain either 5's or 8's, which is a contradiction). If 85 ◁ ''y'', then '''9851''' ◁ ''p''. Hence we may assume ''y'' ∈ {58,580,508,058}, and thus ''p'' ∈ {9581,95801,95081,90581}, and of these numbers only 95801 is prime, but 95801 is not a minimal element since 5801 ◁ 95801. Case 2: ''p'' ends with 3. In this case we can write p = ''x''3. If ''x'' contains 1, 2, 4, 5, 7, or 8, then (respectively) '''13''' ◁ ''p'', '''23''' ◁ ''p'', '''43''' ◁ ''p'', '''53''' ◁ ''p'', '''73''' ◁ ''p'', or '''83''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 3: ''p'' ends with 7. In this case we can write ''p'' = ''x''7. If ''x'' contains 1, 3, 4, 6, or 9, then (respectively) '''17''' ◁ ''p'', '''37''' ◁ ''p'', '''47''' ◁ ''p'', '''67''' ◁ ''p'', or '''97''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 2, 5, 7, or 8. Case 3.1: ''p'' begins with 2. In this case we can write ''p'' = 2''y''7. If 2 ◁ ''y'', then '''227''' ◁ ''p''. If 5 ◁ ''y'', then '''257''' ◁ ''p''. If 7 ◁ ''y'', then '''277''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 8. If 08 ◁ ''y'', then '''2087''' ◁ ''p''. If 88 ◁ ''y'', then 887 ◁ ''p''. Hence we may assume ''y'' ∈ {0} ∪ 8{0}. If ''y'' ∈ {0}, then ''p'' ∈ 2{0}7. But then, since the sum of the digits of ''p'' is 9, ''p'' is divisible by 3, so ''p'' cannot be prime. If y ∈ 8{0}, then ''p'' ∈ 28{0}7. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 40<sub>''n''</sub>1 = 280<sub>''n''</sub>7. Case 3.2: ''p'' begins with 5. In this case we can write ''p'' = 5''y''7. If 5 ◁ ''y'', then '''557''' ◁ ''p''. If 7 ◁ ''y'', then '''577''' ◁ ''p''. If 8 ◁ ''y'', then '''587''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 2. If 22 ◁ ''y'', then 227 ◁ ''p''. Hence we may assume ''y'' contains zero or one 2's. If ''y'' contains no 2's, then ''p'' ∈ 5{0}7. But then, since the sum of the digits of ''p'' is 12, ''p'' is divisible by 3, so ''p'' cannot be prime. If ''y'' contains exactly one 2, then we can write ''p'' = 5''z''2''w''7, where ''z'',''w'' ∈ {0}. If 0 ◁ ''z'' and 0 ◁ ''w'', then '''50207''' ◁ ''p''. Hence we may assume either ''z'' or ''w'' is empty. If ''z'' is empty, then ''p'' ∈ 52{0}7, and the smallest prime ''p'' ∈ 52{0}7 is '''5200007'''. If ''w'' is empty, then ''p'' ∈ 5{0}27, and the smallest prime ''p'' ∈ 5{0}27 is '''5000000000000000000000000000027'''. Case 3.3: ''p'' begins with 7. In this case we can write ''p'' = 7''y''7. If 2 ◁ ''y'', then '''727''' ◁ ''p''. If 5 ◁ ''y'', then '''757''' ◁ ''p''. If 8 ◁ ''y'', then '''787''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 7, and thus all digits of ''p'' are 0 or 7. But then, since the digits of ''p'' all have a common factor 7, ''p'' is divisible by 7, so ''p'' cannot be prime. Case 3.4: ''p'' begins with 8. In this case we can write ''p'' = 8''y''7. If 2 ◁ ''y'', then '''827''' ◁ ''p''. If 5 ◁ ''y'', then '''857''' ◁ ''p''. If 7 ◁ ''y'', then '''877''' ◁ ''p''. If 8 ◁ ''y'', then '''887''' ◁ ''p''. Hence we may assume ''y'' ∈ {0}, and thus ''p'' ∈ 8{0}7. But then, since the sum of the digits of ''p'' is 15, ''p'' is divisible by 3, so ''p'' cannot be prime. Case 4: ''p'' ends with 9. In this case we can write ''p'' = ''x''9. If ''x'' contains 1, 2, 5, 7, or 8, then (respectively) '''19''' ◁ ''p'', '''29''' ◁ ''p'', '''59''' ◁ ''p'', '''79''' ◁ ''p'', or '''89''' ◁ ''p''. Hence we may assume all digits of ''x'' are 0, 3, 4, 6, or 9. If 44 ◁ ''x'', then '''449''' ◁ ''p''. Hence we may assume ''x'' contains zero or one 4's. If x contains no 4's, then all digits of ''x'' are 0, 3, 6, or 9, and thus all digits of ''p'' are 0, 3, 6, or 9. But then, since the digits of ''p'' all have a common factor 3, ''p'' is divisible by 3, so ''p'' cannot be prime. Hence we may assume that ''x'' contains exactly one 4. Case 4.1: ''p'' begins with 3. In this case we can write ''p'' = 3''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. We must have '''349''' ◁ ''p''. Case 4.2: ''p'' begins with 4. In this case we can write ''p'' = 4''y''9, where all digits of ''y'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''409''' ◁ ''p''. If 3 ◁ ''y'', then 43 ◁ ''p''. If 9 ◁ ''y'', then '''499''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}, and thus ''p'' ∈ 4{6}9. But then ''p'' is divisible by 7, since for ''n'' ≥ 0 we have 7 × 6<sub>''n''</sub>7 = 46<sub>''n''</sub>9. Case 4.3: ''p'' begins with 6. In this case we can write p = 6''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 6 ◁ ''z'', then '''6469''' ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' is empty. If 3 ◁ ''y'', then 349 ◁ ''p''. If 9 ◁ ''y'', then '''6949''' ◁ ''p''. Hence we may assume all digits of ''y'' are 0 or 6. If 06 ◁ ''y'', then '''60649''' ◁ ''p''. Hence we may assume ''y'' ∈ {6}{0}. If 666 ◁ ''y'', then '''666649''' ◁ ''p''. If 00000 ◁ ''y'', then '''60000049''' ◁ ''p''. Hence we may assume ''y'' ∈ {''𝜆'', 0, 00, 000, 0000, 6, 60, 600, 6000, 60000, 66, 660, 6600, 66000, 660000}, and thus ''p'' ∈ {649, 6049, 60049, 600049, 6000049, 6649, 66049, 660049, 6600049, 66000049, 66649, 666049, 6660049, 66600049, 666000049}, and of these numbers only '''66000049''' and '''66600049''' are primes. Case 4.4: ''p'' begins with 9. In this case we can write p = 9''y''4''z''9, where all digits of ''y'', ''z'' are 0, 3, 6, or 9. If 0 ◁ ''y'', then '''9049''' ◁ ''p''. If 3 ◁ ''y'', then 349 ◁ ''p''. If 6 ◁ ''y'', then '''9649''' ◁ ''p''. If 9 ◁ ''y'', then '''9949''' ◁ ''p''. Hence we may assume ''y'' is empty. If 0 ◁ ''z'', then 409 ◁ ''p''. If 3 ◁ ''z'', then 43 ◁ ''p''. If 9 ◁ ''z'', then 499 ◁ ''p''. Hence we may assume ''z'' ∈ {6}, and thus ''p'' ∈ 94{6}9, and the smallest prime ''p'' ∈ 94{6}9 is 946669. [[Category:Number theory]] asmkq63ke9377923pnqfg8s5z062zy4 How women are centered and silenced in the major media 0 329549 2809186 2808660 2026-05-14T15:01:33Z DavidMCEddy 218607 communications > communication 2809186 wikitext text/x-wiki :''This discusses a 2026-05-14 interview with communication professor Allison Butler<ref name=Butler><!--Allison Butler-->{{cite Q|Q132918386}}</ref> about her new book on ''The Judgment of Gender: How Women Are Centered and Silenced in Pop Culture''.<ref>Butler (2026).</ref> A video and 29:00 mm:ss podcast excerpted from the interview will be added when available. The podcast will be released 2026-05-30 to the fortnightly "Media & Democracy" show<ref name=M&D><!--Media & Democracy-->{{cite Q|Q127839818}}</ref> syndicated for the [[w:Pacifica Foundation|Pacifica Radio]]<ref><!--Pacifica Radio Network-->{{cite Q|Q2045587}}</ref> Network of [[w:List of Pacifica Radio stations and affiliates|over 200 community radio stations]].''<ref><!--list of Pacifica Radio stations and affiliates-->{{cite Q|Q6593294}}</ref> :''It is posted here to invite others to contribute other perspectives, subject to the Wikimedia rules of [[w:Wikipedia:Neutral point of view|writing from a neutral point of view]] while [[w:Wikipedia:Citing sources|citing credible sources]]<ref name=NPOV>The rules of writing from a neutral point of view citing credible sources may not be enforced on other parts of Wikiversity. However, they can facilitate dialog between people with dramatically different beliefs</ref> and treating others with respect.''<ref name=AGF>[[Wikiversity:Assume good faith|Wikiversity asks contributors to assume good faith]], similar to Wikipedia. The rule in [[w:Wikinews|Wikinews]] is different: Contributors there are asked to [[Wikinews:Never assume|"Don't assume things; be skeptical about everything."]] That's wise. However, we should still treat others with respect while being skeptical.</ref> <!--[[File:2026-05-14 interview with Allison Butler regarding gender differences in major media.WebM|thumb|2026-05-14 interview with Allison Butler on how the major media center and silence women.]]--> <!--[[File:2026-05-14 interview with Allison Butler regarding gender differences in major media.ogg|thumb|29:00 mm:ss excerpts from a 2026-05-14 interview with Allison Butler on how the major media center and silence women.]]--> Communication professor Allison Butler<ref name=Butler/> discusses her new book, ''The Judgment of Gender: How Women Are Centered and Silenced in Pop Culture'' with Spencer Graves.<ref><!--Spencer Graves-->{{cite Q|Q56452480}}</ref> She compares how women like [[w:Britney Spears|Britney Spears]], [[w:Anita Hill|Anita Hill]], and [[w:Monica Lewinsky|Monica Lewinsky]] have been portrayed with the treatment of comparable males. She notes, for example, that, "in the years since the ''[[w:Dobbs v. Jackson Women's Health Organization|Dobbs]]'' (2022) decision, fully sentient female bodies have fewer legal rights than either fetuses or embryos.<ref>Butler (2026, p. 246). She continues, "Within one year of the ''Dobbs'' decision, the number of ''legal'' abortions increased by about 2 percent, and by 2024, legal abortions increased by another 1 percent." (p. 247).</ref> She asks, "Why aren't women allowed to be complicated?", documenting how men are allowed to abuse their power for personal gain, but women are more likely to be demonized for comparable offenses.<ref>Butler (2026, p. 250).</ref> Her recommendations<ref>Butler (2026, pp. 246ff),</ref> include critical media literacy,<ref>"Critical media literacy" is distinguished from "[[w:Media literacy|media literacy]]" that is not "critical" by its efforts "[[w:Media literacy#Power|to analyze and understand the power structures]] that shape media representations and the ways in which audiences" derive meaning from those representations. Accessed 2026-05-10.</ref> asking how stories are told, and who gets to tell them. "The vast majority of the mainstream media in the United States are approved, produced, and distributed by private, for-profit corporations whose primary priority is profit. ... Once we understand that, we can work to make a change. We can say 'no' to unfair or limiting stories of women and girls by simply ignoring them (and therefore not contributing to further views, clicks, or likes of them, online), and we can actively push back by demanding change from media producers. Media producers profit off our attention; if we shift that attention, we may be able to shift their power."<ref>Butler (2025, p. 256).</ref> Butler<ref name=Butler/> is a senior lecturer and associate chair of Communication and Director of the Media Literacy Certificate Program at the [[w:University of Massachusetts Amherst|University of Massachusetts Amherst]]. She is author or co-author of multiple books and articles on the need for and implementation of critical media literacy, including the following: * ''Educating media literacy: The need for critical media literacy in teacher education'' (Butler 2020), * ''Key scholarship in media literacy: David Buckingham'' (Butler 2021), * ''Critical media literacy and civic learning: Interactive explorations for students and teachers'' (Maloy et al. 2021), and * ''The media and media: A guide to critical media literacy for young people'' (Project Censored and The Media Revolution Collective 2022). She also has a 2024 book on ''Surveillance Education: Navigating the Conspicuous Absence of Privacy in Schools'' (Higdon and Butler 2024). == The need for media reform to improve democracy == This article is part of [[:category:Media reform to improve democracy]]. A summary of episodes to 2025-11-15 is available in [[Media & Democracy lessons for the future]]. ==Discussion == :''[Interested readers are invite to comment here, subject to the Wikimedia rules of [[w:Wikipedia:Neutral point of view|writing from a neutral point of view]] [[w:Wikipedia:Citing sources|citing credible sources]]<ref name=NPOV/> and treating others with respect.<ref name=AGF/>]'' == Notes == {{reflist}} == Bibliography == * <!--Allison T. Butler (2020) Educating Media Literacy: The Need for Critical Media Literacy in Teacher Education-->{{cite Q|Q139742576}} * <!--Allison T. Butler (2021) Key scholarship in media literacy: David Buckingham-->{{cite Q|Q139743119}} * <!--Allison T. Butler (2026-03-08) The Judgment of Gender: How Women Are Centered and Silenced in Pop Culture-->{{cite Q|Q139740356}} * <!--Nolan Higdon and Allison Butler (2024-08-02) Surveillance Education: Navigating the Conspicuous Absence of Privacy in Schools-->{{cite Q|Q139770479}} * <!--Robert W. Maloy, Torrey Trust, Allison Butler and Chenyang Xu (2021) Critical Media Literacy and Civic Learning: Interactive Explorations for Students and Teachers-->{{cite Q|Q139743214}} * <!--Project Censored and The Media Revolution Collective (2022) The media and me : a guide to critical media literacy for young people-->{{cite Q|Q138912399}} [[Category:Media]] [[Category:News]] [[Category:Democracy]] [[Category:Politics]] [[Category:Safety]] [[Category:Women's studies]] [[Category:Media literacy]] [[Category:Media reform to improve democracy]] <!--list of categories https://en.wikiversity.org/wiki/Wikiversity:Category_Review [[Wikiversity:Category Review]]--> 66829nwbmngl0843jhkpily3snner2p Wikiversity:Candidates for Bureaucratship/Koavf 4 329564 2809335 2808983 2026-05-14T21:52:39Z Codename Noreste 2969951 /* Questions */ addition: Pinging Koavf to my question. (-) ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809335 wikitext text/x-wiki === {{User|Koavf}} === Per the [https://en.wikiversity.org/w/index.php?title=Wikiversity:Request_custodian_action&oldid=2808455#Call_for_custodians_and_bureaucrats call] made by {{user|Jtneill}}, I am self-nominating for bureaucrat. I have had advanced user rights here for years and have been an bureaucrat on [[:oversight:]] and a CheckUser on [[:species:]], among other wikis where I am an admin/sysop. I would be happy to help here as needed. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:48, 12 May 2026 (UTC) ==== Questions ==== :Can you clarify what you mean with the [[oversight:]] red link? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:21, 12 May 2026 (UTC) :: Pinging [[User:Koavf|Koavf]] to my question. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:52, 14 May 2026 (UTC) ==== Comments ==== ==== Voting ==== * {{support}} Prolific contributor to Wikimedia projects, with extensive and well-respected administrative experience and proven willingness to help English Wikiversity. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 21:41, 12 May 2026 (UTC) * {{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:26, 13 May 2026 (UTC) [[Category:Nominations for Bureaucratship|Koavf]] 8wit09b4jiein9d0co2i6z2evkc7a68 2809349 2809335 2026-05-14T22:54:12Z Koavf 147 2809349 wikitext text/x-wiki === {{User|Koavf}} === Per the [https://en.wikiversity.org/w/index.php?title=Wikiversity:Request_custodian_action&oldid=2808455#Call_for_custodians_and_bureaucrats call] made by {{user|Jtneill}}, I am self-nominating for bureaucrat. I have had advanced user rights here for years and have been an bureaucrat on <del>[[:oversight:]]</del><ins>[[:outreach:]]</ins> and a CheckUser on [[:species:]], among other wikis where I am an admin/sysop. I would be happy to help here as needed. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:48, 12 May 2026 (UTC) ==== Questions ==== :Can you clarify what you mean with the [[oversight:]] red link? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:21, 12 May 2026 (UTC) :: Pinging [[User:Koavf|Koavf]] to my question. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:52, 14 May 2026 (UTC) :::Whoops. It was [[:outreach:]]. I'm also a bureaucrat on [[:s:mul:]]. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:54, 14 May 2026 (UTC) ==== Comments ==== ==== Voting ==== * {{support}} Prolific contributor to Wikimedia projects, with extensive and well-respected administrative experience and proven willingness to help English Wikiversity. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 21:41, 12 May 2026 (UTC) * {{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:26, 13 May 2026 (UTC) [[Category:Nominations for Bureaucratship|Koavf]] qjadkg0k12jvs66b6vw7e1hp4866c4x 2809353 2809349 2026-05-14T23:16:07Z Codename Noreste 2969951 /* Questions */ reply to Koavf: No problem, thank you for the clarification. (-) ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809353 wikitext text/x-wiki === {{User|Koavf}} === Per the [https://en.wikiversity.org/w/index.php?title=Wikiversity:Request_custodian_action&oldid=2808455#Call_for_custodians_and_bureaucrats call] made by {{user|Jtneill}}, I am self-nominating for bureaucrat. I have had advanced user rights here for years and have been an bureaucrat on <del>[[:oversight:]]</del><ins>[[:outreach:]]</ins> and a CheckUser on [[:species:]], among other wikis where I am an admin/sysop. I would be happy to help here as needed. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:48, 12 May 2026 (UTC) ==== Questions ==== :Can you clarify what you mean with the [[oversight:]] red link? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:21, 12 May 2026 (UTC) :: Pinging [[User:Koavf|Koavf]] to my question. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:52, 14 May 2026 (UTC) :::Whoops. It was [[:outreach:]]. I'm also a bureaucrat on [[:s:mul:]]. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:54, 14 May 2026 (UTC) :::: No problem, thank you for the clarification. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:16, 14 May 2026 (UTC) ==== Comments ==== ==== Voting ==== * {{support}} Prolific contributor to Wikimedia projects, with extensive and well-respected administrative experience and proven willingness to help English Wikiversity. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 21:41, 12 May 2026 (UTC) * {{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:26, 13 May 2026 (UTC) [[Category:Nominations for Bureaucratship|Koavf]] gb6808vwg9dqrr582hrui0b9aac6u0z 2809354 2809353 2026-05-14T23:16:20Z Codename Noreste 2969951 /* Voting */ reply: {{support}}. (-) ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809354 wikitext text/x-wiki === {{User|Koavf}} === Per the [https://en.wikiversity.org/w/index.php?title=Wikiversity:Request_custodian_action&oldid=2808455#Call_for_custodians_and_bureaucrats call] made by {{user|Jtneill}}, I am self-nominating for bureaucrat. I have had advanced user rights here for years and have been an bureaucrat on <del>[[:oversight:]]</del><ins>[[:outreach:]]</ins> and a CheckUser on [[:species:]], among other wikis where I am an admin/sysop. I would be happy to help here as needed. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:48, 12 May 2026 (UTC) ==== Questions ==== :Can you clarify what you mean with the [[oversight:]] red link? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:21, 12 May 2026 (UTC) :: Pinging [[User:Koavf|Koavf]] to my question. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:52, 14 May 2026 (UTC) :::Whoops. It was [[:outreach:]]. I'm also a bureaucrat on [[:s:mul:]]. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:54, 14 May 2026 (UTC) :::: No problem, thank you for the clarification. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:16, 14 May 2026 (UTC) ==== Comments ==== ==== Voting ==== * {{support}} Prolific contributor to Wikimedia projects, with extensive and well-respected administrative experience and proven willingness to help English Wikiversity. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 21:41, 12 May 2026 (UTC) * {{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:26, 13 May 2026 (UTC) [[Category:Nominations for Bureaucratship|Koavf]] * {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:16, 14 May 2026 (UTC) 7pozn9ahaktqa4jcgzw9e4k2xrx5hm8 2809360 2809354 2026-05-14T23:28:23Z PieWriter 3039865 2809360 wikitext text/x-wiki === {{User|Koavf}} === Per the [https://en.wikiversity.org/w/index.php?title=Wikiversity:Request_custodian_action&oldid=2808455#Call_for_custodians_and_bureaucrats call] made by {{user|Jtneill}}, I am self-nominating for bureaucrat. I have had advanced user rights here for years and have been an bureaucrat on <del>[[:oversight:]]</del><ins>[[:outreach:]]</ins> and a CheckUser on [[:species:]], among other wikis where I am an admin/sysop. I would be happy to help here as needed. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 06:48, 12 May 2026 (UTC) ==== Questions ==== :Can you clarify what you mean with the [[oversight:]] red link? [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:21, 12 May 2026 (UTC) :: Pinging [[User:Koavf|Koavf]] to my question. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:52, 14 May 2026 (UTC) :::Whoops. It was [[:outreach:]]. I'm also a bureaucrat on [[:s:mul:]]. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 22:54, 14 May 2026 (UTC) :::: No problem, thank you for the clarification. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:16, 14 May 2026 (UTC) ==== Comments ==== ==== Voting ==== * {{support}} Prolific contributor to Wikimedia projects, with extensive and well-respected administrative experience and proven willingness to help English Wikiversity. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 21:41, 12 May 2026 (UTC) * {{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:26, 13 May 2026 (UTC) * {{support}}. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 23:16, 14 May 2026 (UTC) [[Category:Nominations for Bureaucratship|Koavf]] k1kjm02zsidzno2z2x752a7fc5hig8m Template:Walsh permutation/sequences/styles.css 10 329565 2809187 2808499 2026-05-14T15:17:38Z Watchduck 137431 2809187 sanitized-css text/css table.sequences {text-align: center;} table.sequences td {padding: 4px 8px;} table.sequences tr.key th, table.sequences th.key {color: darkgray;} table.sequences td.val {font-weight: bold;} table.sequences td.border, table.sequences th.border {border-left: 2px solid darkgray;} table.sequences td.right {text-align: right;} table.sequences td.small {color: gray; font-size: 70%;} table.sequences td.dummy {background-color: white;} table.sequences span.base {border: 2px solid red; padding: 2px;} table.sequences span.fact {border: 2px solid green; padding: 2px;} 5sl6myb94rg8lkumrtl4haokkpm5ypy 2809199 2809187 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*/ table.sequences span.tria {padding: 2px; background-color: #ff99ff;} /* magenta */ table.sequences span.fact-two {padding: 2px; background-color: #66ffff;} /* cyan */ table.sequences span.tria-short {border-bottom: 2px solid #ff99ff;} /* magenta underline */ table.sequences span.fact-two-short {border-bottom: 2px solid #66ffff;} /* cyan underline */ table.sequences span.diff {padding: 2px; background-color: #e1e90b;} /* lemon */ table.sequences span.mers-prod {padding: 2px; background-color: #88c071;} /* olive */ table.sequences span.fact-div {padding: 2px; background-color: #dd972a;} /* brown */ flafzqe5gpfr36y2aaifqyrgon9fnot 2809305 2809303 2026-05-14T20:44:38Z Watchduck 137431 2809305 sanitized-css text/css table.sequences {text-align: center;} table.sequences td {padding: 4px 8px;} table.sequences tr.key th, table.sequences th.key {color: darkgray;} table.sequences td.val {font-weight: bold;} table.sequences td.border, table.sequences th.border {border-left: 2px solid darkgray;} table.sequences td.right {text-align: right;} table.sequences td.small {font-size: 70%;} table.sequences td.dummy {background-color: white;} table.sequences span.base {border: 1px solid red; padding: 2px;} /* red border */ table.sequences span.fact {border: 1px solid #0da30d; padding: 2px;} /* green border */ table.sequences span.main {border: 1px solid black; padding: 2px;} /* black border */ table.sequences span.tria {padding: 2px; background-color: #ff99ff;} /* magenta */ table.sequences span.fact-two {padding: 2px; background-color: #66ffff;} /* cyan */ table.sequences span.tria-short {border-bottom: 2px solid #ff99ff;} /* magenta underline */ table.sequences span.fact-two-short {border-bottom: 2px solid #66ffff;} /* cyan underline */ table.sequences span.diff {padding: 2px; background-color: #e1e90b;} /* lemon */ table.sequences span.mers-prod {padding: 2px; background-color: #88c071;} /* olive */ table.sequences span.fact-div {padding: 2px; background-color: #dd972a;} /* brown */ qbkkuzr6qcd2gruv5pcva1ew2c7oarm Template:Walsh permutation/sequences 10 329566 2809143 2808926 2026-05-14T12:07:29Z Watchduck 137431 2809143 wikitext text/x-wiki <noinclude> {{Separator}} * {{tl|Walsh permutation/sequences/styles.css}} * {{tl|Walsh permutation/sequences/A002884}} * {{tl|Walsh permutation/sequences/A053601}} * {{tl|Walsh permutation/sequences/A127944}} * {{tl|Walsh permutation/sequences/A023758}} <syntaxhighlight> <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" |- !class="key"| 0 |class="val"| | |- !class="key"| 1 |class="val"| | |- !class="key"| 2 |class="val"| | |- !class="key"| 3 |class="val"| | |- !class="key"| 4 |class="val"| | |- !class="key"| 5 |class="val"| | |- !class="key"| 6 |class="val"| | |} [[Category:Walsh permutation; templates]] </syntaxhighlight> [[Category:Walsh permutation; templates]] </noinclude> e7i3pgddc4x4yoqjiyhlbgizg05biai 2809155 2809143 2026-05-14T12:19:31Z Watchduck 137431 2809155 wikitext text/x-wiki {{Collapsible START|triangle A023758|open wide followed}} {{Walsh permutation/sequences/A023758}} {{Collapsible END}} {{Collapsible START|sequence A002884|open wide followed}} {{Walsh permutation/sequences/A002884}} {{Collapsible END}} {{Collapsible START|sequence A053601|open wide followed}} {{Walsh permutation/sequences/A053601}} {{Collapsible END}} {{Collapsible START|sequence A127944|open wide}} {{Walsh permutation/sequences/A127944}} {{Collapsible END}} <noinclude> {{Separator}} * {{tl|Walsh permutation/sequences/styles.css}} * {{tl|Walsh permutation/sequences/A002884}} * {{tl|Walsh permutation/sequences/A053601}} * {{tl|Walsh permutation/sequences/A127944}} * {{tl|Walsh permutation/sequences/A023758}} <syntaxhighlight> <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" |- !class="key"| 0 |class="val"| | |- !class="key"| 1 |class="val"| | |- !class="key"| 2 |class="val"| | |- !class="key"| 3 |class="val"| | |- !class="key"| 4 |class="val"| | |- !class="key"| 5 |class="val"| | |- !class="key"| 6 |class="val"| | |} [[Category:Walsh permutation; templates]] </syntaxhighlight> [[Category:Walsh permutation; templates]] </noinclude> 7ilynbp0w95u6hhcqy2oaous9uw222c 2809157 2809155 2026-05-14T12:21:48Z Watchduck 137431 2809157 wikitext text/x-wiki {{Collapsible START|triangle A023758|open wide followed}} {{Walsh permutation/sequences/A023758}} {{Collapsible END}} {{Collapsible START|sequence A002884|open wide followed}} {{Walsh permutation/sequences/A002884}} {{Collapsible END}} {{Collapsible START|sequence A053601|open wide followed}} {{Walsh permutation/sequences/A053601}} {{Collapsible END}} {{Collapsible START|sequence A127944|open wide}} {{Walsh permutation/sequences/A127944}} {{Collapsible END}} <noinclude> {{Separator}} * {{tl|Walsh permutation/sequences/styles.css}} * {{tl|Walsh permutation/sequences/A002884}} * {{tl|Walsh permutation/sequences/A053601}} * {{tl|Walsh permutation/sequences/A127944}} * {{tl|Walsh permutation/sequences/A023758}} <syntaxhighlight> <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" |- !class="key"| 0 |class="val"| | |- !class="key"| 1 |class="val"| | |- !class="key"| 2 |class="val"| | |- !class="key"| 3 |class="val"| | |- !class="key"| 4 |class="val"| | |- !class="key"| 5 |class="val"| | |- !class="key"| 6 |class="val"| | |} [[Category:Walsh permutation; templates]] </syntaxhighlight> [[Category:Category:Integer sequences related to Walsh permutations]] </noinclude> ih11rcx2nt3bpf0ynnbvkp3ghiitkbr 2809161 2809157 2026-05-14T12:23:10Z Watchduck 137431 2809161 wikitext text/x-wiki {{Collapsible START|triangle A023758|open wide followed}} {{Walsh permutation/sequences/A023758}} {{Collapsible END}} {{Collapsible START|sequence A002884|open wide followed}} {{Walsh permutation/sequences/A002884}} {{Collapsible END}} {{Collapsible START|sequence A053601|open wide followed}} {{Walsh permutation/sequences/A053601}} {{Collapsible END}} {{Collapsible START|sequence A127944|open wide}} {{Walsh permutation/sequences/A127944}} {{Collapsible END}} <noinclude> {{Separator}} * {{tl|Walsh permutation/sequences/styles.css}} * {{tl|Walsh permutation/sequences/A002884}} * {{tl|Walsh permutation/sequences/A053601}} * {{tl|Walsh permutation/sequences/A127944}} * {{tl|Walsh permutation/sequences/A023758}} <syntaxhighlight> <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" |- !class="key"| 0 |class="val"| | |- !class="key"| 1 |class="val"| | |- !class="key"| 2 |class="val"| | |- !class="key"| 3 |class="val"| | |- !class="key"| 4 |class="val"| | |- !class="key"| 5 |class="val"| | |- !class="key"| 6 |class="val"| | |} [[Category:Walsh permutation; templates]] </syntaxhighlight> [[Category:Integer sequences related to Walsh permutations]] </noinclude> nsr7hpmof2vei7rkrzn8vzkg1lg10gv 2809164 2809161 2026-05-14T12:24:54Z Watchduck 137431 2809164 wikitext text/x-wiki {{Collapsible START|triangle A023758|open wide followed}} {{Walsh permutation/sequences/A023758}} {{Collapsible END}} {{Collapsible START|sequence A002884|open wide followed}} {{Walsh permutation/sequences/A002884}} {{Collapsible END}} {{Collapsible START|sequence A053601|open wide followed}} {{Walsh permutation/sequences/A053601}} {{Collapsible END}} {{Collapsible START|sequence A127944|open wide}} {{Walsh permutation/sequences/A127944}} {{Collapsible END}} <noinclude> {{Separator}} * {{tl|Walsh permutation/sequences/styles.css}} * {{tl|Walsh permutation/sequences/A002884}} * {{tl|Walsh permutation/sequences/A053601}} * {{tl|Walsh permutation/sequences/A127944}} * {{tl|Walsh permutation/sequences/A023758}} <syntaxhighlight> <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" |- !class="key"| 0 |class="val"| | |- !class="key"| 1 |class="val"| | |- !class="key"| 2 |class="val"| | |- !class="key"| 3 |class="val"| | |- !class="key"| 4 |class="val"| | |- !class="key"| 5 |class="val"| | |- !class="key"| 6 |class="val"| | |} [[Category:Integer sequences related to Walsh permutations]] </syntaxhighlight> [[Category:Integer sequences related to Walsh permutations]] </noinclude> pfchzb5pv9z6j8zw4kl57e6c7h0z07b 2809290 2809164 2026-05-14T19:51:55Z Watchduck 137431 2809290 wikitext text/x-wiki {{Collapsible START|triangle A023758|open wide followed}} {{Walsh permutation/sequences/A023758}} {{Collapsible END}} {{Collapsible START|sequence A002884|open wide followed}} {{Walsh permutation/sequences/A002884}} {{Collapsible END}} {{Collapsible START|sequence A053601|open wide followed}} {{Walsh permutation/sequences/A053601}} {{Collapsible END}} {{Collapsible START|sequence A000142|open wide followed}} {{Walsh permutation/sequences/A000142}} {{Collapsible END}} {{Collapsible START|sequence A127944|open wide}} {{Walsh permutation/sequences/A127944}} {{Collapsible END}} <noinclude> {{Separator}} * {{tl|Walsh permutation/sequences/styles.css}} * {{tl|Walsh permutation/sequences/A002884}} * {{tl|Walsh permutation/sequences/A053601}} * {{tl|Walsh permutation/sequences/A127944}} * {{tl|Walsh permutation/sequences/A023758}} * {{tl|Walsh permutation/sequences/A000142}} <syntaxhighlight> <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" |- !class="key"| 0 |class="val"| | |- !class="key"| 1 |class="val"| | |- !class="key"| 2 |class="val"| | |- !class="key"| 3 |class="val"| | |- !class="key"| 4 |class="val"| | |- !class="key"| 5 |class="val"| | |- !class="key"| 6 |class="val"| | |} [[Category:Integer sequences related to Walsh permutations]] </syntaxhighlight> [[Category:Integer sequences related to Walsh permutations]] </noinclude> ma88mt8ttsljs673184fa4snpcpd96v Template:Walsh permutation/sequences/A002884 10 329567 2809160 2809106 2026-05-14T12:22:53Z Watchduck 137431 2809160 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') |- !class="key"| 0 |class="val"| 1 |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> |- !class="key"| 1 |class="val"| 1 |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> |- !class="key"| 2 |class="val"| 6 |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> |- !class="key"| 3 |class="val"| 168 |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> |- !class="key"| 4 |class="val"| 20160 |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> |- !class="key"| 5 |class="val"| 9999360 |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> |- !class="key"| 6 |class="val"| 20158709760 |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 6ylnnwixs0p7lul81hhtsr8ic83se41 2809206 2809160 2026-05-14T16:02:28Z Watchduck 137431 2809206 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') |- !class="key"| 0 |class="val"| 1 |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> |class="border"| 2<sup><span class="tria">0</span></sup> · 1 |- !class="key"| 1 |class="val"| 1 |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> |class="border"| 2<sup><span class="tria">0</span></sup> · 1 |- !class="key"| 2 |class="val"| 6 |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> |class="border"| 2<sup><span class="tria">1</span></sup> · 3 |- !class="key"| 3 |class="val"| 168 |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> |class="border"| 2<sup><span class="tria">3</span></sup> · 21 |- !class="key"| 4 |class="val"| 20160 |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> |class="border"| 2<sup><span class="tria">6</span></sup> · 315 |- !class="key"| 5 |class="val"| 9999360 |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> |class="border"| 2<sup><span class="tria">10</span></sup> · 9765 |- !class="key"| 6 |class="val"| 20158709760 |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> |class="border"| 2<sup><span class="tria">15</span></sup> · 615195 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 4l9j3ckovs8h4ne017ewsskw2c6k9ci 2809221 2809206 2026-05-14T16:20:13Z Watchduck 137431 2809221 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') |- !class="key"| 0 |class="val"| 1 |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> |class="border"| 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |- !class="key"| 1 |class="val"| 1 |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> |class="border"| 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |- !class="key"| 2 |class="val"| 6 |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> |class="border"| 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |- !class="key"| 3 |class="val"| 168 |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> |class="border"| 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |- !class="key"| 4 |class="val"| 20160 |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> |class="border"| 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |- !class="key"| 5 |class="val"| 9999360 |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> |class="border"| 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |- !class="key"| 6 |class="val"| 20158709760 |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> |class="border"| 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> lkauqyo108zjd1vr9bgtmojhuplqdna 2809285 2809221 2026-05-14T19:35:01Z Watchduck 137431 2809285 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') |- !class="key"| 0 |class="val"| 1 |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |- !class="key"| 1 |class="val"| 1 |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |- !class="key"| 2 |class="val"| 6 |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |- !class="key"| 3 |class="val"| 168 |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |- !class="key"| 4 |class="val"| 20160 |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> | 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> |class="border"| 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |- !class="key"| 5 |class="val"| 9999360 |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> | 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> |class="border"| 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |- !class="key"| 6 |class="val"| 20158709760 |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> | 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> |class="border"| 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> h7vqgub8culew9lamggnnz41t3e72n5 2809287 2809285 2026-05-14T19:39:42Z Watchduck 137431 2809287 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') |- !class="key"| 0 |class="val"| 1 |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |- !class="key"| 1 |class="val"| 1 |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |- !class="key"| 2 |class="val"| 6 |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |- !class="key"| 3 |class="val"| 168 |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |- !class="key"| 4 |class="val"| 20160 |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> | 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |- !class="key"| 5 |class="val"| 9999360 |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> |class="border"| 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> | 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |- !class="key"| 6 |class="val"| 20158709760 |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> |class="border"| 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> | 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> o6vwy8d9uy66g7ek1yvl5qnqyzdhzkb 2809297 2809287 2026-05-14T20:35:14Z Watchduck 137431 2809297 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') ! {{oeis|A002884}}(''n''−1) * {{oeis|A002884}}(''n'') |- !class="key"| 0 |class="val"| <span class="main">1</span> |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| |- !class="key"| 1 |class="val"| <span class="main">1</span> |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| <span class="main">1</span> · 1 |- !class="key"| 2 |class="val"| <span class="main">6</span> |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |class="border"| <span class="main">1</span> · 6 |- !class="key"| 3 |class="val"| <span class="main">168</span> |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |class="border"| <span class="main">6</span> · 28 |- !class="key"| 4 |class="val"| <span class="main">20160</span> |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> | 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |class="border"| <span class="main">168</span> · 120 |- !class="key"| 5 |class="val"| <span class="main">9999360</span> |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> |class="border"| 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> | 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |class="border"| <span class="main">20160</span> · 496 |- !class="key"| 6 |class="val"| <span class="main">20158709760</span> |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> |class="border"| 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> | 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |class="border"| <span class="main">9999360</span> · 2016 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> ruu1jkd7odij47001ym45r1cuvxr62g 2809300 2809297 2026-05-14T20:36:35Z Watchduck 137431 2809300 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') ! {{oeis|A002884}}(''n''−1) * {{oeis|A006516}}(''n'') |- !class="key"| 0 |class="val"| <span class="main">1</span> |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| |- !class="key"| 1 |class="val"| <span class="main">1</span> |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| <span class="main">1</span> · 1 |- !class="key"| 2 |class="val"| <span class="main">6</span> |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |class="border"| <span class="main">1</span> · 6 |- !class="key"| 3 |class="val"| <span class="main">168</span> |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |class="border"| <span class="main">6</span> · 28 |- !class="key"| 4 |class="val"| <span class="main">20160</span> |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> | 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |class="border"| <span class="main">168</span> · 120 |- !class="key"| 5 |class="val"| <span class="main">9999360</span> |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> |class="border"| 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> | 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |class="border"| <span class="main">20160</span> · 496 |- !class="key"| 6 |class="val"| <span class="main">20158709760</span> |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> |class="border"| 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> | 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |class="border"| <span class="main">9999360</span> · 2016 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 6ugup01en5tr2lqjw5185n8m3dsf5g2 2809307 2809300 2026-05-14T20:51:56Z Watchduck 137431 2809307 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') !colspan="2" class="border"| {{oeis|A002884}}(''n''−1) * {{oeis|A006516}}(''n'') |- !class="key"| 0 |class="val"| <span class="main">1</span> |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| | |- !class="key"| 1 |class="val"| <span class="main">1</span> |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| <span class="main">1</span> · 1 | <span class="main">1</span> · '''1''' · 1 |- !class="key"| 2 |class="val"| <span class="main">6</span> |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |class="border"| <span class="main">1</span> · 6 | <span class="main">1</span> · '''2''' · 3 |- !class="key"| 3 |class="val"| <span class="main">168</span> |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |class="border"| <span class="main">6</span> · 28 | <span class="main">6</span> · '''4''' · 7 |- !class="key"| 4 |class="val"| <span class="main">20160</span> |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> | 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |class="border"| <span class="main">168</span> · 120 | <span class="main">168</span> · '''8''' · 15 |- !class="key"| 5 |class="val"| <span class="main">9999360</span> |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> |class="border"| 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> | 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |class="border"| <span class="main">20160</span> · 496 | <span class="main">20160</span> · '''16''' · 31 |- !class="key"| 6 |class="val"| <span class="main">20158709760</span> |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> |class="border"| 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> | 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |class="border"| <span class="main">9999360</span> · 2016 | <span class="main">9999360</span> · '''32''' · 63 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> gziaynhbx3vh957lnnahe7y2yghblra 2809308 2809307 2026-05-14T20:59:14Z Watchduck 137431 2809308 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') !colspan="2" class="border"| {{oeis|A002884}}(''n''−1) * {{oeis|A006516}}(''n'') |- !class="key"| 0 |class="val"| <span class="main">1</span> |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| | |- !class="key"| 1 |class="val"| <span class="main">1</span> |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| <span class="main">1</span> · '''1''' · 1 | <span class="main">1</span> · 1 |- !class="key"| 2 |class="val"| <span class="main">6</span> |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |class="border"| <span class="main">1</span> · '''2''' · 3 | <span class="main">1</span> · 6 |- !class="key"| 3 |class="val"| <span class="main">168</span> |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |class="border"| <span class="main">6</span> · '''4''' · 7 | <span class="main">6</span> · 28 |- !class="key"| 4 |class="val"| <span class="main">20160</span> |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> | 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |class="border"| <span class="main">168</span> · '''8''' · 15 | <span class="main">168</span> · 120 |- !class="key"| 5 |class="val"| <span class="main">9999360</span> |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> |class="border"| 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> | 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |class="border"| <span class="main">20160</span> · '''16''' · 31 | <span class="main">20160</span> · 496 |- !class="key"| 6 |class="val"| <span class="main">20158709760</span> |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> |class="border"| 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> | 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |class="border"| <span class="main">9999360</span> · '''32''' · 63 | <span class="main">9999360</span> · 2016 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> kxn7un6l7eepavj3j5z1cdm3aa0whj8 2809309 2809308 2026-05-14T21:03:11Z Watchduck 137431 2809309 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A002884}}(''n'') !class="border"| {{oeis|A023758}} !colspan="2" class="border"| {{oeis|A053601}}(''n'') · {{oeis|A000142}}(''n'') !colspan="2" class="border"| {{oeis|A006125}}(''n'') · {{oeis|A005329}}(''n'') !colspan="2" class="border"| {{oeis|A002884}}(''n''−1) * {{oeis|A006516}}(''n'') |- !class="key"| 0 |class="val"| <span class="main">1</span> |class="border"| |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| | |- !class="key"| 1 |class="val"| <span class="main">1</span> |class="border"| 1 |class="border"| <span class="base">1</span> · <span class="fact">1</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">0</span></sup> · <span class="mers-prod">1</span> | 2<sup><span class="tria">0</span></sup> · <span class="mers-prod">1</span> |class="border"| <span class="main">1</span> · 2<sup>0</sup> · 1 | <span class="main">1</span> · 1 |- !class="key"| 2 |class="val"| <span class="main">6</span> |class="border"| 2 · 3 |class="border"| <span class="base">3</span> · <span class="fact">2</span> | <span class="base">2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">1</span></span> |class="border"| 2<sup><span class="diff">0</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">3</span> | 2<sup><span class="tria">1</span></sup> · <span class="mers-prod">3</span> |class="border"| <span class="main">1</span> · 2<sup>1</sup> · 3 | <span class="main">1</span> · 6 |- !class="key"| 3 |class="val"| <span class="main">168</span> |class="border"| 4 · 6 · 7 |class="border"| <span class="base">28</span> · <span class="fact">6</span> | <span class="base">2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">1</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">2</span></sup> · 2<sup><span class="fact-two">1</span></sup> · <span class="mers-prod">21</span> | 2<sup><span class="tria">3</span></sup> · <span class="mers-prod">21</span> |class="border"| <span class="main">6</span> · 2<sup>2</sup> · 7 | <span class="main">6</span> · 28 |- !class="key"| 4 |class="val"| <span class="main">20160</span> |class="border"| 8 · 12 · 14 · 15 |class="border"| <span class="base">840</span> · <span class="fact">24</span> | <span class="base">2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">3</span></span> |class="border"| 2<sup><span class="diff">3</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">315</span> | 2<sup><span class="tria">6</span></sup> · <span class="mers-prod">315</span> |class="border"| <span class="main">168</span> · 2<sup>3</sup> · 15 | <span class="main">168</span> · 120 |- !class="key"| 5 |class="val"| <span class="main">9999360</span> |class="border"| 16 · 24 · 28 · 30 · 31 |class="border"| <span class="base">83328</span> · <span class="fact">120</span> | <span class="base">2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span></span> · <span class="fact">2<sup><span class="fact-two">3</span></sup> · <span class="fact-div">15</span></span> |class="border"| 2<sup><span class="diff">7</span></sup> · 2<sup><span class="fact-two">3</span></sup> · <span class="mers-prod">9765</span> | 2<sup><span class="tria">10</span></sup> · <span class="mers-prod">9765</span> |class="border"| <span class="main">20160</span> · 2<sup>4</sup> · 31 | <span class="main">20160</span> · 496 |- !class="key"| 6 |class="val"| <span class="main">20158709760</span> |class="border"| 32 · 48 · 56 · 60 · 62 · 63 |class="border"| <span class="base">27998208</span> · <span class="fact">720</span> | <span class="base">2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span></span> · <span class="fact">2<sup><span class="fact-two">4</span></sup> · <span class="fact-div">45</span></span> |class="border"| 2<sup><span class="diff">11</span></sup> · 2<sup><span class="fact-two">4</span></sup> · <span class="mers-prod">615195</span> | 2<sup><span class="tria">15</span></sup> · <span class="mers-prod">615195</span> |class="border"| <span class="main">9999360</span> · 2<sup>5</sup> · 63 | <span class="main">9999360</span> · 2016 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 7z9yhprbu2sfckaykzj664cqnixo30b Template:Walsh permutation/sequences/A053601 10 329568 2809158 2808505 2026-05-14T12:22:29Z Watchduck 137431 2809158 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> The entries contain the factors 1, 1, 1, 4, 8, 128, 2048... {{spaces|3}} That is {{oeis|A127943}}. <small>These are powers of two with exponents {{oeis|A127944}}, which are partial sums of {{oeis|A093049}}.</small><br> The remaining factors are 1, 1, 3, 7, 105, 651, 13671... {{spaces|3}} These numbers are products of Mersenne numbers 1, 3, 7, 15, 31... &mdash; but not with an obvious pattern. {| class="wikitable sequences" !class="key"| ''n'' ! !class="border"| ! |- !class="key"| 0 |class="val"| 1 |class="border"| 2<sup>0</sup> · 1 | |- !class="key"| 1 |class="val"| 1 |class="border"| 2<sup>0</sup> · 1 | |- !class="key"| 2 |class="val"| 3 |class="border"| 2<sup>0</sup> · 3 | |- !class="key"| 3 |class="val"| 28 |class="border"| 2<sup>2</sup> · 7 | |- !class="key"| 4 |class="val"| 840 |class="border"| 2<sup>3</sup> · 105 | |- !class="key"| 5 |class="val"| 83328 |class="border"| 2<sup>7</sup> · 651 | |- !class="key"| 6 |class="val"| 27998208 |class="border"| 2<sup>11</sup> · 13671 | |}<noinclude> [[Category:Category:Integer sequences related to Walsh permutations]] </noinclude> bk39r2qgm8uwuy9vg9ee3nuhni1rj1g 2809159 2809158 2026-05-14T12:22:43Z Watchduck 137431 2809159 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> The entries contain the factors 1, 1, 1, 4, 8, 128, 2048... {{spaces|3}} That is {{oeis|A127943}}. <small>These are powers of two with exponents {{oeis|A127944}}, which are partial sums of {{oeis|A093049}}.</small><br> The remaining factors are 1, 1, 3, 7, 105, 651, 13671... {{spaces|3}} These numbers are products of Mersenne numbers 1, 3, 7, 15, 31... &mdash; but not with an obvious pattern. {| class="wikitable sequences" !class="key"| ''n'' ! !class="border"| ! |- !class="key"| 0 |class="val"| 1 |class="border"| 2<sup>0</sup> · 1 | |- !class="key"| 1 |class="val"| 1 |class="border"| 2<sup>0</sup> · 1 | |- !class="key"| 2 |class="val"| 3 |class="border"| 2<sup>0</sup> · 3 | |- !class="key"| 3 |class="val"| 28 |class="border"| 2<sup>2</sup> · 7 | |- !class="key"| 4 |class="val"| 840 |class="border"| 2<sup>3</sup> · 105 | |- !class="key"| 5 |class="val"| 83328 |class="border"| 2<sup>7</sup> · 651 | |- !class="key"| 6 |class="val"| 27998208 |class="border"| 2<sup>11</sup> · 13671 | |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> h54s93ckixghi66srwm3i2ypy6i3ia6 2809215 2809159 2026-05-14T16:13:08Z Watchduck 137431 2809215 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> The entries contain the factors 1, 1, 1, 4, 8, 128, 2048... {{spaces|3}} That is {{oeis|A127943}}. <small>These are powers of two with exponents {{oeis|A127944}}, which are partial sums of {{oeis|A093049}}.</small><br> The remaining factors are 1, 1, 3, 7, 105, 651, 13671... {{spaces|3}} These numbers are products of Mersenne numbers 1, 3, 7, 15, 31... &mdash; but not with an obvious pattern. {| class="wikitable sequences" !class="key"| ''n'' ! !class="border"| ! |- !class="key"| 0 |class="val"| <span class="base">1</span> |class="border"| 2<sup><span class="diff">0</span></sup> · 1 | |- !class="key"| 1 |class="val"| <span class="base">1</span> |class="border"| 2<sup><span class="diff">0</span></sup> · 1 | |- !class="key"| 2 |class="val"| <span class="base">3</span> |class="border"| 2<sup><span class="diff">0</span></sup> · 3 | |- !class="key"| 3 |class="val"| <span class="base">28</span> |class="border"| 2<sup><span class="diff">2</span></sup> · 7 | |- !class="key"| 4 |class="val"| <span class="base">840</span> |class="border"| 2<sup><span class="diff">3</span></sup> · 105 | |- !class="key"| 5 |class="val"| <span class="base">83328</span> |class="border"| 2<sup><span class="diff">7</span></sup> · 651 | |- !class="key"| 6 |class="val"| <span class="base">27998208</span> |class="border"| 2<sup><span class="diff">11</span></sup> · 13671 | |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> fw40pka5a95beaczeae5fa34px4yc84 2809262 2809215 2026-05-14T17:08:41Z Watchduck 137431 2809262 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> The powers of two in this sequence are {{oeis|A127943}}. Their exponents are {{oeis|A127944}}, which are partial sums of {{oeis|A093049}}.<br> The remaining factors are products of Mersenne numbers ({{oeis|A000225}}) &mdash; but not with an obvious factorisation. {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A053601}}(''n'') !class="border"| ! {{oeis|A127943}}(''n'') · {{oeis|A005329}}(''n'') / {{oeis|A049606}}(''n'') |- !class="key"| 0 |class="val"| <span class="base">1</span> |class="border"| 2<sup><span class="diff">0</span></sup> · 1 | 2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span> |- !class="key"| 1 |class="val"| <span class="base">1</span> |class="border"| 2<sup><span class="diff">0</span></sup> · 1 | 2<sup><span class="diff">0</span></sup> · <span class="mers-prod">1</span> / <span class="fact-div">1</span> |- !class="key"| 2 |class="val"| <span class="base">3</span> |class="border"| 2<sup><span class="diff">0</span></sup> · 3 | 2<sup><span class="diff">0</span></sup> · <span class="mers-prod">3</span> / <span class="fact-div">1</span> |- !class="key"| 3 |class="val"| <span class="base">28</span> |class="border"| 2<sup><span class="diff">2</span></sup> · 7 | 2<sup><span class="diff">2</span></sup> · <span class="mers-prod">21</span> / <span class="fact-div">3</span> |- !class="key"| 4 |class="val"| <span class="base">840</span> |class="border"| 2<sup><span class="diff">3</span></sup> · 105 | 2<sup><span class="diff">3</span></sup> · <span class="mers-prod">315</span> / <span class="fact-div">3</span> |- !class="key"| 5 |class="val"| <span class="base">83328</span> |class="border"| 2<sup><span class="diff">7</span></sup> · 651 | 2<sup><span class="diff">7</span></sup> · <span class="mers-prod">9765</span> / <span class="fact-div">15</span> |- !class="key"| 6 |class="val"| <span class="base">27998208</span> |class="border"| 2<sup><span class="diff">11</span></sup> · 13671 | 2<sup><span class="diff">11</span></sup> · <span class="mers-prod">615195</span> / <span class="fact-div">45</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> rtpar1gwktphwvt98dt3pvg52yhr0wx Wikiversity:Candidates for Bureaucratship/Atcovi 4 329572 2809329 2808980 2026-05-14T21:43:04Z IanVG 2918363 /* Voting */ 2809329 wikitext text/x-wiki === {{User|Atcovi}} === Hello to the Wikiversity community! I’m currently running for bureaucratship on the project. I’ve been part of the Wikiversity community since 2010 (at the age of 7, though not exactly sure I knew what I was doing back then…) and I’ve served as an administrator on the project since June 2021 (see my request from back then [[Wikiversity:Candidates for Custodianship/Atcovi5|here]]). I’ve also served as an English Wikibooks administrator since March 2015, a MediaWiki administrator since 2017, and held other roles previously on the Wikimedia Projects (including administrator rights on Meta Wiki and global sysopship). I hope to continue my personal projects (see [[User:Atcovi/Works|this]] for some of these projects) and ensure that content on Wikiversity adheres to Wikiversity guidelines/policies. This includes removing/managing pseudoscientific content masquerading as established science, as well as other content that violates Wikiversity’s learning principles and guidelines. I'm more than happy to take up additional responsibilities to better serve the community, and I hope my past experiences in trusted positions can demonstrate my ability to handle higher responsibilities. Thanks! —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 14:19, 12 May 2026 (UTC) ==== Questions ==== ==== Comments ==== ==== Voting ==== *{{support}} Trusted and helpful user who has shown good judgement. ―[[User:Koavf|Justin (<span style="color:grey">ko'''a'''<span style="color:black">v</span>f</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 15:02, 12 May 2026 (UTC) * {{support}} per the reasoning, Wikiversity could probably have more custodians and bureaucrats available. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 15:17, 12 May 2026 (UTC) * {{support}} A trusted contributor to Wikiversity, custodian here for ~5 years, admin experience/roles on other wiki projects without any notable issues. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 21:39, 12 May 2026 (UTC) * {{support}} [[User:PieWriter|PieWriter]] ([[User talk:PieWriter|discuss]] • [[Special:Contributions/PieWriter|contribs]]) 23:24, 13 May 2026 (UTC) [[Category:Nominations for Bureaucratship|Atcovi]] * {{support}} Seen your posts around, seem like you have a passion and you know what you are doing. [[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:43, 14 May 2026 (UTC) 1zl2fhfofwuzsfo4qjp86y4j8zz9ogc Template:Walsh permutation/sequences/A127944 10 329615 2809163 2809132 2026-05-14T12:24:26Z Watchduck 137431 2809163 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A127944}}(''n'') !class="border"| {{oeis|A000217}}(''n'')<br>− {{oeis|A005187}}(''n'') ! {{oeis|A161680}}(''n'')<br>− {{oeis|A011371}}(''n'') |- !class="key"| 0 |class="val"| 0 |class="border"| <span style="padding: 2px; background-color: #f16ca7">0</span> − <span style="padding: 2px; background-color: #7ee13c">0</span> | <span style="padding: 2px; background-color: #f16ca7">0</span> − <span style="padding: 2px; background-color: #7ee13c">0</span> |- !class="key"| 1 |class="val"| 0 |class="border"| <span style="padding: 2px; background-color: #f16ca7">1</span> − <span style="padding: 2px; background-color: #7ee13c">1</span> | <span style="padding: 2px; background-color: #f16ca7">0</span> − <span style="padding: 2px; background-color: #7ee13c">0</span> |- !class="key"| 2 |class="val"| 0 |class="border"| <span style="padding: 2px; background-color: #f16ca7">3</span> − <span style="padding: 2px; background-color: #7ee13c">3</span> | <span style="padding: 2px; background-color: #f16ca7">1</span> − <span style="padding: 2px; background-color: #7ee13c">1</span> |- !class="key"| 3 |class="val"| 2 |class="border"| <span style="padding: 2px; background-color: #f16ca7">6</span> − <span style="padding: 2px; background-color: #7ee13c">4</span> | <span style="padding: 2px; background-color: #f16ca7">3</span> − <span style="padding: 2px; background-color: #7ee13c">1</span> |- !class="key"| 4 |class="val"| 3 |class="border"| <span style="padding: 2px; background-color: #f16ca7">10</span> − <span style="padding: 2px; background-color: #7ee13c">7</span> | <span style="padding: 2px; background-color: #f16ca7">6</span> − <span style="padding: 2px; background-color: #7ee13c">3</span> |- !class="key"| 5 |class="val"| 7 |class="border"| <span style="padding: 2px; background-color: #f16ca7">15</span> − <span style="padding: 2px; background-color: #7ee13c">8</span> | <span style="padding: 2px; background-color: #f16ca7">10</span> − <span style="padding: 2px; background-color: #7ee13c">3</span> |- !class="key"| 6 |class="val"| 11 |class="border"| <span style="padding: 2px; background-color: #f16ca7">21</span> − <span style="padding: 2px; background-color: #7ee13c">10</span> | <span style="padding: 2px; background-color: #f16ca7">15</span> − <span style="padding: 2px; background-color: #7ee13c">4</span> |- !class="key"| 7 |class="val"| 17 |class="border"| <span style="padding: 2px; background-color: #f16ca7">28</span> − <span style="padding: 2px; background-color: #7ee13c">11</span> | <span style="padding: 2px; background-color: #f16ca7">21</span> − <span style="padding: 2px; background-color: #7ee13c">4</span> |- !class="key"| 8 |class="val"| 21 |class="border"| <span style="padding: 2px; background-color: #f16ca7">36</span> − <span style="padding: 2px; background-color: #7ee13c">15</span> | <span style="padding: 2px; background-color: #f16ca7">28</span> − <span style="padding: 2px; background-color: #7ee13c">7</span> |- !class="key"| 9 |class="val"| 29 |class="border"| <span style="padding: 2px; background-color: #f16ca7">45</span> − <span style="padding: 2px; background-color: #7ee13c">16</span> | <span style="padding: 2px; background-color: #f16ca7">36</span> − <span style="padding: 2px; background-color: #7ee13c">7</span> |- !class="key"| 10 |class="val"| 37 |class="border"| <span style="padding: 2px; background-color: #f16ca7">55</span> − <span style="padding: 2px; background-color: #7ee13c">18</span> | <span style="padding: 2px; background-color: #f16ca7">45</span> − <span style="padding: 2px; background-color: #7ee13c">8</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> azo9gy6udu30j98nnq7eon489mtj8rb 2809200 2809163 2026-05-14T15:50:31Z Watchduck 137431 2809200 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A127944}}(''n'') !class="border"| {{oeis|A000217}}(''n'')<br>− {{oeis|A005187}}(''n'') ! {{oeis|A161680}}(''n'')<br>− {{oeis|A011371}}(''n'') |- !class="key"| 0 |class="val"| 0 |class="border"| <span class="tria">0</span> − <span class="fact-two">0</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 1 |class="val"| 0 |class="border"| <span class="tria">1</span> − <span class="fact-two">1</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 2 |class="val"| 0 |class="border"| <span class="tria">3</span> − <span class="fact-two">3</span> | <span class="tria">1</span> − <span class="fact-two">1</span> |- !class="key"| 3 |class="val"| 2 |class="border"| <span class="tria">6</span> − <span class="fact-two">4</span> | <span class="tria">3</span> − <span class="fact-two">1</span> |- !class="key"| 4 |class="val"| 3 |class="border"| <span class="tria">10</span> − <span class="fact-two">7</span> | <span class="tria">6</span> − <span class="fact-two">3</span> |- !class="key"| 5 |class="val"| 7 |class="border"| <span class="tria">15</span> − <span class="fact-two">8</span> | <span class="tria">10</span> − <span class="fact-two">3</span> |- !class="key"| 6 |class="val"| 11 |class="border"| <span class="tria">21</span> − <span class="fact-two">10</span> | <span class="tria">15</span> − <span class="fact-two">4</span> |- !class="key"| 7 |class="val"| 17 |class="border"| <span class="tria">28</span> − <span class="fact-two">11</span> | <span class="tria">21</span> − <span class="fact-two">4</span> |- !class="key"| 8 |class="val"| 21 |class="border"| <span class="tria">36</span> − <span class="fact-two">15</span> | <span class="tria">28</span> − <span class="fact-two">7</span> |- !class="key"| 9 |class="val"| 29 |class="border"| <span class="tria">45</span> − <span class="fact-two">16</span> | <span class="tria">36</span> − <span class="fact-two">7</span> |- !class="key"| 10 |class="val"| 37 |class="border"| <span class="tria">55</span> − <span class="fact-two">18</span> | <span class="tria">45</span> − <span class="fact-two">8</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 4t1e4hgcnxbr2fwb2vaquvs5xka1v4m 2809209 2809200 2026-05-14T16:04:17Z Watchduck 137431 2809209 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A127944}}(''n'') !class="border"| {{oeis|A000217}}(''n'') − {{oeis|A005187}}(''n'') ! {{oeis|A161680}}(''n'') − {{oeis|A011371}}(''n'') |- !class="key"| 0 |class="val"| 0 |class="border"| <span class="tria">0</span> − <span class="fact-two">0</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 1 |class="val"| 0 |class="border"| <span class="tria">1</span> − <span class="fact-two">1</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 2 |class="val"| 0 |class="border"| <span class="tria">3</span> − <span class="fact-two">3</span> | <span class="tria">1</span> − <span class="fact-two">1</span> |- !class="key"| 3 |class="val"| 2 |class="border"| <span class="tria">6</span> − <span class="fact-two">4</span> | <span class="tria">3</span> − <span class="fact-two">1</span> |- !class="key"| 4 |class="val"| 3 |class="border"| <span class="tria">10</span> − <span class="fact-two">7</span> | <span class="tria">6</span> − <span class="fact-two">3</span> |- !class="key"| 5 |class="val"| 7 |class="border"| <span class="tria">15</span> − <span class="fact-two">8</span> | <span class="tria">10</span> − <span class="fact-two">3</span> |- !class="key"| 6 |class="val"| 11 |class="border"| <span class="tria">21</span> − <span class="fact-two">10</span> | <span class="tria">15</span> − <span class="fact-two">4</span> |- !class="key"| 7 |class="val"| 17 |class="border"| <span class="tria">28</span> − <span class="fact-two">11</span> | <span class="tria">21</span> − <span class="fact-two">4</span> |- !class="key"| 8 |class="val"| 21 |class="border"| <span class="tria">36</span> − <span class="fact-two">15</span> | <span class="tria">28</span> − <span class="fact-two">7</span> |- !class="key"| 9 |class="val"| 29 |class="border"| <span class="tria">45</span> − <span class="fact-two">16</span> | <span class="tria">36</span> − <span class="fact-two">7</span> |- !class="key"| 10 |class="val"| 37 |class="border"| <span class="tria">55</span> − <span class="fact-two">18</span> | <span class="tria">45</span> − <span class="fact-two">8</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 3iex9xm0znic7tm9gyqtizb9cbztlhc 2809216 2809209 2026-05-14T16:15:12Z Watchduck 137431 2809216 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A127944}}(''n'') !class="border"| {{oeis|A000217}}(''n'') − {{oeis|A005187}}(''n'') ! {{oeis|A161680}}(''n'') − {{oeis|A011371}}(''n'') |- !class="key"| 0 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria">0</span> − <span class="fact-two">0</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 1 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria">1</span> − <span class="fact-two">1</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 2 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria">3</span> − <span class="fact-two">3</span> | <span class="tria">1</span> − <span class="fact-two">1</span> |- !class="key"| 3 |class="val"| <span class="diff">2</span> |class="border"| <span class="tria">6</span> − <span class="fact-two">4</span> | <span class="tria">3</span> − <span class="fact-two">1</span> |- !class="key"| 4 |class="val"| <span class="diff">3</span> |class="border"| <span class="tria">10</span> − <span class="fact-two">7</span> | <span class="tria">6</span> − <span class="fact-two">3</span> |- !class="key"| 5 |class="val"| <span class="diff">7</span> |class="border"| <span class="tria">15</span> − <span class="fact-two">8</span> | <span class="tria">10</span> − <span class="fact-two">3</span> |- !class="key"| 6 |class="val"| <span class="diff">11</span> |class="border"| <span class="tria">21</span> − <span class="fact-two">10</span> | <span class="tria">15</span> − <span class="fact-two">4</span> |- !class="key"| 7 |class="val"| <span class="diff">17</span> |class="border"| <span class="tria">28</span> − <span class="fact-two">11</span> | <span class="tria">21</span> − <span class="fact-two">4</span> |- !class="key"| 8 |class="val"| <span class="diff">21</span> |class="border"| <span class="tria">36</span> − <span class="fact-two">15</span> | <span class="tria">28</span> − <span class="fact-two">7</span> |- !class="key"| 9 |class="val"| <span class="diff">29</span> |class="border"| <span class="tria">45</span> − <span class="fact-two">16</span> | <span class="tria">36</span> − <span class="fact-two">7</span> |- !class="key"| 10 |class="val"| <span class="diff">37</span> |class="border"| <span class="tria">55</span> − <span class="fact-two">18</span> | <span class="tria">45</span> − <span class="fact-two">8</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> my3u8chbzjnl899nyll4az101c1xclq 2809228 2809216 2026-05-14T16:31:14Z Watchduck 137431 2809228 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {{oeis|A161680}} is essentially the triangular numbers, but with a leading zero.<br> {{oeis|A011371}} is the number of prime factors 2 in the factorials.<br> Their difference is the number of prime factors 2 in {{oeis|A053601}}. {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A127944}}(''n'') !class="border"| {{oeis|A000217}}(''n'') − {{oeis|A005187}}(''n'') ! {{oeis|A161680}}(''n'') − {{oeis|A011371}}(''n'') |- !class="key"| 0 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria">0</span> − <span class="fact-two">0</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 1 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria">1</span> − <span class="fact-two">1</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 2 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria">3</span> − <span class="fact-two">3</span> | <span class="tria">1</span> − <span class="fact-two">1</span> |- !class="key"| 3 |class="val"| <span class="diff">2</span> |class="border"| <span class="tria">6</span> − <span class="fact-two">4</span> | <span class="tria">3</span> − <span class="fact-two">1</span> |- !class="key"| 4 |class="val"| <span class="diff">3</span> |class="border"| <span class="tria">10</span> − <span class="fact-two">7</span> | <span class="tria">6</span> − <span class="fact-two">3</span> |- !class="key"| 5 |class="val"| <span class="diff">7</span> |class="border"| <span class="tria">15</span> − <span class="fact-two">8</span> | <span class="tria">10</span> − <span class="fact-two">3</span> |- !class="key"| 6 |class="val"| <span class="diff">11</span> |class="border"| <span class="tria">21</span> − <span class="fact-two">10</span> | <span class="tria">15</span> − <span class="fact-two">4</span> |- !class="key"| 7 |class="val"| <span class="diff">17</span> |class="border"| <span class="tria">28</span> − <span class="fact-two">11</span> | <span class="tria">21</span> − <span class="fact-two">4</span> |- !class="key"| 8 |class="val"| <span class="diff">21</span> |class="border"| <span class="tria">36</span> − <span class="fact-two">15</span> | <span class="tria">28</span> − <span class="fact-two">7</span> |- !class="key"| 9 |class="val"| <span class="diff">29</span> |class="border"| <span class="tria">45</span> − <span class="fact-two">16</span> | <span class="tria">36</span> − <span class="fact-two">7</span> |- !class="key"| 10 |class="val"| <span class="diff">37</span> |class="border"| <span class="tria">55</span> − <span class="fact-two">18</span> | <span class="tria">45</span> − <span class="fact-two">8</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> rlgult7mvmlkygmo2mvku27kp85tx20 2809292 2809228 2026-05-14T19:56:48Z Watchduck 137431 2809292 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {{oeis|A161680}} is essentially the triangular numbers, but with a leading zero.<br> {{oeis|A011371}} is the number of prime factors 2 in the factorials.<br> Their difference is the number of prime factors 2 in {{oeis|A053601}}. {| class="wikitable sequences" !class="key"| ''n'' ! {{oeis|A127944}}(''n'') !class="border"| {{oeis|A000217}}(''n'') − {{oeis|A005187}}(''n'') ! {{oeis|A161680}}(''n'') − {{oeis|A011371}}(''n'') |- !class="key"| 0 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria-short">0</span> − <span class="fact-two-short">0</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 1 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria-short">1</span> − <span class="fact-two-short">1</span> | <span class="tria">0</span> − <span class="fact-two">0</span> |- !class="key"| 2 |class="val"| <span class="diff">0</span> |class="border"| <span class="tria-short">3</span> − <span class="fact-two-short">3</span> | <span class="tria">1</span> − <span class="fact-two">1</span> |- !class="key"| 3 |class="val"| <span class="diff">2</span> |class="border"| <span class="tria-short">6</span> − <span class="fact-two-short">4</span> | <span class="tria">3</span> − <span class="fact-two">1</span> |- !class="key"| 4 |class="val"| <span class="diff">3</span> |class="border"| <span class="tria-short">10</span> − <span class="fact-two-short">7</span> | <span class="tria">6</span> − <span class="fact-two">3</span> |- !class="key"| 5 |class="val"| <span class="diff">7</span> |class="border"| <span class="tria-short">15</span> − <span class="fact-two-short">8</span> | <span class="tria">10</span> − <span class="fact-two">3</span> |- !class="key"| 6 |class="val"| <span class="diff">11</span> |class="border"| <span class="tria-short">21</span> − <span class="fact-two-short">10</span> | <span class="tria">15</span> − <span class="fact-two">4</span> |- !class="key"| 7 |class="val"| <span class="diff">17</span> |class="border"| <span class="tria-short">28</span> − <span class="fact-two-short">11</span> | <span class="tria">21</span> − <span class="fact-two">4</span> |- !class="key"| 8 |class="val"| <span class="diff">21</span> |class="border"| <span class="tria-short">36</span> − <span class="fact-two-short">15</span> | <span class="tria">28</span> − <span class="fact-two">7</span> |- !class="key"| 9 |class="val"| <span class="diff">29</span> |class="border"| <span class="tria-short">45</span> − <span class="fact-two-short">16</span> | <span class="tria">36</span> − <span class="fact-two">7</span> |- !class="key"| 10 |class="val"| <span class="diff">37</span> |class="border"| <span class="tria-short">55</span> − <span class="fact-two-short">18</span> | <span class="tria">45</span> − <span class="fact-two">8</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> jqkjc9fekksmlbvcxn0iip9dqom5rsx Citizen journalism 0 329616 2809454 2808947 2026-05-15T10:26:46Z Jtneill 10242 2809454 wikitext text/x-wiki '''Citizen journalism''' is a form of [[journalism]]. {{Stub}} ==See also== {{Wikipedia}} [[Category:Journalism]] 44w8lchzhnw7p09empvhm1x0a33y3lx Journalism 0 329617 2809457 2808956 2026-05-15T10:39:19Z Jtneill 10242 Jtneill moved page [[Draft:Journalism]] to [[Journalism]]: Move to main space 2808956 wikitext text/x-wiki This is about journalism. {{stub}} gtw0gc03j8attt5egzlamwhnen0h30k 2809459 2809457 2026-05-15T10:39:54Z Jtneill 10242 + [[Category:Journalism]] 2809459 wikitext text/x-wiki This is about journalism. {{stub}} [[Category:Journalism]] 52mz9nxbfa6gmb4zt73lk6gmnxf80j0 2809460 2809459 2026-05-15T10:44:14Z Jtneill 10242 + category tree 2809460 wikitext text/x-wiki This is about journalism. {{stub}} <categorytree mode="pages">Journalism</categorytree> [[Category:Journalism]] 69m1fkxik9j4kgn310rsp0x673sb2wb 2809465 2809460 2026-05-15T10:52:54Z Jtneill 10242 2809465 wikitext text/x-wiki This is about journalism. {{stub}} <categorytree mode="pages">Journalism</categorytree> [[Category:Journalism| ]] 1fn8r7hlophazxb3myhdd8lfeycd3xc Talk:Story/Manchester City moves two points behind Arsenal 1 329619 2809148 2809031 2026-05-14T12:08:58Z BigKrow 3069766 BigKrow moved page [[Talk:Manchester City moves two points behind Arsenal]] to [[Talk:Story/Manchester City moves two points behind Arsenal]] 2809031 wikitext text/x-wiki ==Relevance== {{Ping|BigKrow}} My thoughts: * This page sounds like it is more relevant to [[w:2025–26 Premier League]] * What is the educational objective? (see [[Wikiversity:Mission]]) -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 00:21, 14 May 2026 (UTC) :Maybe I should only do world news? @[[User:Jtneill|Jtneill]] [[User:BigKrow|BigKrow]] ([[User talk:BigKrow|discuss]] • [[Special:Contributions/BigKrow|contribs]]) 02:00, 14 May 2026 (UTC) ::For me the broader question is: In which part(s) of the WMF wiki ecosystem does a particular piece of knowledge best belong? If there is a clearly articulated educational objective, then it is likely welcome on Wikiversity. If not, it probably best belongs elsewhere. -- [[User:Jtneill|Jtneill]] - <small>[[User talk:Jtneill|Talk]] - [[Special:Contributions/Jtneill|c]]</small> 02:56, 14 May 2026 (UTC) 77khz7r8qthva81vs14xaofxpsa5lgj Story/Manchester City moves two points behind Arsenal 0 329622 2809144 2809023 2026-05-14T12:07:44Z BigKrow 3069766 2809144 wikitext text/x-wiki The football club, Manchester City moves two points behind Arsenal. {{stub}} {{wikinews}} nc3qcg6wrr8myl4hdq6bnadwuxex6hx 2809145 2809144 2026-05-14T12:08:13Z BigKrow 3069766 2809145 wikitext text/x-wiki The football club, Manchester City moves two points behind Arsenal. {{stub}} [[Category:Wikinews]] hkmtnw3pick7rvxzdd5tz7brbzuh7cg 2809146 2809145 2026-05-14T12:08:58Z BigKrow 3069766 BigKrow moved page [[Manchester City moves two points behind Arsenal]] to [[Story/Manchester City moves two points behind Arsenal]] 2809145 wikitext text/x-wiki The football club, Manchester City moves two points behind Arsenal. {{stub}} [[Category:Wikinews]] hkmtnw3pick7rvxzdd5tz7brbzuh7cg 2809150 2809146 2026-05-14T12:10:18Z BigKrow 3069766 2809150 wikitext text/x-wiki This is a news article on football club Manchester City defeating Arsenal. The football club, Manchester City moves two points behind Arsenal. {{stub}} [[Category:Wikinews]] k3teiuoeyoeju5a33rsgzmrbwmb4df1 2809151 2809150 2026-05-14T12:10:53Z BigKrow 3069766 2809151 wikitext text/x-wiki This is a news article on football club Manchester City defeating Arsenal. The football club, Manchester City moves two points behind Arsenal. {{stub}} [[Category:Wikinews]] [[Category:Journalism]] ar7iqjsy9cectxuibr1948f6e9zh1e6 2809152 2809151 2026-05-14T12:11:06Z BigKrow 3069766 2809152 wikitext text/x-wiki This is a news article on football club Manchester City defeating Arsenal. The football club, Manchester City moves two points behind Arsenal. {{stub}} [[Category:Wikinews]] [[Category:Journalism]] airwaoqjvjuhl998sh3g3yh86hahn5j 2809153 2809152 2026-05-14T12:16:44Z BigKrow 3069766 2809153 wikitext text/x-wiki This is a news article on football club Manchester City defeating Crystal Palace. The football club, Manchester City moves two points behind Arsenal. == Sources == *[https://www.bbc.com/sport/football/live/c392jpw443kt?post=asset%3A98db54a8-705e-4bd1-873d-c1ddef95cb35 BBC] {{stub}} [[Category:Wikinews]] [[Category:Journalism]] q9o4z1qb5x9bu8lveivm71akblvjtrr 2809154 2809153 2026-05-14T12:18:29Z BigKrow 3069766 2809154 wikitext text/x-wiki This is a news article on football club Manchester City defeating Crystal Palace, 3-0. The football club, Manchester City moves two points behind Arsenal. == Sources == *[https://www.bbc.com/sport/football/live/c392jpw443kt?post=asset%3A98db54a8-705e-4bd1-873d-c1ddef95cb35 BBC] {{stub}} [[Category:Wikinews]] [[Category:Journalism]] 5im6elvt48jmgb5xnj07yzadrex9v8g Template:Walsh permutation/sequences/A023758/entries 10 329623 2809166 2809116 2026-05-14T12:26:21Z Watchduck 137431 2809166 wikitext text/x-wiki <templatestyles src="Template:Boolf triangles/style.css" /> {| class="wikitable boolf-triangle" style="text-align: center;" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 |- ! 1 | 1 |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |- ! 2 | 2 | 3 |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |- ! 3 | 4 | 6 | 7 |class="dummy"| |class="dummy"| |class="dummy"| |- ! 4 | 8 | 12 | 14 | 15 |class="dummy"| |class="dummy"| |- ! 5 | 16 | 24 | 28 | 30 | 31 |class="dummy"| |- ! 6 | 32 | 48 | 56 | 60 | 62 | 63 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] <noinclude> kwtb92111g3i8t85r45z5zf4p0bqpao 2809193 2809166 2026-05-14T15:22:29Z Watchduck 137431 2809193 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css" /> {| class="wikitable sequences" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 |- ! 1 | 1 |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |- ! 2 | 2 | 3 |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |- ! 3 | 4 | 6 | 7 |class="dummy"| |class="dummy"| |class="dummy"| |- ! 4 | 8 | 12 | 14 | 15 |class="dummy"| |class="dummy"| |- ! 5 | 16 | 24 | 28 | 30 | 31 |class="dummy"| |- ! 6 | 32 | 48 | 56 | 60 | 62 | 63 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] <noinclude> 4e2xnyr6a3mpt8a3wftycpiljngckg3 Template:Walsh permutation/sequences/A023758/diff 10 329624 2809137 2809113 2026-05-14T11:59:41Z Watchduck 137431 2809137 wikitext text/x-wiki <templatestyles src="Template:Boolf triangles/style.css" /> {| class="wikitable boolf-triangle" style="text-align: center;" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="sum"| sums |- ! 1 | 2−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 2−<span style="color: red;">1</span> || '''1''' |- ! 2 | 4−<span style="color: red;">2</span> | 4−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 8−<span style="color: red;">3</span> || '''5''' |- ! 3 | 8−<span style="color: red;">4</span> | 8−<span style="color: red;">2</span> | 8−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 24−<span style="color: red;">7</span> || '''17''' |- ! 4 | 16−<span style="color: red;">8</span> | 16−<span style="color: red;">4</span> | 16−<span style="color: red;">2</span> | 16−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="sum"| 64−<span style="color: red;">15</span> || '''49''' |- ! 5 | 32−<span style="color: red;">16</span> | 32−<span style="color: red;">8</span> | 32−<span style="color: red;">4</span> | 32−<span style="color: red;">2</span> | 32−<span style="color: red;">1</span> |class="dummy"| |class="sum"| 160−<span style="color: red;">31</span> || '''129''' |- ! 6 | 64−<span style="color: red;">32</span> | 64−<span style="color: red;">16</span> | 64−<span style="color: red;">8</span> | 64−<span style="color: red;">4</span> | 64−<span style="color: red;">2</span> | 64−<span style="color: red;">1</span> |class="sum"| 384−<span style="color: red;">63</span> || '''321''' |}<noinclude> [[Category:Walsh permutation; templates]] </noinclude> r3ffb38vvqq128t2c52y22rd9x5qt25 2809167 2809137 2026-05-14T12:26:31Z Watchduck 137431 2809167 wikitext text/x-wiki <templatestyles src="Template:Boolf triangles/style.css" /> {| class="wikitable boolf-triangle" style="text-align: center;" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="sum"| sums |- ! 1 | 2−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 2−<span style="color: red;">1</span> || '''1''' |- ! 2 | 4−<span style="color: red;">2</span> | 4−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 8−<span style="color: red;">3</span> || '''5''' |- ! 3 | 8−<span style="color: red;">4</span> | 8−<span style="color: red;">2</span> | 8−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 24−<span style="color: red;">7</span> || '''17''' |- ! 4 | 16−<span style="color: red;">8</span> | 16−<span style="color: red;">4</span> | 16−<span style="color: red;">2</span> | 16−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="sum"| 64−<span style="color: red;">15</span> || '''49''' |- ! 5 | 32−<span style="color: red;">16</span> | 32−<span style="color: red;">8</span> | 32−<span style="color: red;">4</span> | 32−<span style="color: red;">2</span> | 32−<span style="color: red;">1</span> |class="dummy"| |class="sum"| 160−<span style="color: red;">31</span> || '''129''' |- ! 6 | 64−<span style="color: red;">32</span> | 64−<span style="color: red;">16</span> | 64−<span style="color: red;">8</span> | 64−<span style="color: red;">4</span> | 64−<span style="color: red;">2</span> | 64−<span style="color: red;">1</span> |class="sum"| 384−<span style="color: red;">63</span> || '''321''' |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 5dyajs74irj0z8s9z7yv8ral1ui7key 2809196 2809167 2026-05-14T15:26:20Z Watchduck 137431 2809196 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css" /> {| class="wikitable sequences" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="border"| sums |- ! 1 | 2−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| 2−<span style="color: red;">1</span> || 1 |- ! 2 | 4−<span style="color: red;">2</span> | 4−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| 8−<span style="color: red;">3</span> || 5 |- ! 3 | 8−<span style="color: red;">4</span> | 8−<span style="color: red;">2</span> | 8−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| 24−<span style="color: red;">7</span> || 17 |- ! 4 | 16−<span style="color: red;">8</span> | 16−<span style="color: red;">4</span> | 16−<span style="color: red;">2</span> | 16−<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="border"| 64−<span style="color: red;">15</span> || 49 |- ! 5 | 32−<span style="color: red;">16</span> | 32−<span style="color: red;">8</span> | 32−<span style="color: red;">4</span> | 32−<span style="color: red;">2</span> | 32−<span style="color: red;">1</span> |class="dummy"| |class="border"| 160−<span style="color: red;">31</span> || 129 |- ! 6 | 64−<span style="color: red;">32</span> | 64−<span style="color: red;">16</span> | 64−<span style="color: red;">8</span> | 64−<span style="color: red;">4</span> | 64−<span style="color: red;">2</span> | 64−<span style="color: red;">1</span> |class="border"| 384−<span style="color: red;">63</span> || 321 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> moy3ik0oagihto573xyu4itbar2r79m Template:Walsh permutation/sequences/A023758/prod 10 329625 2809141 2809112 2026-05-14T12:05:28Z Watchduck 137431 2809141 wikitext text/x-wiki <templatestyles src="Template:Boolf triangles/style.css" /> {| class="wikitable boolf-triangle" style="text-align: center;" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="sum"| products |- ! 1 | 1·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 1·<span style="color: red;">1</span> || '''1''' |- ! 2 | 1·<span style="color: red;">2</span> | 3·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 3·<span style="color: red;">2</span> || '''6''' |- ! 3 | 1·<span style="color: red;">4</span> | 3·<span style="color: red;">2</span> | 7·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 21·<span style="color: red;">8</span> || '''168''' |- ! 4 | 1·<span style="color: red;">8</span> | 3·<span style="color: red;">4</span> | 7·<span style="color: red;">2</span> | 15·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="sum"| 315·<span style="color: red;">64</span> || '''20160''' |- ! 5 | 1·<span style="color: red;">16</span> | 3·<span style="color: red;">8</span> | 7·<span style="color: red;">4</span> | 15·<span style="color: red;">2</span> | 31·<span style="color: red;">1</span> |class="dummy"| |class="sum"| 9765·<span style="color: red;">1024</span> || '''9999360''' |- ! 6 | 1·<span style="color: red;">32</span> | 3·<span style="color: red;">16</span> | 7·<span style="color: red;">8</span> | 15·<span style="color: red;">4</span> | 31·<span style="color: red;">2</span> | 63·<span style="color: red;">1</span> |class="sum"| 615195·<span style="color: red;">32768</span> || '''20158709760''' |}<noinclude> [[Category:Walsh permutation; templates]] </noinclude> osz57sdndewbh21bx1ylcfiwwma7kzm 2809168 2809141 2026-05-14T12:26:42Z Watchduck 137431 2809168 wikitext text/x-wiki <templatestyles src="Template:Boolf triangles/style.css" /> {| class="wikitable boolf-triangle" style="text-align: center;" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="sum"| products |- ! 1 | 1·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 1·<span style="color: red;">1</span> || '''1''' |- ! 2 | 1·<span style="color: red;">2</span> | 3·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 3·<span style="color: red;">2</span> || '''6''' |- ! 3 | 1·<span style="color: red;">4</span> | 3·<span style="color: red;">2</span> | 7·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 21·<span style="color: red;">8</span> || '''168''' |- ! 4 | 1·<span style="color: red;">8</span> | 3·<span style="color: red;">4</span> | 7·<span style="color: red;">2</span> | 15·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="sum"| 315·<span style="color: red;">64</span> || '''20160''' |- ! 5 | 1·<span style="color: red;">16</span> | 3·<span style="color: red;">8</span> | 7·<span style="color: red;">4</span> | 15·<span style="color: red;">2</span> | 31·<span style="color: red;">1</span> |class="dummy"| |class="sum"| 9765·<span style="color: red;">1024</span> || '''9999360''' |- ! 6 | 1·<span style="color: red;">32</span> | 3·<span style="color: red;">16</span> | 7·<span style="color: red;">8</span> | 15·<span style="color: red;">4</span> | 31·<span style="color: red;">2</span> | 63·<span style="color: red;">1</span> |class="sum"| 615195·<span style="color: red;">32768</span> || '''20158709760''' |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> ox2gapeloxa7crd6uop1y13h5c4iyxo 2809190 2809168 2026-05-14T15:21:07Z Watchduck 137431 2809190 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css" /> {| class="wikitable sequences" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="sum"| products |- ! 1 | 1·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 1·<span style="color: red;">1</span> || 1 |- ! 2 | 1·<span style="color: red;">2</span> | 3·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 3·<span style="color: red;">2</span> || 6 |- ! 3 | 1·<span style="color: red;">4</span> | 3·<span style="color: red;">2</span> | 7·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="sum"| 21·<span style="color: red;">8</span> || 168 |- ! 4 | 1·<span style="color: red;">8</span> | 3·<span style="color: red;">4</span> | 7·<span style="color: red;">2</span> | 15·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="sum"| 315·<span style="color: red;">64</span> || 20160 |- ! 5 | 1·<span style="color: red;">16</span> | 3·<span style="color: red;">8</span> | 7·<span style="color: red;">4</span> | 15·<span style="color: red;">2</span> | 31·<span style="color: red;">1</span> |class="dummy"| |class="sum"| 9765·<span style="color: red;">1024</span> || 9999360 |- ! 6 | 1·<span style="color: red;">32</span> | 3·<span style="color: red;">16</span> | 7·<span style="color: red;">8</span> | 15·<span style="color: red;">4</span> | 31·<span style="color: red;">2</span> | 63·<span style="color: red;">1</span> |class="sum"| 615195·<span style="color: red;">32768</span> || 20158709760 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 1wtr64nzz0pwssgukspzlabwmndlm1h 2809195 2809190 2026-05-14T15:25:57Z Watchduck 137431 2809195 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css" /> {| class="wikitable sequences" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="border"| products |- ! 1 | 1·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| 1·<span style="color: red;">1</span> || 1 |- ! 2 | 1·<span style="color: red;">2</span> | 3·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| 3·<span style="color: red;">2</span> || 6 |- ! 3 | 1·<span style="color: red;">4</span> | 3·<span style="color: red;">2</span> | 7·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| 21·<span style="color: red;">8</span> || 168 |- ! 4 | 1·<span style="color: red;">8</span> | 3·<span style="color: red;">4</span> | 7·<span style="color: red;">2</span> | 15·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="border"| 315·<span style="color: red;">64</span> || 20160 |- ! 5 | 1·<span style="color: red;">16</span> | 3·<span style="color: red;">8</span> | 7·<span style="color: red;">4</span> | 15·<span style="color: red;">2</span> | 31·<span style="color: red;">1</span> |class="dummy"| |class="border"| 9765·<span style="color: red;">1024</span> || 9999360 |- ! 6 | 1·<span style="color: red;">32</span> | 3·<span style="color: red;">16</span> | 7·<span style="color: red;">8</span> | 15·<span style="color: red;">4</span> | 31·<span style="color: red;">2</span> | 63·<span style="color: red;">1</span> |class="border"| 615195·<span style="color: red;">32768</span> || 20158709760 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 88npa34r3kjor6gif60p7o11pvtqjb3 2809224 2809195 2026-05-14T16:22:03Z Watchduck 137431 2809224 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css" /> {| class="wikitable sequences" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="border"| products |- ! 1 | 1·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">1</span>·<span style="color: red;">1</span> || 1 |- ! 2 | 1·<span style="color: red;">2</span> | 3·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">3</span>·<span style="color: red;">2</span> || 6 |- ! 3 | 1·<span style="color: red;">4</span> | 3·<span style="color: red;">2</span> | 7·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">21</span>·<span style="color: red;">8</span> || 168 |- ! 4 | 1·<span style="color: red;">8</span> | 3·<span style="color: red;">4</span> | 7·<span style="color: red;">2</span> | 15·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">315</span>·<span style="color: red;">64</span> || 20160 |- ! 5 | 1·<span style="color: red;">16</span> | 3·<span style="color: red;">8</span> | 7·<span style="color: red;">4</span> | 15·<span style="color: red;">2</span> | 31·<span style="color: red;">1</span> |class="dummy"| |class="border"| <span class="mers-prod">9765</span>·<span style="color: red;">1024</span> || 9999360 |- ! 6 | 1·<span style="color: red;">32</span> | 3·<span style="color: red;">16</span> | 7·<span style="color: red;">8</span> | 15·<span style="color: red;">4</span> | 31·<span style="color: red;">2</span> | 63·<span style="color: red;">1</span> |class="border"| <span class="mers-prod">615195</span>·<span style="color: red;">32768</span> || 20158709760 |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> c09c5dwv7krxu4fnhigwy43bzu27ked 2809301 2809224 2026-05-14T20:38:07Z Watchduck 137431 2809301 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css" /> {| class="wikitable sequences" ! {{diagonal split header|''{{{1|n}}}''|''{{{2|k}}}''}} !! 1 !! 2 !! 3 !! 4 !! 5 !! 6 !!colspan="2" class="border"| products |- ! 1 | 1·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">1</span>·<span style="color: red;">1</span> || <span class="main">1</span> |- ! 2 | 1·<span style="color: red;">2</span> | 3·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">3</span>·<span style="color: red;">2</span> || <span class="main">6</span> |- ! 3 | 1·<span style="color: red;">4</span> | 3·<span style="color: red;">2</span> | 7·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">21</span>·<span style="color: red;">8</span> || <span class="main">168</span> |- ! 4 | 1·<span style="color: red;">8</span> | 3·<span style="color: red;">4</span> | 7·<span style="color: red;">2</span> | 15·<span style="color: red;">1</span> |class="dummy"| |class="dummy"| |class="border"| <span class="mers-prod">315</span>·<span style="color: red;">64</span> || <span class="main">20160</span> |- ! 5 | 1·<span style="color: red;">16</span> | 3·<span style="color: red;">8</span> | 7·<span style="color: red;">4</span> | 15·<span style="color: red;">2</span> | 31·<span style="color: red;">1</span> |class="dummy"| |class="border"| <span class="mers-prod">9765</span>·<span style="color: red;">1024</span> || <span class="main">9999360</span> |- ! 6 | 1·<span style="color: red;">32</span> | 3·<span style="color: red;">16</span> | 7·<span style="color: red;">8</span> | 15·<span style="color: red;">4</span> | 31·<span style="color: red;">2</span> | 63·<span style="color: red;">1</span> |class="border"| <span class="mers-prod">615195</span>·<span style="color: red;">32768</span> || <span class="main">20158709760</span> |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> qiuqqcacjg8knfjm7hps1hc8z72o4zq User:Dekatriofovia/Temporary ND Inspired Idea Notebook 2 329626 2809449 2809115 2026-05-15T10:20:33Z Dekatriofovia 3058633 /* Temporary "Diary" */ May 15, 2026, Friday. More of this diary perhaps later in the day? 2809449 wikitext text/x-wiki The main diary is here: [[User:ThinkingScience/ND_Inspired_Idea_Notebook|Daily Diary of ND Inspired Idea]] The reason for this temporary diary is until I get my new monitor so I can use the account which makes it easier for my back, my health to prosper.(I need to look down at the computer right now and my shoulders get more tense due to the stress of having my hands more forward rather than relaxed) which I see as a problem) == Temporary "Diary" == All times are in UTC. === May 14, 2026, Thursday === Today renewed interest, considering doing something more regarding [[Draft:The Neurodiversity-inspired Idea/Method development through video notes]]. It's not technically hard. It's emotionally hard because I'm doing something that I am not very sure will respect the people in a "Do no harm" way. It's a difficult "grey line" to tread. As long as I am respectful this will work fine. I'm only planning to be respectful to the people I'm making notes about, let's see what more happens today. === May 15, 2026, Friday === 10:18 Well today I should or I'd like to try watching the 2 videos I posted again. Today without any sound, including any video I see unless it's a movie I guess. Reasoning for that: listening to people talk can sometimes be a distraction when you're trying to figure out if I can "see" something that I can't see while having sound on. Sound can be a distraction sometimes for something I'm trying to see in video. 7p0mf2u1tbobz1txqfmdicxrxxs62mv Template:Walsh permutation/sequences/A023758 10 329627 2809142 2809136 2026-05-14T12:06:42Z Watchduck 137431 2809142 wikitext text/x-wiki {| class="wikitable" | T(''n'', ''k'') = 2<sup>''n''</sup> − <span style="color: red;">2<sup>''n'' − ''k''</sup></span> | The sum of row ''n'' is {{oeis|A000337}}(''n'') = ''n'' · 2<sup>''n''</sup> − <span style="color: red;">(2<sup>''n''</sup> − 1)</span>. {{spaces|3}}</small> |- | T(''n'', ''k'') = (2<sup>''k''</sup> − 1) · <span style="color: red;">2<sup>''n'' − ''k''</sup></span> | The product of row ''n'' is {{oeis|A002884}}(''n'') = {{oeis|A005329}}(''n'') · {{oeis|A006125}}(''n'').</small> |} {| | {{Walsh permutation/sequences/A023758/entries}} |style="padding-left: 50px;"| {{Walsh permutation/sequences/A023758/diff}} |style="padding-left: 50px;"| {{Walsh permutation/sequences/A023758/prod}} |} <noinclude> [[Category:Walsh permutation; templates]] </noinclude> bm8ehz4zed24g1a21ava4ccmcwiec6x 2809162 2809142 2026-05-14T12:23:44Z Watchduck 137431 2809162 wikitext text/x-wiki {| class="wikitable" | T(''n'', ''k'') = 2<sup>''n''</sup> − <span style="color: red;">2<sup>''n'' − ''k''</sup></span> | The sum of row ''n'' is {{oeis|A000337}}(''n'') = ''n'' · 2<sup>''n''</sup> − <span style="color: red;">(2<sup>''n''</sup> − 1)</span>. {{spaces|3}}</small> |- | T(''n'', ''k'') = (2<sup>''k''</sup> − 1) · <span style="color: red;">2<sup>''n'' − ''k''</sup></span> | The product of row ''n'' is {{oeis|A002884}}(''n'') = {{oeis|A005329}}(''n'') · {{oeis|A006125}}(''n'').</small> |} {| | {{Walsh permutation/sequences/A023758/entries}} |style="padding-left: 50px;"| {{Walsh permutation/sequences/A023758/diff}} |style="padding-left: 50px;"| {{Walsh permutation/sequences/A023758/prod}} |}<noinclude> [[Category:Integer sequences related to Walsh permutations]] </noinclude> 0pm7623fe2fe55b1oct2hgmimm4mpap 2809165 2809162 2026-05-14T12:26:06Z Watchduck 137431 2809165 wikitext text/x-wiki {| class="wikitable" | T(''n'', ''k'') = 2<sup>''n''</sup> − <span style="color: red;">2<sup>''n'' − ''k''</sup></span> | The sum of row ''n'' is {{oeis|A000337}}(''n'') = ''n'' · 2<sup>''n''</sup> − <span style="color: red;">(2<sup>''n''</sup> − 1)</span>. {{spaces|3}}</small> |- | T(''n'', ''k'') = (2<sup>''k''</sup> − 1) · <span style="color: red;">2<sup>''n'' − ''k''</sup></span> | The product of row ''n'' is {{oeis|A002884}}(''n'') = {{oeis|A005329}}(''n'') · {{oeis|A006125}}(''n'').</small> |} {| | {{Walsh permutation/sequences/A023758/entries}} |style="padding-left: 50px;"| {{Walsh permutation/sequences/A023758/diff}} |style="padding-left: 50px;"| {{Walsh permutation/sequences/A023758/prod}} |}<noinclude> {{separator}} * {{tl|Walsh permutation/sequences/A023758/entries}} * {{tl|Walsh permutation/sequences/A023758/diff}} * {{tl|Walsh permutation/sequences/A023758/prod}} [[Category:Integer sequences related to Walsh permutations]] </noinclude> e4zwirxy2io1k627naqqthvrbm968y5 Category:Integer sequences related to Walsh permutations 14 329630 2809156 2026-05-14T12:21:05Z Watchduck 137431 Created page with "[[Category:Integer sequences]] [[Category:Walsh permutation]]" 2809156 wikitext text/x-wiki [[Category:Integer sequences]] [[Category:Walsh permutation]] ji8nzlpyd93w4iv7jvkri1fnifh5xcs File:VLSI.Arith.2A.CLA.20260514.pdf 6 329631 2809172 2026-05-14T13:42:28Z Young1lim 21186 {{Information |Description=Carry Lookahead Adders 2A traditional (20260514- 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} 2809172 wikitext text/x-wiki == Summary == {{Information |Description=Carry Lookahead Adders 2A traditional (20260514- 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} imalyetiaigmes3o2f69tctgck9geam File:VLSI.Arith.2B.CLA.20260514.pdf 6 329632 2809173 2026-05-14T13:43:35Z Young1lim 21186 {{Information |Description=Carry Lookahead Adders 2B simplified (20260514 - 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} 2809173 wikitext text/x-wiki == Summary == {{Information |Description=Carry Lookahead Adders 2B simplified (20260514 - 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} == Licensing == {{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} pz70s47hv86qni3mmmbijdyrbzoh096 File:C04.SA0.PtrOperator.1A.20260514.pdf 6 329633 2809177 2026-05-14T14:01:48Z Young1lim 21186 {{Information |Description=C04.SA0: Address and Dereference Operators (20260514 - 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} 2809177 wikitext text/x-wiki == Summary == {{Information |Description=C04.SA0: Address and Dereference Operators (20260514 - 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} == Licensing == {{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} s69fcsehw8oi8ik3whpz366x17qrsj9 File:Laurent.5.Permutation.6C.20260514.pdf 6 329634 2809179 2026-05-14T14:07:43Z Young1lim 21186 {{Information |Description=Laurent.5: Permutation 6C (2026514 - 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} 2809179 wikitext text/x-wiki == Summary == {{Information |Description=Laurent.5: Permutation 6C (2026514 - 20260513) |Source={{own|Young1lim}} |Date=2026-05-14 |Author=Young W. Lim |Permission={{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} }} == Licensing == {{self|GFDL|cc-by-sa-4.0,3.0,2.5,2.0,1.0}} bsnct77lal89y1sxk4ici8xsogwf0r5 Electromagnetic field of ball 0 329635 2809227 2026-05-14T16:30:27Z Fedosin 196292 Created page with "'''Electromagnetic field of ball''', if we do not take into account the influence of external fields and the environment, is completely determined by the equation of motion of electric charges in the substance of the ball and by [[Maxwell's equations]]. Due to the symmetry of the ball, the components of the electromagnetic field are most simply expressed in terms of spherical coordinates <math>~ r, \; \theta, \; \phi. </math> However, in spherical coordinates, the scalar..." 2809227 wikitext text/x-wiki '''Electromagnetic field of ball''', if we do not take into account the influence of external fields and the environment, is completely determined by the equation of motion of electric charges in the substance of the ball and by [[Maxwell's equations]]. Due to the symmetry of the ball, the components of the electromagnetic field are most simply expressed in terms of spherical coordinates <math>~ r, \; \theta, \; \phi. </math> However, in spherical coordinates, the scalar and vector Laplace operators, the gradient of a scalar function, the divergence, and the curl of a three-dimensional vector do not have the same form as their corresponding expressions in Cartesian coordinates. For the [[w:electric potential | electric scalar potential]] <math>~ \varphi </math> and for the [[w:magnetic vector potential |magnetic vector potential]] <math>~ \mathbf A </math> of a uniformly charged ball rotating about its axis, the following equations follow from Maxwell's equations in homogeneous and isotropic media: :<math>~ \Delta \varphi - \frac {\varepsilon \mu }{c^2} \frac {\partial^2 \varphi }{\partial t^2} = -\frac {\gamma \rho_{0q}}{\varepsilon \varepsilon_0 }, \qquad (1) </math> :<math>~ \Delta \mathbf A - \frac {\varepsilon \mu }{c^2} \frac {\partial^2 \mathbf A }{\partial t^2} = -\frac {\mu \gamma \rho_{0q}}{\varepsilon_0 c^2} \mathbf v, \qquad (2) </math> where <math>~ \Delta </math> is the [[w:Laplace operator |Laplace operator]]; <math>~ \gamma </math> is the [[w:Lorentz factor |Lorentz factor]]; <math>~ \rho_{0q} </math> is the invariant charge density of the ball; <math>~ \varepsilon </math> is the [[w:relative permittivity| relative permittivity ]]; <math>~ \varepsilon_0 </math> is the [[electric constant]]; <math>~ c </math> is the speed of light; <math>~ \mu </math> is the [[w:relative permeability |relative permeability]]; <math>~ \mathbf v </math> is the linear velocity of rotation of a charged element of matter taken in the volume of the ball. In this case, the Lorentz gauge condition is written as follows: :<math>~ \nabla \cdot \mathbf A + \frac {\varepsilon \mu }{c^2} \frac {\partial \varphi }{\partial t} =0. \qquad (3) </math> The [[w:electric field |electric field strength]] <math>~ \mathbf E </math> and the [[w:magnetic field |magnetic field]] <math>~ \mathbf B </math> are expressed in terms of the scalar and vector potentials: :<math>~ \mathbf E = -\nabla \varphi -\frac {\partial \mathbf A }{\partial t}.\qquad (4) </math> :<math>~ \mathbf B = \nabla \times \mathbf A.\qquad (5) </math> When the ball is rotating at a constant angular velocity, the field is stationary and does not depend on time. This implies that all time derivatives in (1-4) are equal to zero. The relative permittivity <math>~ \varepsilon </math> in the ball's substance and in the surrounding medium may have different values. The same applies to the relative permeability <math>~ \mu </math>. For the sake of simplicity, the results presented below correspond to the values <math>~ \varepsilon =1</math>, <math>~ \mu=1 </math> for the case where phenomena such as [[w:polarizability| polarizability ]], [[w:magnetization |magnetization]] and [[w:electrical resistivity and conductivity |electrical conductivity]] are not taken into account inside and outside the ball. It is also assumed that all electromagnetic quantities are independent of time. == Fixed ball== For a fixed uniformly charged ball, in (1) and in (4), <math>~ \gamma =1</math> , and the electric potential and electric field strength inside the ball are equal:<ref>Feynman R., Leighton R. and Sands M. The Feynman Lectures on Physics. Vol. 2 (1964). Addison-Wesley, Massachusetts, Palo Alto, London. </ref> <ref > Sergey G. Fedosin. The Electromagnetic Field of a Rotating Relativistic Uniform System. Chapter 2 in the book: Horizons in World Physics. Volume 306. Edited by Albert Reimer, New York, Nova Science Publishers Inc, pp. 53-128 (2021), ISBN: 978-1-68507-077-9, 978-1-68507-088-5 (e-book). https://doi.org/10.52305/RSRF2992. </ref> :<math>~ \varphi_i = \frac { \rho_{0q} \left( 3a^2-r^2 \right)}{6 \varepsilon_0 } , </math> :<math>~ \mathbf E_i = \frac { \rho_{0q} r }{3\varepsilon_0 } \mathbf e_r , </math> where <math>~ a </math> is the radius of the ball; <math>~ \mathbf e_r </math> is a unit vector directed along the radial coordinate <math>~ r </math>. At the center of the ball, where <math>~ r =0</math>, the potential <math>~ \varphi_i </math> has a maximum value, and on the surface of the ball, where <math>~ r = a </math>, the potential decreases by one and a half. The internal electric field <math>~ \mathbf E_i </math> is zero at the center of the ball and increases proportionally to the radial coordinate <math>~ r </math>. The corresponding external electric potential and electric field strength outside the ball are as follows: :<math>~ \varphi_o = \frac { \rho_{0q } a^3 }{3 \varepsilon_0 r}, </math> :<math>~ \mathbf E_o = \frac { \rho_{0q} a^3 }{3\varepsilon_0 r^2 } \mathbf e_r . </math> Due to the absence of motion of electric charges in the fixed ball, the vector potential and magnetic induction are equal to zero throughout the system. == Rotating ball== ===Scalar potential and electric field=== When a ball rotates with a constant angular velocity <math>~ \omega </math>, the Lorentz factor of the charged particles becomes a function of the radial coordinate <math>~ r</math> and the angle <math>~ \theta </math>: :<math>~ \gamma = \frac {1}{ \sqrt {1-v^2/c^2} }= \frac {1}{ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} }} .</math> Taking this into account, the solution of equation (1) for the scalar potential, as well as equation (4) for the components of the electric field strength inside a rotating uniformly charged ball in spherical coordinates, is as follows: <ref >Fedosin S.G. Electric field of rotating uniformly charged ball. TechRxiv. November 11, 2025. https://doi.org/10.36227/techrxiv.176289249.96428033/v1. </ref> :<math>~ \varphi_i \approx \frac {\rho_{0q} a^2}{2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^2 a^4}{12 c^2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^4 a^6}{30 c^4 \varepsilon_0 }+\frac { c^2 \rho_{0q} }{ \omega^2 \varepsilon_0 } \left[ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } -1+ \ln 2 - \ln \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) \right] -</math> :<math>~-\left( \frac {\rho_{0q} }{12 \varepsilon_0 } + \frac {\rho_{0q} \omega^2 a^2 }{60 c^2 \varepsilon_0 } + \frac {\rho_{0q}\omega^4 a^4 }{140 c^4 \varepsilon_0 } \right) r^2 \left( 3 \cos^2 \theta -1 \right) + \left(\frac {\rho_{0q}\omega^2 }{1120 c^2 \varepsilon_0 } + \frac {\rho_{0q}\omega^4 a^2 }{1680 c^4 \varepsilon_0 } \right) r^4 \left( 35 \cos^4 \theta -30 \cos^2 \theta +3 \right) - </math> :<math>~-\frac {\rho_{0q}\omega^4 r^6}{22176 c^4 \varepsilon_0 } \left( 231\cos^6 \theta -315 \cos^4 \theta +105 \cos^2 \theta -5 \right). </math> :<math>~E_{ir} \approx \left( \frac {\rho_{0q } }{6 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^2 }{30 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^4 }{70 c^4 \varepsilon_0 } \right) r \left( 3 \cos^2 \theta -1 \right) +\frac {\rho_{0q } r \sin^2 \theta} {\varepsilon_0 \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) } - </math> :<math>~- \left(\frac {\rho_{0q }\omega^2 }{280 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^2 }{420 c^4 \varepsilon_0 } \right) r^3 \left(35 \cos^4 \theta - 30 \cos^2 \theta +3 \right) + \frac {\rho_{0q }\omega^4 }{3696 c^4 \varepsilon_0 } r^5 \left(231\cos^6 \theta - 315 \cos^4 \theta + 105 \cos^2 \theta -5 \right). </math> :<math>~E_{i \theta } \approx - \left( \frac {\rho_{0q } }{2 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^2 }{10 c^2 \varepsilon_0 }+ \frac {3 \rho_{0q }\omega^4 a^4 }{70 c^4 \varepsilon_0 } \right) r \sin \theta \cos \theta +\frac {\rho_{0q } r \sin \theta \cos \theta } {\varepsilon_0 \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) } + </math> :<math>~+ \left(\frac {\rho_{0q }\omega^2 }{56 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^2 }{84 c^4 \varepsilon_0 } \right) r^3 \sin \theta \cos \theta \left(7 \cos^2 \theta -3 \right) - \frac {\rho_{0q }\omega^4 }{528 c^4 \varepsilon_0 } r^5 \sin \theta \cos \theta \left( 33 \cos^4 \theta - 30 \cos^2 \theta +5 \right). </math> :<math>~ E_{i \phi }=0. </math> Outside the rotating ball, the scalar potential and electric field strength are given by the following formulas: :<math>~ \varphi_o \approx \frac {1}{r}\left( \frac {\rho_{0q} a^3}{3 \varepsilon_0 }+ \frac {\rho_{0q} \omega^2 a^5}{15 c^2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^4 a^7}{35 c^4 \varepsilon_0 } \right) - \frac {1}{r^3} \left( \frac {\rho_{0q} \omega^2 a^7 }{210 c^2 \varepsilon_0 } +\frac {\rho_{0q}\omega^4 a^9 }{315 c^4 \varepsilon_0 } \right) \left( 3 \cos^2 \theta -1 \right) +</math> :<math>~ + \frac {\rho_{0q}\omega^4 a^{11} }{9240 c^4 \varepsilon_0 r^5} \left( 35 \cos^4 \theta -30 \cos^2 \theta +3 \right). </math> :<math>~E_{or} \approx \frac {1}{r^2} \left( \frac {\rho_{0q }a^3 }{3 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^5 }{15 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^7 }{35 c^4 \varepsilon_0 } \right) -\frac {1}{r^4} \left( \frac {\rho_{0q }\omega^2 a^7 }{70 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^9 }{105 c^4 \varepsilon_0 }\right) \left( 3 \cos^2 \theta -1 \right) +</math> :<math>~ + \frac {\rho_{0q }\omega^4 a^{11} }{1848 c^4 \varepsilon_0 r^6 } \left(35 \cos^4 \theta - 30 \cos^2 \theta +3 \right) . </math> :<math>~E_{o \theta} \approx - \frac {1}{r^4} \left( \frac {\rho_{0q }\omega^2 a^7 }{35 c^2 \varepsilon_0 }+ \frac {2\rho_{0q }\omega^4 a^9 }{105 c^4 \varepsilon_0 }\right) \sin \theta \cos \theta + \frac {\rho_{0q }\omega^4 a^{11} }{462 c^4 \varepsilon_0 r^6 } sin \theta \cos \theta \left(7 \cos^2 \theta -3 \right) . </math> :<math>~ E_{o \phi }=0. </math> ===Vector potential and magnetic field=== The components of the vector potential <math>~ \mathbf A </math> and magnetic induction <math>~ \mathbf B </math> inside a uniformly charged ball rotating about its axis are given by equations (2) and (5) as follows:<ref> Fedosin S.G. Analysis of solution of equations for magnetic field of rotating ball using polynomials. Discover Physics, Vol. 2, 5 (2026). https://doi.org/10.1007/s44418-026-00008-w, https://rdcu.be/fgOlw. TechRxiv. October 22, 2025. https://doi.org/10.36227/techrxiv.176116289.93994332/v1. </ref> :<math>~ \mathbf A_{ir} = 0. \qquad \mathbf A_{i \theta} = 0. </math> :<math>~ \mathbf A_{i \phi} \approx \frac {c^2 \rho_{0q } }{3\varepsilon_0 \omega^3 r \sin \theta } -\frac { c^2 \rho_{0q } \left( 1-\frac {\omega^2 r^2 \sin^2 \theta }{ c^2 } \right)^{3/2} } {3\varepsilon_0 \omega^3 r \sin \theta } - \frac {\rho_{0q } r \sin \theta }{2\varepsilon_0 \omega } \left( 1- \frac {\omega ^2 a^2}{ 3c^2 } - \frac {\omega ^4 a^4}{ 15c^4 }- \frac {\omega ^6 a^6}{ 35c^6 } \right) -</math> :<math>~- \frac {\rho_{0q } \omega r^3 \sin \theta \left( 5 \cos^2 \theta -1 \right)}{40 c^2\varepsilon_0 } \left( 1+ \frac {2\omega ^2 a^2}{ 7c^2 } + \frac {\omega ^4 a^4}{ 7c^4 } \right) + \frac {\rho_{0q } \omega^3 r^5 \sin \theta \left( 21\cos^4 \theta -14\cos^2 \theta +1 \right)}{1008 c^4\varepsilon_0 } \left( 1+ \frac {9\omega ^2 a^2}{ 11c^2 } \right)-</math> :<math>~-\frac {\rho_{0q } \omega^5 r^7 \sin \theta \left( 429\cos^6 \theta -495\cos^4 \theta +135\cos^2 \theta -5 \right)}{54912 c^6\varepsilon_0 }.</math> :<math>~ \mathbf B_{ir} \approx \frac {\rho_{0q} \cos \theta \sqrt {1-\frac{\omega^2 r^2 \sin^2 \theta }{c^2}}} {\varepsilon_0 \omega } - \frac {\rho_{0q} \cos \theta} {\varepsilon_0 \omega } \left( 1- \frac {\omega^2 a^2 }{3c^2} - \frac {\omega^4 a^4 }{15c^4} -\frac {\omega^6 a^6 }{35c^6} \right) -</math> :<math>~- \frac {\rho_{0q} \omega r^2 \cos \theta \left(5 \cos^2 \theta -3 \right) } {10 c^2 \varepsilon_0 } \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) + \frac {\rho_{0q} \omega^3 r^4 \cos \theta \left( 63 \cos^4 \theta -70 \cos^2 \theta +15 \right) } {504 c^4 \varepsilon_0 } \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right)- </math> :<math>~-\frac {\rho_{0q} \omega^5 r^6 \cos \theta \left( 429 \cos^6 \theta - 693 \cos^4 \theta +315 \cos^2 \theta -35 \right) } {6864 c^6 \varepsilon_0 }. </math> :<math>~ \mathbf B_{i \theta} \approx -\frac {\rho_{0q} \sin \theta \sqrt {1-\frac{\omega^2 r^2 \sin^2 \theta }{c^2}}} {\varepsilon_0 \omega } + \frac {\rho_{0q} \sin \theta} {\varepsilon_0 \omega } \left( 1- \frac {\omega^2 a^2 }{3c^2} - \frac {\omega^4 a^4 }{15c^4} -\frac {\omega^6 a^6 }{35c^6} \right) +</math> :<math>~+ \frac {\rho_{0q} \omega r^2 \sin \theta \left(5 \cos^2 \theta -1 \right) } {10 c^2 \varepsilon_0 } \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) - \frac {\rho_{0q} \omega^3 r^4 \sin \theta \left( 21 \cos^4 \theta -14 \cos^2 \theta +1 \right) } {168 c^4 \varepsilon_0 } \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right) + </math> :<math>~+\frac {\rho_{0q} \omega^5 r^6 \sin \theta \left( 429 \cos^6 \theta - 495 \cos^4 \theta +135 \cos^2 \theta -5 \right) } {6864 c^6 \varepsilon_0 }. </math> :<math>~ \mathbf B_{i \phi}=0. </math> The components of the external vector potential and magnetic induction of a rotating charged ball are determined by the following formulas: :<math>~ \mathbf A_{or} = 0. \qquad \mathbf A_{o \theta} = 0. </math> :<math>~ \mathbf A_{o \phi} \approx \frac {\rho_{0q} \omega a^5}{15 c^2 \varepsilon_0 } \frac {\sin \theta }{r^2} \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) - \frac {\rho_{0q} \omega^3 a^9}{630 c^4 \varepsilon_0 } \frac {\sin \theta \left( 5 \cos^2 \theta -1 \right)}{r^4} \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right)+ </math> :<math>~+\frac {\rho_{0q} \omega^5 a^{13}}{8008 c^6 \varepsilon_0 } \frac {\sin \theta \left( 21 cos^4 \theta -14 \cos^2 \theta +1 \right)}{r^6}.</math> :<math>~ \mathbf B_{or} \approx \frac {2 \rho_{0q} \omega a^5 }{15 c^2 \varepsilon_0 } \frac {\cos \theta }{r^3} \left( 1+ \frac {2\omega^2 a^2 }{7 c^2} +\frac {\omega^4 a^4 }{7 c^4} \right) -\frac {2 \rho_{0q} \omega^3 a^9 }{315 c^4 \varepsilon_0 } \frac {\cos \theta }{r^5} \left( 5 cos^2 \theta -3 \right) \left( 1+ \frac {9\omega^2 a^2 }{11 c^2} \right) +</math> :<math>~ +\frac { \rho_{0q} \omega^5 a^{13} }{4004 c^6 \varepsilon_0 } \frac {\cos \theta }{r^7} \left( 63cos^4 \theta -70 cos^2 \theta +15 \right). </math> :<math>~ \mathbf B_{o \theta } \approx \frac {\rho_{0q} \omega a^5 }{15 c^2 \varepsilon_0 } \frac {\sin \theta }{r^3} \left( 1+ \frac {2\omega^2 a^2 }{7 c^2} +\frac {\omega^4 a^4 }{7 c^4} \right) -\frac { \rho_{0q} \omega^3 a^9 }{210 c^4 \varepsilon_0 } \frac {\sin \theta }{r^5} \left( 5 cos^2 \theta -1 \right) \left( 1+ \frac {9\omega^2 a^2 }{11 c^2} \right) +</math> :<math>~ +\frac { 5 \rho_{0q} \omega^5 a^{13} }{8008 c^6 \varepsilon_0 } \frac {\sin \theta }{r^7} \left( 21cos^4 \theta -14 cos^2 \theta +1 \right). </math> :<math>~ \mathbf B_{o \phi } = 0. </math> == References == <references/> == See also == * [[Field energy theorem]] * [[Fedosin's theorem]] * [[Equation of vector field]] * [[w:electromagnetic field |Electromagnetic field]] == External links == * [https://traditio.wiki/Электромагнитное_поле_шара Electromagnetic field of ball in Russian] [[Category:Electromagnetism]] [[Category:Electrostatics]] [[Category:Magnetostatics]] fzroh0ts5zbe0vuj3s8hlvrsr0synl5 2809231 2809227 2026-05-14T16:40:25Z Fedosin 196292 2809231 wikitext text/x-wiki '''Electromagnetic field of ball''', if we do not take into account the influence of external fields and the environment, is completely determined by the equation of motion of electric charges in the substance of the ball and by [[Maxwell's equations]]. Due to the symmetry of the ball, the components of the electromagnetic field are most simply expressed in terms of spherical coordinates <math>~ r, \; \theta, \; \phi. </math> However, in spherical coordinates, the scalar and vector Laplace operators, the gradient of a scalar function, the divergence, and the curl of a three-dimensional vector do not have the same form as their corresponding expressions in Cartesian coordinates (see [[w:Del in cylindrical and spherical coordinates |Del in cylindrical and spherical coordinates]]). For the [[w:electric potential | electric scalar potential]] <math>~ \varphi </math> and for the [[w:magnetic vector potential |magnetic vector potential]] <math>~ \mathbf A </math> of a uniformly charged ball rotating about its axis, the following equations follow from Maxwell's equations in homogeneous and isotropic media: :<math>~ \Delta \varphi - \frac {\varepsilon \mu }{c^2} \frac {\partial^2 \varphi }{\partial t^2} = -\frac {\gamma \rho_{0q}}{\varepsilon \varepsilon_0 }, \qquad (1) </math> :<math>~ \Delta \mathbf A - \frac {\varepsilon \mu }{c^2} \frac {\partial^2 \mathbf A }{\partial t^2} = -\frac {\mu \gamma \rho_{0q}}{\varepsilon_0 c^2} \mathbf v, \qquad (2) </math> where <math>~ \Delta </math> is the [[w:Laplace operator |Laplace operator]]; <math>~ \gamma </math> is the [[w:Lorentz factor |Lorentz factor]]; <math>~ \rho_{0q} </math> is the invariant charge density of the ball; <math>~ \varepsilon </math> is the [[w:relative permittivity| relative permittivity ]]; <math>~ \varepsilon_0 </math> is the [[electric constant]]; <math>~ c </math> is the speed of light; <math>~ \mu </math> is the [[w:relative permeability |relative permeability]]; <math>~ \mathbf v </math> is the linear velocity of rotation of a charged element of matter taken in the volume of the ball. In this case, the Lorentz gauge condition is written as follows: :<math>~ \nabla \cdot \mathbf A + \frac {\varepsilon \mu }{c^2} \frac {\partial \varphi }{\partial t} =0. \qquad (3) </math> The [[w:electric field |electric field strength]] <math>~ \mathbf E </math> and the [[w:magnetic field |magnetic field]] <math>~ \mathbf B </math> are expressed in terms of the scalar and vector potentials: :<math>~ \mathbf E = -\nabla \varphi -\frac {\partial \mathbf A }{\partial t}.\qquad (4) </math> :<math>~ \mathbf B = \nabla \times \mathbf A.\qquad (5) </math> When the ball is rotating at a constant angular velocity, the field is stationary and does not depend on time. This implies that all time derivatives in (1-4) are equal to zero. The relative permittivity <math>~ \varepsilon </math> in the ball's substance and in the surrounding medium may have different values. The same applies to the relative permeability <math>~ \mu </math>. For the sake of simplicity, the results presented below correspond to the values <math>~ \varepsilon =1</math>, <math>~ \mu=1 </math> for the case where phenomena such as [[w:polarizability| polarizability ]], [[w:magnetization |magnetization]] and [[w:electrical resistivity and conductivity |electrical conductivity]] are not taken into account inside and outside the ball. It is also assumed that all electromagnetic quantities are independent of time. == Fixed ball== For a fixed uniformly charged ball, in (1) and in (4), <math>~ \gamma =1</math> , and the electric potential and electric field strength inside the ball are equal:<ref>Feynman R., Leighton R. and Sands M. The Feynman Lectures on Physics. Vol. 2 (1964). Addison-Wesley, Massachusetts, Palo Alto, London. </ref> <ref > Sergey G. Fedosin. The Electromagnetic Field of a Rotating Relativistic Uniform System. Chapter 2 in the book: Horizons in World Physics. Volume 306. Edited by Albert Reimer, New York, Nova Science Publishers Inc, pp. 53-128 (2021), ISBN: 978-1-68507-077-9, 978-1-68507-088-5 (e-book). https://doi.org/10.52305/RSRF2992. </ref> :<math>~ \varphi_i = \frac { \rho_{0q} \left( 3a^2-r^2 \right)}{6 \varepsilon_0 } , </math> :<math>~ \mathbf E_i = \frac { \rho_{0q} r }{3\varepsilon_0 } \mathbf e_r , </math> where <math>~ a </math> is the radius of the ball; <math>~ \mathbf e_r </math> is a unit vector directed along the radial coordinate <math>~ r </math>. At the center of the ball, where <math>~ r =0</math>, the potential <math>~ \varphi_i </math> has a maximum value, and on the surface of the ball, where <math>~ r = a </math>, the potential decreases by one and a half. The internal electric field <math>~ \mathbf E_i </math> is zero at the center of the ball and increases proportionally to the radial coordinate <math>~ r </math>. The corresponding external electric potential and electric field strength outside the ball are as follows: :<math>~ \varphi_o = \frac { \rho_{0q } a^3 }{3 \varepsilon_0 r}, </math> :<math>~ \mathbf E_o = \frac { \rho_{0q} a^3 }{3\varepsilon_0 r^2 } \mathbf e_r . </math> Due to the absence of motion of electric charges in the fixed ball, the vector potential and magnetic induction are equal to zero throughout the system. == Rotating ball== ===Scalar potential and electric field=== When a ball rotates with a constant angular velocity <math>~ \omega </math>, the Lorentz factor of the charged particles becomes a function of the radial coordinate <math>~ r</math> and the angle <math>~ \theta </math>: :<math>~ \gamma = \frac {1}{ \sqrt {1-v^2/c^2} }= \frac {1}{ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} }} .</math> Taking this into account, the solution of equation (1) for the scalar potential, as well as equation (4) for the components of the electric field strength inside a rotating uniformly charged ball in spherical coordinates, is as follows: <ref >Fedosin S.G. Electric field of rotating uniformly charged ball. TechRxiv. November 11, 2025. https://doi.org/10.36227/techrxiv.176289249.96428033/v1. </ref> :<math>~ \varphi_i \approx \frac {\rho_{0q} a^2}{2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^2 a^4}{12 c^2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^4 a^6}{30 c^4 \varepsilon_0 }+\frac { c^2 \rho_{0q} }{ \omega^2 \varepsilon_0 } \left[ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } -1+ \ln 2 - \ln \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) \right] -</math> :<math>~-\left( \frac {\rho_{0q} }{12 \varepsilon_0 } + \frac {\rho_{0q} \omega^2 a^2 }{60 c^2 \varepsilon_0 } + \frac {\rho_{0q}\omega^4 a^4 }{140 c^4 \varepsilon_0 } \right) r^2 \left( 3 \cos^2 \theta -1 \right) + \left(\frac {\rho_{0q}\omega^2 }{1120 c^2 \varepsilon_0 } + \frac {\rho_{0q}\omega^4 a^2 }{1680 c^4 \varepsilon_0 } \right) r^4 \left( 35 \cos^4 \theta -30 \cos^2 \theta +3 \right) - </math> :<math>~-\frac {\rho_{0q}\omega^4 r^6}{22176 c^4 \varepsilon_0 } \left( 231\cos^6 \theta -315 \cos^4 \theta +105 \cos^2 \theta -5 \right). </math> :<math>~E_{ir} \approx \left( \frac {\rho_{0q } }{6 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^2 }{30 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^4 }{70 c^4 \varepsilon_0 } \right) r \left( 3 \cos^2 \theta -1 \right) +\frac {\rho_{0q } r \sin^2 \theta} {\varepsilon_0 \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) } - </math> :<math>~- \left(\frac {\rho_{0q }\omega^2 }{280 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^2 }{420 c^4 \varepsilon_0 } \right) r^3 \left(35 \cos^4 \theta - 30 \cos^2 \theta +3 \right) + \frac {\rho_{0q }\omega^4 }{3696 c^4 \varepsilon_0 } r^5 \left(231\cos^6 \theta - 315 \cos^4 \theta + 105 \cos^2 \theta -5 \right). </math> :<math>~E_{i \theta } \approx - \left( \frac {\rho_{0q } }{2 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^2 }{10 c^2 \varepsilon_0 }+ \frac {3 \rho_{0q }\omega^4 a^4 }{70 c^4 \varepsilon_0 } \right) r \sin \theta \cos \theta +\frac {\rho_{0q } r \sin \theta \cos \theta } {\varepsilon_0 \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) } + </math> :<math>~+ \left(\frac {\rho_{0q }\omega^2 }{56 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^2 }{84 c^4 \varepsilon_0 } \right) r^3 \sin \theta \cos \theta \left(7 \cos^2 \theta -3 \right) - \frac {\rho_{0q }\omega^4 }{528 c^4 \varepsilon_0 } r^5 \sin \theta \cos \theta \left( 33 \cos^4 \theta - 30 \cos^2 \theta +5 \right). </math> :<math>~ E_{i \phi }=0. </math> Outside the rotating ball, the scalar potential and electric field strength are given by the following formulas: :<math>~ \varphi_o \approx \frac {1}{r}\left( \frac {\rho_{0q} a^3}{3 \varepsilon_0 }+ \frac {\rho_{0q} \omega^2 a^5}{15 c^2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^4 a^7}{35 c^4 \varepsilon_0 } \right) - \frac {1}{r^3} \left( \frac {\rho_{0q} \omega^2 a^7 }{210 c^2 \varepsilon_0 } +\frac {\rho_{0q}\omega^4 a^9 }{315 c^4 \varepsilon_0 } \right) \left( 3 \cos^2 \theta -1 \right) +</math> :<math>~ + \frac {\rho_{0q}\omega^4 a^{11} }{9240 c^4 \varepsilon_0 r^5} \left( 35 \cos^4 \theta -30 \cos^2 \theta +3 \right). </math> :<math>~E_{or} \approx \frac {1}{r^2} \left( \frac {\rho_{0q }a^3 }{3 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^5 }{15 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^7 }{35 c^4 \varepsilon_0 } \right) -\frac {1}{r^4} \left( \frac {\rho_{0q }\omega^2 a^7 }{70 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^9 }{105 c^4 \varepsilon_0 }\right) \left( 3 \cos^2 \theta -1 \right) +</math> :<math>~ + \frac {\rho_{0q }\omega^4 a^{11} }{1848 c^4 \varepsilon_0 r^6 } \left(35 \cos^4 \theta - 30 \cos^2 \theta +3 \right) . </math> :<math>~E_{o \theta} \approx - \frac {1}{r^4} \left( \frac {\rho_{0q }\omega^2 a^7 }{35 c^2 \varepsilon_0 }+ \frac {2\rho_{0q }\omega^4 a^9 }{105 c^4 \varepsilon_0 }\right) \sin \theta \cos \theta + \frac {\rho_{0q }\omega^4 a^{11} }{462 c^4 \varepsilon_0 r^6 } sin \theta \cos \theta \left(7 \cos^2 \theta -3 \right) . </math> :<math>~ E_{o \phi }=0. </math> ===Vector potential and magnetic field=== The components of the vector potential <math>~ \mathbf A </math> and magnetic induction <math>~ \mathbf B </math> inside a uniformly charged ball rotating about its axis are given by equations (2) and (5) as follows:<ref> Fedosin S.G. Analysis of solution of equations for magnetic field of rotating ball using polynomials. Discover Physics, Vol. 2, 5 (2026). https://doi.org/10.1007/s44418-026-00008-w, https://rdcu.be/fgOlw. TechRxiv. October 22, 2025. https://doi.org/10.36227/techrxiv.176116289.93994332/v1. </ref> :<math>~ \mathbf A_{ir} = 0. \qquad \mathbf A_{i \theta} = 0. </math> :<math>~ \mathbf A_{i \phi} \approx \frac {c^2 \rho_{0q } }{3\varepsilon_0 \omega^3 r \sin \theta } -\frac { c^2 \rho_{0q } \left( 1-\frac {\omega^2 r^2 \sin^2 \theta }{ c^2 } \right)^{3/2} } {3\varepsilon_0 \omega^3 r \sin \theta } - \frac {\rho_{0q } r \sin \theta }{2\varepsilon_0 \omega } \left( 1- \frac {\omega ^2 a^2}{ 3c^2 } - \frac {\omega ^4 a^4}{ 15c^4 }- \frac {\omega ^6 a^6}{ 35c^6 } \right) -</math> :<math>~- \frac {\rho_{0q } \omega r^3 \sin \theta \left( 5 \cos^2 \theta -1 \right)}{40 c^2\varepsilon_0 } \left( 1+ \frac {2\omega ^2 a^2}{ 7c^2 } + \frac {\omega ^4 a^4}{ 7c^4 } \right) + \frac {\rho_{0q } \omega^3 r^5 \sin \theta \left( 21\cos^4 \theta -14\cos^2 \theta +1 \right)}{1008 c^4\varepsilon_0 } \left( 1+ \frac {9\omega ^2 a^2}{ 11c^2 } \right)-</math> :<math>~-\frac {\rho_{0q } \omega^5 r^7 \sin \theta \left( 429\cos^6 \theta -495\cos^4 \theta +135\cos^2 \theta -5 \right)}{54912 c^6\varepsilon_0 }.</math> :<math>~ \mathbf B_{ir} \approx \frac {\rho_{0q} \cos \theta \sqrt {1-\frac{\omega^2 r^2 \sin^2 \theta }{c^2}}} {\varepsilon_0 \omega } - \frac {\rho_{0q} \cos \theta} {\varepsilon_0 \omega } \left( 1- \frac {\omega^2 a^2 }{3c^2} - \frac {\omega^4 a^4 }{15c^4} -\frac {\omega^6 a^6 }{35c^6} \right) -</math> :<math>~- \frac {\rho_{0q} \omega r^2 \cos \theta \left(5 \cos^2 \theta -3 \right) } {10 c^2 \varepsilon_0 } \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) + \frac {\rho_{0q} \omega^3 r^4 \cos \theta \left( 63 \cos^4 \theta -70 \cos^2 \theta +15 \right) } {504 c^4 \varepsilon_0 } \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right)- </math> :<math>~-\frac {\rho_{0q} \omega^5 r^6 \cos \theta \left( 429 \cos^6 \theta - 693 \cos^4 \theta +315 \cos^2 \theta -35 \right) } {6864 c^6 \varepsilon_0 }. </math> :<math>~ \mathbf B_{i \theta} \approx -\frac {\rho_{0q} \sin \theta \sqrt {1-\frac{\omega^2 r^2 \sin^2 \theta }{c^2}}} {\varepsilon_0 \omega } + \frac {\rho_{0q} \sin \theta} {\varepsilon_0 \omega } \left( 1- \frac {\omega^2 a^2 }{3c^2} - \frac {\omega^4 a^4 }{15c^4} -\frac {\omega^6 a^6 }{35c^6} \right) +</math> :<math>~+ \frac {\rho_{0q} \omega r^2 \sin \theta \left(5 \cos^2 \theta -1 \right) } {10 c^2 \varepsilon_0 } \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) - \frac {\rho_{0q} \omega^3 r^4 \sin \theta \left( 21 \cos^4 \theta -14 \cos^2 \theta +1 \right) } {168 c^4 \varepsilon_0 } \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right) + </math> :<math>~+\frac {\rho_{0q} \omega^5 r^6 \sin \theta \left( 429 \cos^6 \theta - 495 \cos^4 \theta +135 \cos^2 \theta -5 \right) } {6864 c^6 \varepsilon_0 }. </math> :<math>~ \mathbf B_{i \phi}=0. </math> The components of the external vector potential and magnetic induction of a rotating charged ball are determined by the following formulas: :<math>~ \mathbf A_{or} = 0. \qquad \mathbf A_{o \theta} = 0. </math> :<math>~ \mathbf A_{o \phi} \approx \frac {\rho_{0q} \omega a^5}{15 c^2 \varepsilon_0 } \frac {\sin \theta }{r^2} \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) - \frac {\rho_{0q} \omega^3 a^9}{630 c^4 \varepsilon_0 } \frac {\sin \theta \left( 5 \cos^2 \theta -1 \right)}{r^4} \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right)+ </math> :<math>~+\frac {\rho_{0q} \omega^5 a^{13}}{8008 c^6 \varepsilon_0 } \frac {\sin \theta \left( 21 cos^4 \theta -14 \cos^2 \theta +1 \right)}{r^6}.</math> :<math>~ \mathbf B_{or} \approx \frac {2 \rho_{0q} \omega a^5 }{15 c^2 \varepsilon_0 } \frac {\cos \theta }{r^3} \left( 1+ \frac {2\omega^2 a^2 }{7 c^2} +\frac {\omega^4 a^4 }{7 c^4} \right) -\frac {2 \rho_{0q} \omega^3 a^9 }{315 c^4 \varepsilon_0 } \frac {\cos \theta }{r^5} \left( 5 cos^2 \theta -3 \right) \left( 1+ \frac {9\omega^2 a^2 }{11 c^2} \right) +</math> :<math>~ +\frac { \rho_{0q} \omega^5 a^{13} }{4004 c^6 \varepsilon_0 } \frac {\cos \theta }{r^7} \left( 63cos^4 \theta -70 cos^2 \theta +15 \right). </math> :<math>~ \mathbf B_{o \theta } \approx \frac {\rho_{0q} \omega a^5 }{15 c^2 \varepsilon_0 } \frac {\sin \theta }{r^3} \left( 1+ \frac {2\omega^2 a^2 }{7 c^2} +\frac {\omega^4 a^4 }{7 c^4} \right) -\frac { \rho_{0q} \omega^3 a^9 }{210 c^4 \varepsilon_0 } \frac {\sin \theta }{r^5} \left( 5 cos^2 \theta -1 \right) \left( 1+ \frac {9\omega^2 a^2 }{11 c^2} \right) +</math> :<math>~ +\frac { 5 \rho_{0q} \omega^5 a^{13} }{8008 c^6 \varepsilon_0 } \frac {\sin \theta }{r^7} \left( 21cos^4 \theta -14 cos^2 \theta +1 \right). </math> :<math>~ \mathbf B_{o \phi } = 0. </math> == References == <references/> == See also == * [[Field energy theorem]] * [[Fedosin's theorem]] * [[Equation of vector field]] * [[w:electromagnetic field |Electromagnetic field]] == External links == * [https://traditio.wiki/Электромагнитное_поле_шара Electromagnetic field of ball in Russian] [[Category:Electromagnetism]] [[Category:Electrostatics]] [[Category:Magnetostatics]] 4fumi40jryt206np6zyw3611ujp65lg 2809257 2809231 2026-05-14T17:01:14Z Fedosin 196292 2809257 wikitext text/x-wiki '''Electromagnetic field of ball''', if we do not take into account the influence of external fields and the environment, is completely determined by the equation of motion of electric charges in the substance of the ball and by [[Maxwell's equations]]. Due to the symmetry of the ball, the components of the electromagnetic field are most simply expressed in terms of spherical coordinates <math>~ r, \; \theta, \; \phi. </math> However, in spherical coordinates, the scalar and vector Laplace operators, the gradient of a scalar function, the divergence, and the curl of a three-dimensional vector do not have the same form as their corresponding expressions in Cartesian coordinates (see [[w:Del in cylindrical and spherical coordinates |Del in cylindrical and spherical coordinates]]). For the [[w:electric potential | electric scalar potential]] <math>~ \varphi </math> and for the [[w:magnetic vector potential |magnetic vector potential]] <math>~ \mathbf A </math> of a uniformly charged ball rotating about its axis, the following equations follow from Maxwell's equations in case of homogeneous and isotropic media inside and outside the ball: :<math>~ \Delta \varphi - \frac {\varepsilon \mu }{c^2} \frac {\partial^2 \varphi }{\partial t^2} = -\frac {\gamma \rho_{0q}}{\varepsilon \varepsilon_0 }, \qquad (1) </math> :<math>~ \Delta \mathbf A - \frac {\varepsilon \mu }{c^2} \frac {\partial^2 \mathbf A }{\partial t^2} = -\frac {\mu \gamma \rho_{0q}}{\varepsilon_0 c^2} \mathbf v, \qquad (2) </math> where <math>~ \Delta </math> is the [[w:Laplace operator |Laplace operator]]; <math>~ \gamma </math> is the [[w:Lorentz factor |Lorentz factor]]; <math>~ \rho_{0q} </math> is the invariant charge density of the ball; <math>~ \varepsilon </math> is the [[w:relative permittivity| relative permittivity ]]; <math>~ \varepsilon_0 </math> is the [[electric constant]]; <math>~ c </math> is the speed of light; <math>~ \mu </math> is the [[w:relative permeability |relative permeability]]; <math>~ \mathbf v </math> is the linear velocity of rotation of a charged element of matter taken in the volume of the ball. In this case, the Lorentz gauge condition is written as follows: :<math>~ \nabla \cdot \mathbf A + \frac {\varepsilon \mu }{c^2} \frac {\partial \varphi }{\partial t} =0. \qquad (3) </math> The [[w:electric field |electric field strength]] <math>~ \mathbf E </math> and the [[w:magnetic field |magnetic field]] <math>~ \mathbf B </math> are expressed in terms of the scalar and vector potentials: :<math>~ \mathbf E = -\nabla \varphi -\frac {\partial \mathbf A }{\partial t}.\qquad (4) </math> :<math>~ \mathbf B = \nabla \times \mathbf A.\qquad (5) </math> When the ball is rotating at a constant angular velocity, the field is stationary and does not depend on time. This implies that all time derivatives in (1-4) are equal to zero. The relative permittivity <math>~ \varepsilon </math> in the ball's substance and in the surrounding medium may have different values. The same applies to the relative permeability <math>~ \mu </math>. For the sake of simplicity, the results presented below correspond to the values <math>~ \varepsilon =1</math>, <math>~ \mu=1 </math> for the case where phenomena such as [[w:polarizability| polarizability ]], [[w:magnetization |magnetization]] and [[w:electrical resistivity and conductivity |electrical conductivity]] are not taken into account inside and outside the ball. It is also assumed that all electromagnetic quantities are independent of time. == Fixed ball== For a fixed uniformly charged ball, in (1) and in (4), <math>~ \gamma =1</math> , and the electric potential and electric field strength inside the ball are equal:<ref>Feynman R., Leighton R. and Sands M. The Feynman Lectures on Physics. Vol. 2 (1964). Addison-Wesley, Massachusetts, Palo Alto, London. </ref> <ref > Sergey G. Fedosin. The Electromagnetic Field of a Rotating Relativistic Uniform System. Chapter 2 in the book: Horizons in World Physics. Volume 306. Edited by Albert Reimer, New York, Nova Science Publishers Inc, pp. 53-128 (2021), ISBN: 978-1-68507-077-9, 978-1-68507-088-5 (e-book). https://doi.org/10.52305/RSRF2992. </ref> :<math>~ \varphi_i = \frac { \rho_{0q} \left( 3a^2-r^2 \right)}{6 \varepsilon_0 } , </math> :<math>~ \mathbf E_i = \frac { \rho_{0q} r }{3\varepsilon_0 } \mathbf e_r , </math> where <math>~ a </math> is the radius of the ball; <math>~ \mathbf e_r </math> is a unit vector directed along the radial coordinate <math>~ r </math>. At the center of the ball, where <math>~ r =0</math>, the potential <math>~ \varphi_i </math> has a maximum value, and on the surface of the ball, where <math>~ r = a </math>, the potential decreases by one and a half. The internal electric field <math>~ \mathbf E_i </math> is zero at the center of the ball and increases proportionally to the radial coordinate <math>~ r </math>. The corresponding external electric potential and electric field strength outside the ball are as follows: :<math>~ \varphi_o = \frac { \rho_{0q } a^3 }{3 \varepsilon_0 r}, </math> :<math>~ \mathbf E_o = \frac { \rho_{0q} a^3 }{3\varepsilon_0 r^2 } \mathbf e_r . </math> Due to the absence of motion of electric charges in the fixed ball, the vector potential and magnetic induction are equal to zero throughout the system. == Rotating ball== ===Scalar potential and electric field=== When a ball rotates with a constant angular velocity <math>~ \omega </math>, the Lorentz factor of the charged particles becomes a function of the radial coordinate <math>~ r</math> and the angle <math>~ \theta </math>: :<math>~ \gamma = \frac {1}{ \sqrt {1-v^2/c^2} }= \frac {1}{ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} }} .</math> Taking this into account, the solution of equation (1) for the scalar potential, as well as equation (4) for the components of the electric field strength inside a rotating uniformly charged ball in spherical coordinates, is as follows: <ref >Fedosin S.G. Electric field of rotating uniformly charged ball. TechRxiv. November 11, 2025. https://doi.org/10.36227/techrxiv.176289249.96428033/v1. </ref> :<math>~ \varphi_i \approx \frac {\rho_{0q} a^2}{2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^2 a^4}{12 c^2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^4 a^6}{30 c^4 \varepsilon_0 }+\frac { c^2 \rho_{0q} }{ \omega^2 \varepsilon_0 } \left[ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } -1+ \ln 2 - \ln \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) \right] -</math> :<math>~-\left( \frac {\rho_{0q} }{12 \varepsilon_0 } + \frac {\rho_{0q} \omega^2 a^2 }{60 c^2 \varepsilon_0 } + \frac {\rho_{0q}\omega^4 a^4 }{140 c^4 \varepsilon_0 } \right) r^2 \left( 3 \cos^2 \theta -1 \right) + \left(\frac {\rho_{0q}\omega^2 }{1120 c^2 \varepsilon_0 } + \frac {\rho_{0q}\omega^4 a^2 }{1680 c^4 \varepsilon_0 } \right) r^4 \left( 35 \cos^4 \theta -30 \cos^2 \theta +3 \right) - </math> :<math>~-\frac {\rho_{0q}\omega^4 r^6}{22176 c^4 \varepsilon_0 } \left( 231\cos^6 \theta -315 \cos^4 \theta +105 \cos^2 \theta -5 \right). </math> :<math>~E_{ir} \approx \left( \frac {\rho_{0q } }{6 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^2 }{30 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^4 }{70 c^4 \varepsilon_0 } \right) r \left( 3 \cos^2 \theta -1 \right) +\frac {\rho_{0q } r \sin^2 \theta} {\varepsilon_0 \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) } - </math> :<math>~- \left(\frac {\rho_{0q }\omega^2 }{280 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^2 }{420 c^4 \varepsilon_0 } \right) r^3 \left(35 \cos^4 \theta - 30 \cos^2 \theta +3 \right) + \frac {\rho_{0q }\omega^4 }{3696 c^4 \varepsilon_0 } r^5 \left(231\cos^6 \theta - 315 \cos^4 \theta + 105 \cos^2 \theta -5 \right). </math> :<math>~E_{i \theta } \approx - \left( \frac {\rho_{0q } }{2 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^2 }{10 c^2 \varepsilon_0 }+ \frac {3 \rho_{0q }\omega^4 a^4 }{70 c^4 \varepsilon_0 } \right) r \sin \theta \cos \theta +\frac {\rho_{0q } r \sin \theta \cos \theta } {\varepsilon_0 \left( 1+ \sqrt {1- \frac {\omega^2 r^2 \sin^2 \theta}{c^2} } \right) } + </math> :<math>~+ \left(\frac {\rho_{0q }\omega^2 }{56 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^2 }{84 c^4 \varepsilon_0 } \right) r^3 \sin \theta \cos \theta \left(7 \cos^2 \theta -3 \right) - \frac {\rho_{0q }\omega^4 }{528 c^4 \varepsilon_0 } r^5 \sin \theta \cos \theta \left( 33 \cos^4 \theta - 30 \cos^2 \theta +5 \right). </math> :<math>~ E_{i \phi }=0. </math> Outside the rotating ball, the scalar potential and electric field strength are given by the following formulas: :<math>~ \varphi_o \approx \frac {1}{r}\left( \frac {\rho_{0q} a^3}{3 \varepsilon_0 }+ \frac {\rho_{0q} \omega^2 a^5}{15 c^2 \varepsilon_0 }+ \frac {\rho_{0q} \omega^4 a^7}{35 c^4 \varepsilon_0 } \right) - \frac {1}{r^3} \left( \frac {\rho_{0q} \omega^2 a^7 }{210 c^2 \varepsilon_0 } +\frac {\rho_{0q}\omega^4 a^9 }{315 c^4 \varepsilon_0 } \right) \left( 3 \cos^2 \theta -1 \right) +</math> :<math>~ + \frac {\rho_{0q}\omega^4 a^{11} }{9240 c^4 \varepsilon_0 r^5} \left( 35 \cos^4 \theta -30 \cos^2 \theta +3 \right). </math> :<math>~E_{or} \approx \frac {1}{r^2} \left( \frac {\rho_{0q }a^3 }{3 \varepsilon_0 } + \frac {\rho_{0q }\omega^2 a^5 }{15 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^7 }{35 c^4 \varepsilon_0 } \right) -\frac {1}{r^4} \left( \frac {\rho_{0q }\omega^2 a^7 }{70 c^2 \varepsilon_0 }+ \frac {\rho_{0q }\omega^4 a^9 }{105 c^4 \varepsilon_0 }\right) \left( 3 \cos^2 \theta -1 \right) +</math> :<math>~ + \frac {\rho_{0q }\omega^4 a^{11} }{1848 c^4 \varepsilon_0 r^6 } \left(35 \cos^4 \theta - 30 \cos^2 \theta +3 \right) . </math> :<math>~E_{o \theta} \approx - \frac {1}{r^4} \left( \frac {\rho_{0q }\omega^2 a^7 }{35 c^2 \varepsilon_0 }+ \frac {2\rho_{0q }\omega^4 a^9 }{105 c^4 \varepsilon_0 }\right) \sin \theta \cos \theta + \frac {\rho_{0q }\omega^4 a^{11} }{462 c^4 \varepsilon_0 r^6 } sin \theta \cos \theta \left(7 \cos^2 \theta -3 \right) . </math> :<math>~ E_{o \phi }=0. </math> ===Vector potential and magnetic field=== The components of the vector potential <math>~ \mathbf A </math> and magnetic induction <math>~ \mathbf B </math> inside a uniformly charged ball rotating about its axis are given by equations (2) and (5) as follows:<ref> Fedosin S.G. Analysis of solution of equations for magnetic field of rotating ball using polynomials. Discover Physics, Vol. 2, 5 (2026). https://doi.org/10.1007/s44418-026-00008-w, https://rdcu.be/fgOlw. TechRxiv. October 22, 2025. https://doi.org/10.36227/techrxiv.176116289.93994332/v1. </ref> :<math>~ \mathbf A_{ir} = 0. \qquad \mathbf A_{i \theta} = 0. </math> :<math>~ \mathbf A_{i \phi} \approx \frac {c^2 \rho_{0q } }{3\varepsilon_0 \omega^3 r \sin \theta } -\frac { c^2 \rho_{0q } \left( 1-\frac {\omega^2 r^2 \sin^2 \theta }{ c^2 } \right)^{3/2} } {3\varepsilon_0 \omega^3 r \sin \theta } - \frac {\rho_{0q } r \sin \theta }{2\varepsilon_0 \omega } \left( 1- \frac {\omega ^2 a^2}{ 3c^2 } - \frac {\omega ^4 a^4}{ 15c^4 }- \frac {\omega ^6 a^6}{ 35c^6 } \right) -</math> :<math>~- \frac {\rho_{0q } \omega r^3 \sin \theta \left( 5 \cos^2 \theta -1 \right)}{40 c^2\varepsilon_0 } \left( 1+ \frac {2\omega ^2 a^2}{ 7c^2 } + \frac {\omega ^4 a^4}{ 7c^4 } \right) + \frac {\rho_{0q } \omega^3 r^5 \sin \theta \left( 21\cos^4 \theta -14\cos^2 \theta +1 \right)}{1008 c^4\varepsilon_0 } \left( 1+ \frac {9\omega ^2 a^2}{ 11c^2 } \right)-</math> :<math>~-\frac {\rho_{0q } \omega^5 r^7 \sin \theta \left( 429\cos^6 \theta -495\cos^4 \theta +135\cos^2 \theta -5 \right)}{54912 c^6\varepsilon_0 }.</math> :<math>~ \mathbf B_{ir} \approx \frac {\rho_{0q} \cos \theta \sqrt {1-\frac{\omega^2 r^2 \sin^2 \theta }{c^2}}} {\varepsilon_0 \omega } - \frac {\rho_{0q} \cos \theta} {\varepsilon_0 \omega } \left( 1- \frac {\omega^2 a^2 }{3c^2} - \frac {\omega^4 a^4 }{15c^4} -\frac {\omega^6 a^6 }{35c^6} \right) -</math> :<math>~- \frac {\rho_{0q} \omega r^2 \cos \theta \left(5 \cos^2 \theta -3 \right) } {10 c^2 \varepsilon_0 } \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) + \frac {\rho_{0q} \omega^3 r^4 \cos \theta \left( 63 \cos^4 \theta -70 \cos^2 \theta +15 \right) } {504 c^4 \varepsilon_0 } \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right)- </math> :<math>~-\frac {\rho_{0q} \omega^5 r^6 \cos \theta \left( 429 \cos^6 \theta - 693 \cos^4 \theta +315 \cos^2 \theta -35 \right) } {6864 c^6 \varepsilon_0 }. </math> :<math>~ \mathbf B_{i \theta} \approx -\frac {\rho_{0q} \sin \theta \sqrt {1-\frac{\omega^2 r^2 \sin^2 \theta }{c^2}}} {\varepsilon_0 \omega } + \frac {\rho_{0q} \sin \theta} {\varepsilon_0 \omega } \left( 1- \frac {\omega^2 a^2 }{3c^2} - \frac {\omega^4 a^4 }{15c^4} -\frac {\omega^6 a^6 }{35c^6} \right) +</math> :<math>~+ \frac {\rho_{0q} \omega r^2 \sin \theta \left(5 \cos^2 \theta -1 \right) } {10 c^2 \varepsilon_0 } \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) - \frac {\rho_{0q} \omega^3 r^4 \sin \theta \left( 21 \cos^4 \theta -14 \cos^2 \theta +1 \right) } {168 c^4 \varepsilon_0 } \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right) + </math> :<math>~+\frac {\rho_{0q} \omega^5 r^6 \sin \theta \left( 429 \cos^6 \theta - 495 \cos^4 \theta +135 \cos^2 \theta -5 \right) } {6864 c^6 \varepsilon_0 }. </math> :<math>~ \mathbf B_{i \phi}=0. </math> The components of the external vector potential and magnetic induction of a rotating charged ball are determined by the following formulas: :<math>~ \mathbf A_{or} = 0. \qquad \mathbf A_{o \theta} = 0. </math> :<math>~ \mathbf A_{o \phi} \approx \frac {\rho_{0q} \omega a^5}{15 c^2 \varepsilon_0 } \frac {\sin \theta }{r^2} \left( 1+ \frac {2\omega^2 a^2 }{7c^2} + \frac {\omega^4 a^4 }{7c^4} \right) - \frac {\rho_{0q} \omega^3 a^9}{630 c^4 \varepsilon_0 } \frac {\sin \theta \left( 5 \cos^2 \theta -1 \right)}{r^4} \left( 1+ \frac {9\omega^2 a^2 }{11c^2} \right)+ </math> :<math>~+\frac {\rho_{0q} \omega^5 a^{13}}{8008 c^6 \varepsilon_0 } \frac {\sin \theta \left( 21 cos^4 \theta -14 \cos^2 \theta +1 \right)}{r^6}.</math> :<math>~ \mathbf B_{or} \approx \frac {2 \rho_{0q} \omega a^5 }{15 c^2 \varepsilon_0 } \frac {\cos \theta }{r^3} \left( 1+ \frac {2\omega^2 a^2 }{7 c^2} +\frac {\omega^4 a^4 }{7 c^4} \right) -\frac {2 \rho_{0q} \omega^3 a^9 }{315 c^4 \varepsilon_0 } \frac {\cos \theta }{r^5} \left( 5 cos^2 \theta -3 \right) \left( 1+ \frac {9\omega^2 a^2 }{11 c^2} \right) +</math> :<math>~ +\frac { \rho_{0q} \omega^5 a^{13} }{4004 c^6 \varepsilon_0 } \frac {\cos \theta }{r^7} \left( 63cos^4 \theta -70 cos^2 \theta +15 \right). </math> :<math>~ \mathbf B_{o \theta } \approx \frac {\rho_{0q} \omega a^5 }{15 c^2 \varepsilon_0 } \frac {\sin \theta }{r^3} \left( 1+ \frac {2\omega^2 a^2 }{7 c^2} +\frac {\omega^4 a^4 }{7 c^4} \right) -\frac { \rho_{0q} \omega^3 a^9 }{210 c^4 \varepsilon_0 } \frac {\sin \theta }{r^5} \left( 5 cos^2 \theta -1 \right) \left( 1+ \frac {9\omega^2 a^2 }{11 c^2} \right) +</math> :<math>~ +\frac { 5 \rho_{0q} \omega^5 a^{13} }{8008 c^6 \varepsilon_0 } \frac {\sin \theta }{r^7} \left( 21cos^4 \theta -14 cos^2 \theta +1 \right). </math> :<math>~ \mathbf B_{o \phi } = 0. </math> == References == <references/> == See also == * [[Field energy theorem]] * [[Fedosin's theorem]] * [[Equation of vector field]] * [[w:electromagnetic field |Electromagnetic field]] == External links == * [https://traditio.wiki/Электромагнитное_поле_шара Electromagnetic field of ball in Russian] [[Category:Electromagnetism]] [[Category:Electrostatics]] [[Category:Magnetostatics]] 8byownui34ib6m762772xbeutm9nwv8 Wikiversity:Notices for custodians/Archive/8 4 329636 2809246 2026-05-14T16:59:24Z Codename Noreste 2969951 + 2809246 wikitext text/x-wiki {{Archive}} rzh0eq4u5qq9tl9dk2ht86m4wc67fa4 2809247 2809246 2026-05-14T16:59:54Z Codename Noreste 2969951 /* Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701 */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809247 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) qkcx4uhrtdv2cxocqehkdm6rln7yz9j 2809249 2809247 2026-05-14T17:00:15Z Codename Noreste 2969951 /* Maintenance vs administration */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809249 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) fysrjohaisas2k6q07ehdkxzqgsvcmk 2809251 2809249 2026-05-14T17:00:29Z Codename Noreste 2969951 /* Vandalism */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809251 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) jq371qw2ow1nbtavq92tah00q62axi4 2809253 2809251 2026-05-14T17:00:52Z Codename Noreste 2969951 /* Import of aiCAMstir */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809253 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) 0ydfvw5l1x5wamny301i7w7apb5w69o 2809255 2809253 2026-05-14T17:01:11Z Codename Noreste 2969951 /* Block of MarsSterlingTurner */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809255 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) 3vhgn9qescu4vh23gcw5kp8xzk7ga5w 2809258 2809255 2026-05-14T17:01:27Z Codename Noreste 2969951 /* Edit warring by User:Harold Foppele */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809258 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) c82er1boj0n18lilwdtams36dvv3xj7 2809260 2809258 2026-05-14T17:01:38Z Codename Noreste 2969951 /* New curatorship request */ archive from [[Wikiversity:Notices for custodians]] ([[mw:c:Special:MyLanguage/User:JWBTH/CD|CD]]) 2809260 wikitext text/x-wiki {{Archive}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) e7afb4m8kqjvibeh9g1za41gavglpl5 2809263 2809260 2026-05-14T17:13:55Z Codename Noreste 2969951 /* top */ Update, replaced: {{Archive}} → {{Archive|Wikiversity:Notices for custodians}} using [[Project:AWB|AWB]] 2809263 wikitext text/x-wiki {{Archive|Wikiversity:Notices for custodians}} == [[Special:Contributions/2600:1003:B05E:6EC6:0:33:95BF:E701]] == * {{user|2600:1003:B05E:6EC6:0:33:95BF:E701}} Cross-wiki vandalism. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:21, 2 June 2024 (UTC) :{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 01:22, 2 June 2024 (UTC) ::Thank you, Koavf! --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 01:26, 2 June 2024 (UTC) == Maintenance vs administration == Bumping a [[User_talk:Tule-hog#Wikiversity:Administration|redirect for discussion]] concerning custodianship. [[User:Tule-hog|Tule-hog]] ([[User talk:Tule-hog|discuss]] • [[Special:Contributions/Tule-hog|contribs]]) 09:50, 6 October 2024 (UTC) == Vandalism == Please block [[Special:Contributions/76.121.217.240]]. --[[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 03:09, 24 November 2024 (UTC) :Not a local sysop here but {{done}}. --[[User:SHB2000|SHB2000]] ([[User talk:SHB2000|discuss]] • [[Special:Contributions/SHB2000|contribs]]) 03:18, 24 November 2024 (UTC) :: {{comment}} Page deleted. [[User:MathXplore|MathXplore]] ([[User talk:MathXplore|discuss]] • [[Special:Contributions/MathXplore|contribs]]) 03:21, 24 November 2024 (UTC) :::Hi it's me again. Please block [[Special:Contributions/216.186.51.108]] &mdash; @[[User:MathXplore|MathXplore]] @[[User:SHB2000|SHB2000]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:54, 2 December 2024 (UTC) ::::{{done}} —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 19:58, 2 December 2024 (UTC) :::::Hello. Again and again. Please block [[Special:Contributions/152.22.75.23]]. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:48, 3 December 2024 (UTC) ::::::Already done by Aramil. I think Wikiversity should take action against proxies. I suspect that these IPs are proxies and belong to the same person. [[User:Tres Libras|Tres Libras]] ([[User talk:Tres Libras|discuss]] • [[Special:Contributions/Tres Libras|contribs]]) 19:52, 3 December 2024 (UTC) :::::::Possibly {{ping|Mu301}} has some experience dealing with proxies? —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 16:58, 4 December 2024 (UTC) == Import of aiCAMstir == [[File:'aiCAMstir' icon, © Stephan Kallee, AluStir, CC-BY-SA 4.0.png|thumb|aiCAMstir]] The '''aiCAMstir''' project is a non-commercial collaborative project on using Artificial Intelligence in Welding. We want to create a mirror of the www_aicamstir_com web site, before this will be taken down. We do not want to add the links to the project partners but include references to published papers. However, the software settings seems to restrict the use of web links, and recommended to get in touch with an admin (By the way, I am an [[Commons:Category:'aiCAMstir'|experienced Wikimedia user]]). Do you want to allow me, to insert weblinks into references? [[User:&#39;aiCAMstir&#39;|&#39;aiCAMstir&#39;]] ([[User talk:&#39;aiCAMstir&#39;|discuss]] • [[Special:Contributions/&#39;aiCAMstir&#39;|contribs]]) 11:27, 1 February 2025 (UTC) == Block of MarsSterlingTurner == (Deleted and reposted to [[Wikiversity:Request_custodian_action#Block_of_MarsSterlingTurner]]. --[[User:Dan Polansky|Dan Polansky]] ([[User talk:Dan Polansky|discuss]] • [[Special:Contributions/Dan Polansky|contribs]]) 04:42, 10 April 2025 (UTC)) == Edit warring by [[User:Harold Foppele]] == {{user|Harold Foppele}} is edit warring at [[Is LGBTQIA+ being forced on society?]] (wikidebate) to add some long AI-generated text with broken wikisyntax and insists on my talk page they don't need to address my 4 specific reasons for the removal ([[Special:Diff/2784967]]) such as the broken wikisyntax. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 14:51, 13 January 2026 (UTC) :You do not revert an editors contribution. :You done that before, [https://en.wikipedia.org/w/index.php?title=User_talk:Prototyperspective&action=edit&section=10| See here] I do not have to address your 4 reasons, that is where a discussion/talk page is for. What Wikidebate Is Not: Explicitly, it's not a platform to defend preferred points of view (similar to WP:NOTSOAPBOX or WP:NOTFORUM). Focus on gathering all sides neutrally, not advocacy. This is not a discussion. Removing edits that you do not like in a debat is not done [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:41, 13 January 2026 (UTC) :I've moved the LLM-generated text to [[Is LGBTQIA+ being forced on society?/Response from an LLM]]. The contribution breaks the wikisyntax and doesn't follow the applied format as the other arguments. Perhaps for the resource, a subpage with an input from an AI (which afaik tries its best to maintain a NPOV) could be useful. I'd advise [[User:Harold Foppele]] to provide a link to the conversation on said subpage. —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:18, 13 January 2026 (UTC) ::Thanks, I think this is solved now. Hopefully, the user will interact more constructively in the future. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:40, 14 January 2026 (UTC) :::If you talk to a user before acting that would prevent problems. Beside a curator, no one is allowed to edit users contributions. Esp. in debates. Files are even stricter there. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 13:05, 14 January 2026 (UTC) ::::That is not true. I talked to you in 1. the edit summary and 2. on my talk page where you insisted "this is not a discussion" and that you don't need to address my 4 reasons. People are not free to dump anything they want onto pages and then have it stay there with reverts and removals being impossible. Contentious edits like that need consensus for inclusion or the removal reasons to be addressed. Your interaction has been very nonconstructive and hopefully this is not a wider phenomenon on the site which if so would cause massive quality problems. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 11:35, 15 January 2026 (UTC) :::::You did mention it in the edit while deleting it. The 'contentious' comment is still there with an expansion to a subpage. It is not you who decide what is dump or not, or what is contentious, that is what custodians are for. A simple comment with a ping at the talk page or the user page would be sufficient to start a discussion and reach consensus. If no consensus is reached, the help of a custodian can be sought. You are not the discussion leader on the subject. Wikiversity lives by AGF (Assume Good Faith). So I assume that for you as well. I admire @[[User:Atcovi|Atcovi]] for a brilliant solution. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 12:24, 15 January 2026 (UTC) ::::::One can remove contents and the burden is on the person who wants to add the new info to address the reasons in a comment and/or to address the reasons via a new way. Adding it to a subpage and then linking that is what you could have done, not requiring me to go here to get help. You are not the discussion leader on the subject. You aren't free to add any content to any page and have authority for it to stay there. I'll once again close my comment that your interaction has not been constructive; you did not address points or suggest or implement a solution but just insisted you don't even need to address them and just went to do edit warring. [[User:Prototyperspective|Prototyperspective]] ([[User talk:Prototyperspective|discuss]] • [[Special:Contributions/Prototyperspective|contribs]]) 12:59, 15 January 2026 (UTC) :::::::Indeed, you are not constructive. Just stuborn. [[User:Harold Foppele|Harold Foppele]] ([[User talk:Harold Foppele|discuss]] • [[Special:Contributions/Harold Foppele|contribs]]) 14:09, 15 January 2026 (UTC) == New curatorship request == I started a curatorship request at [[Wikiversity:Candidates for Curatorship/Codename Noreste]]. Can a custodian place it in [[MediaWiki:Sitenotice|the site notice]]? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 21:51, 23 March 2026 (UTC) :{{done}} —[[User:Atcovi|Atcovi]] [[User talk:Atcovi|(Talk]] - [[Special:Contributions/Atcovi|Contribs)]] 23:41, 23 March 2026 (UTC) ::Can you increment [[MediaWiki:Sitenotice id]] by one digit? If done, the site notice will appear again. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 02:30, 24 March 2026 (UTC) :::A little more than a week has passed, and there is one support. Would a custodian close my request, please? Thanks. [[User:Codename Noreste|Codename Noreste]] ([[User talk:Codename Noreste|discuss]] • [[Special:Contributions/Codename Noreste|contribs]]) 16:26, 31 March 2026 (UTC) ::::{{done}} https://en.wikiversity.org/w/index.php?title=MediaWiki%3ASitenotice_id&diff=2802001&oldid=2800237 —[[User:Koavf|Justin (<span style="color:grey">ko'''a'''vf</span>)]]<span style="color:red">❤[[User talk:Koavf|T]]☮[[Special:Contributions/Koavf|C]]☺[[Special:Emailuser/Koavf|M]]☯</span> 21:51, 31 March 2026 (UTC) qw3xn4lqydmimj4qd6al96ce9do2fpx User:Atcovi/precalc + calc notes 2 329637 2809276 2026-05-14T17:36:44Z Atcovi 276019 Atcovi moved page [[User:Atcovi/precalc + calc notes]] to [[Intuitive Calculus]]: moving into mainspace 2809276 wikitext text/x-wiki #REDIRECT [[Intuitive Calculus]] 11zz2x9ac44gcgw31r6nqt3nxj3n3a0 Media Literacy and You/Deterrence without threat 0 329638 2809281 2026-05-14T19:01:26Z DavidMCEddy 218607 create 2809281 wikitext text/x-wiki [[File:Nukes or nonviolence.png|thumb|Nuclear war or nonviolent noncooperation?]] :''Humanity is one misunderstanding, one miscalculation away from nuclear annihilation. ... This is madness. We must reverse course.'' : -- [[w:António Guterres|UN Secretary General António Guterres]] (2022)<ref>Jacobsen (2024), BBC (2022).</ref> :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. Part I of this book on ''[[Media Literacy and You]]'' discusses "The media and political economy". Except in times of terror, massive lawlessness or war, most humans place a high priority on their financial situation, the primary focus of Part I. Part II on "The media and war" focuses on security concerns starting with this chapter on "Deterrence without threat". == Introduction == Every individual and group has a right and an obligation to defend itself. Unfortunately, when most humans<ref>We distinguish here between "humans" and "people" or "persons", because under current US law, corporations are "people" and money is speech, per the US Supreme Court decision in ''[[w:Citizens United v. FEC|Citizens United v. FEC]]'' (2010) and many other judicial rulings and US law such as the [[w:Patriot Act|Patriot Act]] of 2001.</ref> think of defense, they often think of violent responses to provocations. However, there is a growing body of research documenting :(a) how most uses of violence are counterproductive, and :(b) that there are usually nonviolent options to violence that would more effectively promote broadly shared peace and prosperity for the long term. This research is rarely discussed by major media outlets, because it would offend the "people"<ref>We put "people" in quotes in this essay, because that term includes corporations under current US law.</ref> who control most of the money for the media: Nonviolence threatens their ability to get compliance from security forces. As a result, many elites prefer to use force to the detriment of the bottom 99 percent of humanity. As discussed below, a military posture that supports projecting force beyond one’s own borders may be as likely to ''provoke'' as ''prevent'' an attack.<ref>For example, Lebow (2025) cites some of his previous work with others to support the claim that large militaries have been "more provocative than preventative in" their effects. And Lebow (2024) insists that, "Policymakers respond more instinctively than analytically in deciding that some policy is or is not in the national interest." See also Lebow et al. (2023).</ref> This chapter outlines a 3-part strategy that research suggests would more likely lead to better outcomes for the vast majority of humans: # Citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference in the content. # Training in nonviolent noncooperation for anyone willing to listen. # Forbid uses of force beyond one’s own borders and covert interference in foreign countries. We now discuss each of these briefly. == 1. Citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference in the content. == It seems that :''Primary drivers of every major conflict include differences between the media that the different parties find crecible.'' In a recent interview with [[w:Fordham University|Fordham University]] Professor Emerita of Communications Robin Andersen,<ref name=Andersen><!--Robin Andersen-->{{cite Q|Q132982358}}</ref> she agreed with this claim and added: :''We only have enemies of our very own making.'' The media are involved in this, because: :''The major media create the stage upon which politicians read their lines.''<ref>In 1791 James Madison, who represented part of Virginia in the US House of Representatives 1789-1801 and later became the 4th President of the US (1809-1819), said, "Public opinion sets bounds to every government, and is the real sovereign in every free one." Quoted from the ''[[w:National Gazette|National Gazette]]'' (published 1791-1793) by Schmeller (2009, p. 36) and Sauer (2016, p. 5). Sauer described how the American Revolutionaries, especially the first four US presidents, planted stories in newspapers to build support for how they dealt with the [[w:Barbary corsairs|Barbary pirates]], who were seizing merchant ships, raiding European coastal towns and villages, and selling European captives into slavery. The first two US presidents, [[w:George Washington|Washington]] and [[w:John Adams|Adams]], used that support for protecting US shipping and citizens by paying tribute to government leaders in Morocco, Algeria, Tunisia, and Libya. The next two presidents, [[w:Thomas Jefferson|Jefferson]] and [[w:James Madison|Madison]], convinced Congress to fund a navy and marines to fight the [[w:Barbary Wars|Barbary Wars]]. This included the [[w:Battle of Derna (1805)|Battle of Derna]] (April-May 1805), memorialized in the [[w:Marines' Hymn|Marines' Hymn]], which mentions actions "to the shores of Tripoli". Sauer described how the policies were sold to the public via planted stories in the different partisan newspapers.</ref> This works because (a) virtually everyone thinks they know more than they do ([[w:Overconfidence effect|overconfidence effect]]), and (b) virtually everyone prefers information and sources consistent with preconceptions ([[w:confirmation bias|confirmation bias]]). Also, in many, perhaps all, countries, the primary constituency for foreign and military policy is the people with foreign business interests. Many of these people also control substantial portions of the money for the media, which have too often encourage questionable and counterproductive uses of military force.<ref>If we [[w:follow the money|follow the money]], we might find that "watchdogs generally protect the people who feed them", as discussed in the 2025-09-25 interview with British journalist and media reform activist Dan Hind discussing how the British [[Media Reform Coalition challenges anti-democratic media bias in the UK]].</ref> === Examples === A leader in documenting the role of the media in armed conflict is Robin Andersen,<ref>e.g., Andersen (2006, 2026).</ref> but she is not alone. For example, [[w:University of Denver|University of Denver]] journalism professor Kareem El Damanhoury<ref name=Daman><!--Kareem El Damanhoury-->{{cite Q|Q113752441}}</ref> has compared how [[w:Gaza Strip|Gaza]] has been framed differently by [[w:Al Jazeera Media Network|Al Jazeera]], the [[w:BBC|BBC]]<ref>El Damanhoury et al. (2025).</ref> and [[w:Fox News|Fox]].<ref>El Damanhoury and Saleh (2024).</ref><ref>Some of El Damanhoury's work in this regard [[Differences between media outlets including coverage of Gaza|is reviewed in a 2025-11-20 interview with him]].</ref> ==== World War I ==== Andersen's (2006) ''A Century of Media, A Century of War'' begins with a discussion of "The birth of war propaganda" in "The Great War and the Fight between Good and Evil".<ref>Andersen (2006, ch. 1)</ref> A more detailed but compatible discussion of the media and [[w:World War I|World War I]] is given by [[w:John Maxwell Hamilton|John Maxwell Hamilton]]. Among other things, he said: {{quote| The first iron law of propaganda is that only the enemy does it.<ref>Hamilton (2020, p. 642). See also the [[John Maxwell Hamilton on American propaganda|2025-12-11 interview with Hamilton]].</ref>}} [[File:MB Walker - German bayoneting children - Life - July 25, 1915.png|thumb|left|Stories of German soldiers impaling children on their bayonets were widely reported during the war. However, no credible evidence was found to support these claims when questions were raised after the war.<ref>{{cite web|title=Alleged German atrocities: Bryce report|url=http://www.nationalarchives.gov.uk/pathways/firstworldwar/spotlights/p_alleged_german.htm|publisher=The National Archives|access-date=13 July 2014}}</ref>]] Andersen (2006, pp. 8-9) said, {{quote| James Bryce, the former British ambassador to the United States, ... helped prepare a sixty-one page ''Report on the Committee on alleged German Outrages'', which was translated into thirty languages and was said to be based on twelve hundred depositions ... included gruesome and titillating details of how German soldiers publicly raped Belgian girls in the marketplace at Liege and bayonetted a two-year-old child. ... [A]fter the war a Belgian commission of inquiry found no evidence for any major accusation in the report. ... German propagandists, on the other hand, ... "bungled, because they were naïve: they thought the success of the war depended almost solely on military strategy and therefore they tended to neglect propaganda." ... Thus, when German soldiers shot some Allied nurses who had carried weapons, they admitted it openly. The Allies reported the incident as an atrocity and featured it in press propaganda. When French troops shot German nurses under similar circumstances, the Germans failed to exploit it.}} ==== Jonathan Swift 1710 ==== This is not limited to World War I. In 1710, [[w:Jonathan Swift|Jonathan Swift]] reportedly said, "Falsehood flies, and truth comes limping after ... like a physician, who hath found out an infallible medicine, after the patient is dead."<ref name=Swift>Excerpted from a line in [[Wikiquote:Jonathan Swift]] consulted 2026-04-13.</ref> ==== The Marines' Hymn ==== The [[w:Marines' Hymn|Marine Corps Hymn]] begins, {{quote| From the Halls of Montezuma To the shores of Tripoli; We fight our country's battles In the air, on land, and sea.}} The "[[w:Battle of Chapultepec|Halls of Montezuma]]" refer to the [[w:Mexican–American War|Mexican–American War]], which was fought to expand slavery first into [[w:Texas|Texas]] -- and supporters of slavery hoped that would help expand slavery further west. The "[[w:Battle of Derna (1805)|shores of Tripoli]]" were part of the [[w:Barbary Wars|Barbary Wars]], which were fought to reduce the need to pay (a) tribute to the [[w:Barbary Coast|Barbary or Berber]] states of [[w:Morocco|Morocco]], [[w:Algeria|Algeria]], [[w:Tunisia|Tunisia]], and [[w:Libya|Libya]] or (b) ransom to [[w:Barbary corsairs|Barbary pirates]], who were otherwise capturing Christians and selling them into slavery. Did the bottom 99 percent of the US population of that time benefit? Or did these wars (and any tribute and ransom paid by the US government before the Barbary wars) constitute a hidden transfer of wealth from the poor to the wealthy? Research is needed on these questions. ==== Gulf of Tonkin Resolution: "Betray the nation or do not get elected." ==== Regarding the [[w:Vietnam War|Vietnam War]], former president [[w:Dwight D. Eisenhower|Eisenhower]] wrote in his autobiography, which appeared in 1963 (he left the presidency 1961-01-20), that he had never communicated {{quote| with a person knowledgeable in Indochinese affairs [including Vietnam] who did not agree that had elections been held as of the time of the fighting [leading to the defeat of the French in 1954], possibly 80 per cent of the population would have voted for the Communist [[w:Ho Chi Minh|Ho Chi Minh]].<ref>Eisenhower (1963, p. 372).</ref>}} [[w:Joseph McCarthy|Joseph McCarthy]], who had been elected to the US Senate in 1946 and "experienced a meteoric rise in national profile beginning on February 9, 1950, when he gave a" speech during which he said something like, "The [[w:United States Secretary of State|State Department]] is infested with communists. I have here in my hand a list of 205—a list of names that were made known to the Secretary of State as being members of the Communist Party and who nevertheless are still working and shaping policy in the State Department." McCarthy's mostly baseless claims went largely unchallenged in the media, including accusing the Democrats of "twenty years of treason" for having been allied with the Soviet Union, which took the bulk of casualties during World War II. By the end of 1953 with (Republican) Eisenhower as president roughly 11 months, McCarthy was complaining about "''21'' years of treason", complaining that Eisenhower was not sufficiently aggressive in rooting out the communists who McCarthy claimed were in the government.<ref>Fried (1997, p. 179).</ref> Then the French were defeated by Vietnamese communists 1954-05-07 in the [[w:Battle of Dien Bien Phu|Battle of Dien Bien Phu]]. The [[w:1954 Geneva Conference|1954 Geneva Conference]], which had begun eleven days earlier, 1954-04-26, concluded 1954-07-21 with the "Geneva Accords of 1954".<ref>The [[w:Battle of Dien Bien Phu|Battle of Dien Bien Phu]], 1954-05-07, effectively ended the [[w:First Indochina War|French Indochina War]]. This led to the [[w:1954 Geneva Conference|Geneva accords of 1954]], officially dated 1954-07-20 but actually signed the following morning. Those accords took effect on three different dates, July 27 and August 1 and 11 in three different sectors of Vietnam. See <!--Agreement on the Cessation of Hostilities in Vietnam-->{{cite Q|Q139676410}}</ref> Those accords called for UN-supervised elections for July of 1956, when Eisenhower would presumably be campaigning for reelection. Eisenhower doubtless knew that he might lose his bid for re-election in 1956, if the Communist Ho Chi Minh won elections in July of that year. :''The consistent suppression of honest portrayal in the major media of that day of the perspective of anyone whom Eisenhower considered "knowledgeable in Indochinese affairs" gave him -- and his successors [[w:John F. Kennedy|Kennedy]], [[w:Lyndon B. Johnson|Johnson]], and [[w:Richard Nixon|Nixon]] -- the choice between betraying the nation or not getting elected.'' In this environment, the [[w:Operation 34A|US initiated a series of clandestine operations against North Vietnam]] including infiltrating CIA-recruited spies and supporting attacks against North Vietnam by South Vietnamese commandos.<ref>Paterson (2008).</ref> This included a raid 1964-07-30 by South Vietnamese commandos on the island of Hòn Mê, roughly 300 km (180 miles) north of the [[w:Vietnamese Demilitarized Zone|Vietnamese Demilitarized Zone]] in the [[w:Gulf of Tonkin|Gulf of Tonkin]], covered by [[w:DESOTO patrol|US naval vessels]] patrolling in that area. Then during a dark and stormy night six days later, US naval vessels opened fire on radar snow, and President Johnson requested and received Congressional approval of the [[w:Gulf of Tonkin Resolution|Gulf of Tonkin Resolution]]; then-[[w:United States Secretary of Defense|US Secretary of Defense]] [[w:Robert McNamara|McNamara]] claimed those attacks were "unprovoked".<ref>Karnow (1983, p. 375). See also the section on [[w:Gulf of Tonkin Resolution#Congress votes|Congress votes]]" in the Wikipedia article on [[w:Gulf of Tonkin Resolution|Gulf of Tonkin Resolution]], accessed 2026-05-14.</ref> In this media environment, only two officials in the US Congress voted against the Gulf of Tonkin Resolution: [[w:Ernest Gruening|Ernest Gruening]] (D-AK) and [[w:Wayne Morse|Wayne Morse]] (D-OR). Gruening lost in his next primary campaign to [[w:Mike Gravel|Mike Gravel]], and Morse lost in his next general election campaign to [[w:Bob Packwood|Bob Packwood]]. These results support the previous claim that the major media give politicians the choice: :''Betray the nation, or do not get elected.'' That resolution became the primary authorization for the US war in Vietnam until Congress ended the funding. ==== Was the Vietnam War lost in Washington or by media biases? ==== [[w:John Mueller|John Mueller]], prolific author, Professor Emeritus of international relations at [[w:Ohio State University|Ohio State University]] and Senior Fellow at the [[w:Cato Institute|Cato Institute]], said that the most effective thing the US did to win the [[w:Cold War|Cold War]] was — :''nothing'': Between the [[w:Fall of Saigon|Fall of Saigon]] in 1975 and the inauguration of [[w:Ronald Reagan|Ronald Reagan]] as President of the US, the US "went into a sort of containment funk: it effectively adopted a policy of complacency (or perhaps of appeasement) as it watched from the sidelines as the Soviet Union … opportunistically gathered a set of Third World countries into its imperial embrace: Angola in 1976, Mozambique and Ethiopia in 1977, South Yemen and Afghanistan in 1978, Grenada and Nicaragua in 1979."<ref>Mueller (2021, p. 59).</ref> Nearly all became major economic and political drains on the Soviets with Afghanistan being the worst. And their Warsaw Pact allies in Eastern Europe became a severe economic drain and psychic problem.<ref>Mueller and Graves (2023).</ref> President Reagan, inaugurated 1981-01-20, had a very different vision of the role of the US in foreign relations from his predecessor, [[w:Jimmy Carter|Jimmy Carter]]. In 1983-06-21 Reagan insisted, "We cannot permit the Soviet-Cuban-Nicaraguan axis to take over Central America", because the consequences would include "a tidal wave of refugees ... 'feet people' ... swarming into our country."<ref>Clines (1983).</ref> Other sources<ref>e.g., Andersen (2006, Part II).</ref> insist the opposite, that the vast majority of deaths in Central America during the Reagan years were poor humans petitioning nonviolently for a redress of grievances, suppressed by terrorist / death squads supported by the Reagan administration largely in violation of laws passed by Congress and signed by President Reagan. On 1986-10-05 [[w:Corporate Air Services HPF821|a Nicaraguan soldier with a surface to air missile shot down a C-123]] cargo aircraft carrying supplies to the Contra roughly 35 miles (56 km) north of Costa Rica. Documents found in the wreckage and a confession by the sole survivor led to the [[w:Iran–Contra affair|Iran-Contra hearings]] the following year, during which Lt. Col. [[w:Oliver North|Oliver North]] insisted, "We didn't lose the war in Vietnam ..., we lost it in this city."<ref>Andersen (2006, p. 137). See also, Wikipedia, "[[w:Stab-in-the-back myth|Stab-in-the-back myth]]", accessed 2026-05-13.</ref> The previous section on the "Gulf of Tonkin Resolution" provides an alternative narrative of the Vietnam War: If as Eisenhower claimed, "possibly 80 per cent of the [Vietnamese] population would have voted for the Communist [[w:Ho Chi Minh|Ho Chi Minh]]" if elections had been held there, it's hard to imagine how anyone else could have won without aggressive action that actually ''improved'' the lives of Vietnamese peasants in the South. US-led efforts there were officially designed to win "[[w:Hearts and Minds (Vietnam War)|Hearts and Minds]]" but were implemented with such coercion that the result was the opposite. A cynic might say that it is hard to win people's hearts and minds by killing them. ====Richard Barlow and nuclear proliferation==== There is also documentation that the US helped Pakistan get nuclear weapons and destroyed the career of an intelligence analyst, [[w:Richard Barlow (intelligence analyst)|Richard Barlow]], for telling his managers they should not lie to Congress about it. Barlow has insisted that neither Pakistan nor North Korea would have nuclear weapons and Iran would not have a nuclear weapons program today, if the US had followed its own laws. Barlow’s claims, including his punishment by administration officials, have been reported in major media outlets<ref>e.g., Stein (2013). See also Wikipedia, "[[w:Richard Barlow (intelligence analyst)|Richard Barlow (intelligence analyst)]]", accessed 2026-05-06.</ref> but not in a way that would seriously limit the ability — and need — for administration officials to lie to Congress. ==== Nayirah testimony and the 1990-1991 Gulf War ==== A more recent example is the 1990-10-10 testimony by [[w:Nayirah testimony|Nayirah al-Ṣabaḥ to the US Congressional Human Rights Caucus]], two months after the Iraqi invasion of Kuwait. She claimed to have seen Iraqi soldiers taking premature babies out of incubators in a maternity ward before looting the incubators and leaving the babies to die on the floor after the Iraqi invasion of Kuweit; she said she had been a volunteer nurse in the hospital at that time. Her statements were widely publicized and cited numerous times in the United States Senate and by American president George H. W. Bush to contribute to the rationale for pursuing military action against Iraq. It was later revealed that she was the daughter of Kuwaiti ambassador Saud Nasser al-Saud al-Sabah and that her testimony was false.<ref>Andersen (2006, ch. 12).</ref> ==== 1998 Embassy bombings and September 11 ==== As another example, there is substantial documentation available today that [[1998 Embassy bombings and September 11|the suicide mass murders of September 11, 2001]], likely would not have occurred if the US had treated the 1998 bombings of the US embassies in Kenya and Tanzania as law enforcement issues. Muslim clerics all over the world initially condemned those acts. Al-Qaeda was dead. Their funding had largely dried up. And bin Laden was scheduled to be extradited the following month to Saudi Arabia to be prosecuted for treason, where he would likely have been convicted and executed.<ref>Those 1998 attacks on US embassies in Kenya and Tanzania were reportedly motivated as retaliation for US support for torture, transferring a colleague of bin Laden to Egypt for torture, according to Mayer (2008, p. 114). The major media in the US has provided ample coverage of, e.g., promises by Donald Trump supporting torture (McCarthy 2016), while largely suppressing honest discussion of the research on it. For example, around 1629 the Duke of Brunswick was discussing torture with two leading Jesuit scholars, who supported it. They insisted that torture had been used only with individuals identified by other "witches", who had "confessed" after torture. The Duke then led the Jesuits to a woman being stretched on the rack and asked her, “You are a confessed witch. I suspect these two men of being warlocks. What do you say? Another turn of the rack, executioners.” “No, no!” screamed the woman. “You are quite right. I have often seen .. . They can turn themselves into goats, wolves, and other animals. … Several witches have had children by them. … The children had heads like toads and legs like spiders.” The Duke then asked the Jesuits. “Shall I put you to the torture until you confess, my friends?” One of the Jesuits was [[w:Friedrich Spee|Friedrich Spee]], who thanked God he had been led to this insight by a friend and then wrote a book against torture. See Pinker (2011, pp. 138-139). Similar comments about the counterproductive nature of torture were made by General Stanley McChrystal (2013), who held several command positions in Iraq and Afghanistan.</ref> But it seemed questionable at best whether major media executives in the US would have given favorable coverage to such a diplomatic solution. Instead, the US bombed a pharmaceutical plant in Sudan and al-Qaeda training camps in Afghanistan. Then Muslim public opinion turned 180 degrees to conclude, "Bin Laden is right: The US ''is'' an evil empire." The US became bin Laden’s only indispensable ally, according to the CIA agent responsible for tracking bin Laden at that time.<ref>Scheuer (2004, p. xv).</ref> Leading Saudis started supporting al-Qaeda, including some working for the Saudi embassy and consulates in the US. Only one country seems to have been involved in the preparations for the September 11 attacks, and that was Saudi Arabia. But Saudis were friends of the Bush family, and a crisis is a terrible thing to waste.<ref>Romer (2009).</ref> :''Did the US invade Afghanistan and Iraq on grounds that senior journalists and leading media executives should have known at the time were questionable and likely fraudulent — to the detriment of nearly everyone except the "people" who control most of the money for the media?'' Similarly, on 2003-05-29 [[w:BBC|BBC]] journalist [[w:Andrew Gilligan|Andrew Gilligan]] reported that the [[w:Tony Blaire|Blair government]] had "sexed up" [[w:September Dossier|intelligence reports]] issued the previous September to justify supporting the 2003-03-20 [[w:Iraq War|US-led invasion of Iraq]], two months before Gilligan's report. This led to the [[w:Hutton Inquiry|Hutton Inquiry]], which led to the resignations of Gilligan and the BBC's chairman and the firing of the BBC's director-general. However, the British public expressed so many reservations about the Hutton Inquiry that a follow-up investigation was ordered in 2009. This became the "[[w:Iraq Inquiry|Iraq Inquiry]]", whose 2016-07-06 report essentially validated what Gilligan had said just over 13 years earlier. This provides one more example of the 1710 maxim of Jonathan Swift that, "Falsehood flies, and truth comes limping after ... like a physician, who hath found out an infallible medicine, after the patient is dead."<ref name=Swift/> ====Ukraine war==== Page 1 of the 2023-05-04 edition of ''[[w:Le Monde Diplomatique|Le Monde Diplomatique]] carried a headline: :One year after the invasion of Ukraine: The media, vanguard of the war party,<ref>Halimi and Rimbert (2023) in the French-language original.</ref> consistent with Andersen (2006). === in sum === You, dear reader, can help overcome these problems by talking, as suggested in the exercises below and the rest of this book. If you can help others become less angry and more willing to agree to disagree agreeably with others, that should reduce the risk of war and improve the prospects for progress on all the other major problems facing humanity today. ==2. Training in nonviolent noncooperation for anyone willing to listen == A major driver of the current conflict between India and Pakistan is mistreatment of Muslims in India. Simulations of a nuclear war between India and Pakistan suggest that such a war would likely produce a nuclear autumn lasting years during which 40 percent of humanity would starve to death if they did not die of something else sooner. Over 90 percent of those would be in countries not involved in the nuclear exchange.<ref>Xia et al. (2022). See also Wikiversity, "[[Responding to a nuclear attack]]", accessed 2026-05-05.</ref> The recent "[[w:2025 India–Pakistan conflict|2025 India–Pakistan conflict]]" was a response by India to violence in Indian-administered [[w:Kashmir|Kashmir]] by terrorists allegedly supported by Pakistan. India would have had much more difficulty justifying violent repression of ''nonviolent'' protests, especially if a more diverse media ecology gave such protests more and more sympathetic coverage. During the [[w:Great Depression|Great Depression]], ethnic Germans in the [[w:Sudetenland|Sudetenland]] region of [[w:Czechoslovakia|Czechoslovakia]] were harder hit by increasing trade barriers than their non-German neighbors. They were therefore more open to populist and extremist movements such as fascism, communism and German irredentism.<ref>Wikipedia, "[[w:Sudetenland|Sudetenland]]", esp. the section on "[[w: Sudetenland#Within the Czechoslovak Republic (1918–1938)|Within the Czechoslovak Republic (1918–1938)]]", accessed 2026-05-05.</ref> If those ethnic Germans had used nonviolent noncooperation to highlight their grievances, and if Czechoslovakia at that time had had a substantially more diverse media system, it seems likely that they could have gotten reasonable redress of grievances. If so, it would have been harder for Hitler to use that as an excuse to invade Czechoslovakia, as he did in 1938.<ref>Wikipedia, "[[w:Occupation of Czechoslovakia (1938–1945)|Occupation of Czechoslovakia (1938–1945)]]", accessed 2026-05-05.</ref> An ideal settlement of the current Russo-Ukraine war might include training in nonviolent noncooperation made more effective through a more diverse media culture as suggested above. A substantial portion of the Ukrainian population, especially the Ukrainian military, are reported to be vicious anti-Russian Nazis, and the Ukrainian government has outlawed many uses of non-Ukrainian languages, especially Russian.<ref>Horton (2024).</ref> A campaign of nonviolent noncooperation with a vigorous, diverse adversarial press would likely make it harder for Ukraine to continue any persecution of Russian speakers. It would also make it harder for major media in the US and Western Europe to suppress honest discussion of anti-Russian racism in Ukraine. Swanson (2022) said that the [[w:Baltic states|Baltic states]] have implemented such training in preparations for a possible Russian invasion; they might be asked to support such training in Ukraine (and elsewhere).<ref>Swanson (2022).</ref> === Life in prison for teaching nonviolence === Per the US Supreme Court decision in ''[[w:Holder v. Humanitarian Law Project|Holder v. Humanitarian Law Project]]'' (2010), teaching nonviolence to anyone whom the US State Department claims supports a foreign terrorist organization is "[[w:Providing material support for terrorism|providing material support for terrorism]]", which is a felony under the USA [[w:Patriot Act|Patriot Act]] of 2001. Moreover, if the State Department claims that the death of any "person" resulted from the activities of the designated foreign terrorist organization, the penalty can be life in prison, where "person" is defined in the Patriot Act as "any individual or entity capable of holding a legal or beneficial interest in property".<ref>The treatment of [[w:Sami Al-Arian|Sami Al-Arian]] is worth noting in discussing the Patriot Act. Al-Arian is a Kuwaiti-born political activist of Palestinian origin, who earned a doctorate in Electrical Sciences and Systems Engineering at [[w:North Carolina State University|North Carolina State]] in 1985 and taught computer engineering at [[w:University of South Florida|University of South Florida]] (USF) beginning in 1986. He was granted permanent resident status in 1989. In 1993 he earned a Distinguished Teacher Award as a tenured associate professor at USF. He was an [[w:imam|imam]] in a local [[w:mosque|mosque]] and led in other initiatives to promote dialogue and public policy initiatives between the West and Middle East. On September 26, 2001, he appeared on ''[[w:The O'Reilly Factor|The O'Reilly Factor]]'' where he was confronted with a 1988 recording of him shouting "death to Israel". Al-Arian replied that "Death to Israel" meant "death to occupation, ... apartheid, ...oppression," whereupon O'Reilly cut him off and called for the [[w:Central Intelligence Agency|Central Intelligence Agency]] to investigate him. Al-Arian spent most of the next 14 years between that 2001 interview and 2015 in detention, much of it in solitary confinement. This period included a 2005 trial that ended with acquittal on 8 counts and a hung jury on another 9. In 2015 he was deported to Turkey. In 2017, he founded the Center for Islam and Global Affairs at [[w:Istanbul Sabahattin Zaim University|Istanbul Sabahattin Zaim University]] in Istanbul, Turkey, which he directs. What has been the impact of treatment of Al-Arian on the well-being of the bottom 99 percent of the US and world population?</ref> How did these provisions get written into the Patriot Act? That's a question that deserves research, perhaps by asking elected officials in the US Congress and lobbying for their repeal. A speculation consistent with the thesis of this book is that nonviolence terrifies those who control most of they money for the media, because it threatens their ability to get their security forces to follow orders. ==3. Forbid uses of force beyond one’s own borders and covert interference in foreign countries == :''[[w:Si vis pacem, para bellum|If you want peace, prepare for war.]]'' : -- ''[[w:De Re Militari|De Re Militari]]'' by [[w:Publius Flavius Vegetius Renatus|Publius Flavius Vegetius Renatus]] (fourth or fifth century AD) The record of history is now clear: Those who prepared for war often got war initiated when one party claimed they were being attacked or about to be attacked and believed they would fare better by attacking. Sometimes this occurred when the media environment convinced leaders that their political futures required them to clandestinely provoke foreign entities to do things that could then be denounced as unprovoked to justify military escalation, as mentioned in the previous section. ===Deterrence theory and nuclear Armageddon=== Standard [[w:Deterrence theory|deterrence theory]] assumes that one's opponents are rational and do not want [[w:Armageddon|Armageddon]]. At least some portions of the [[w:Islamic State|Islamic State]] reportedly violates this assumption, because it "not only believes in the literal meaning of the coming Armageddon – it sees itself as its chief protagonist."<ref>Misra (2015).</ref> Some [[w:Christian nationalism|Christian nationalists]] promoted to command positions by [[w:United States Secretary of Defense|US Secretary of Defense]] [[w:Pete Hegseth|Hegseth]] and President Trump also seem to believe that Armageddon might be desirable. On 2026-03-03 the [[w:Military Religious Freedom Foundation|Military Religious Freedom Foundation]] said they had received over 200 complaints from over 50 different US military installations with comments like, "President Trump has been anointed by Jesus to light the signal fire in Iran to cause Armageddon and mark his return to Earth", per an email from one [[w:Non-commissioned officer|NCO]].<ref>Nick Mordowanec (2026).</ref> With Hegseth holding monthly Christian worship services in the Pentagon during business hours,<ref>Black (2025), Mayes-Osterman (2025). See also the section on "[[w:Pete Hegseth#Pentagon Christian worship services and "biblically sanctioned war"|Pentagon Christian worship services and "biblically sanctioned war"]] in the Wikipedia article on [[w:Pete Hegseth|Pete Hegseth]], accessed 2026-05-14.</ref> this suggests that Hegseth could have appointed enough Christian nationalists to key positions to initiate nuclear attacks on Iran or Russia, claiming that President Trump had ordered such whether he had or not.<ref>The secret codes carried in the "[[w:nuclear football|nuclear football]]" required by the [[w:Permissive action link|permissive action link]]s would ''not'' prevent Hegseth and a few others appointed by him from initiating nuclear Armageddon, according to Ellsberg, who had been a nuclear war planner for presidents Eisenhower, Kennedy, Johnson, and Nixon, before releasing the ''[[w:Pentagon Papers|Pentagon Papers]]''. Ellsberg (2017, p. 69) insisted that the security provided by those secret codes were a hoax, because otherwise a single nuclear detonation on Washington, DC, when both the president and vice president were in town "would would definitively block any authorized, coordinated nuclear response to that or any subsequent nuclear attack."</ref> The biggest risk today may be the risk of [[w:Nuclear holocaust|nuclear Armageddon]], which seems on average to grow over time consistent with experience with "[[w:system accidents|system accidents]]" in other fields: Managers of complex systems subject to rare, catastrophic failures "learn" from experience that they can take ever greater risks, because they have "safely" done so in the past — until there is a catastrophe:<ref>Kahneman and Klein (2009) found that expert intuition, when it exists, is learned from frequent, rapid, high quality feedback. With anything nuclear, mishaps are so rare that managers develop "expert intuition" that they can "safely" ignore safety concerns -- until there is a catastrophe. See also Sagan (1993).</ref> See also the chapter below on [[/Media Literacy and You/Responding to a nuclear attack/|Responding to a nuclear attack]]. ===Research on the effectiveness of deterrence and implications=== Lebow and others have provided substantial documentation of case studies claiming that leaders are often not rational, and deterrence based on threatening use of military force beyond one’s own borders has been ''as likely to provoke as prevent'' undesired behavior.<ref>Lebow (2025, 2024), Lebow et al. (2023).</ref> The most obvious portions of this threat can be entirely eliminated by policies clearly and effectively forbidding use of force beyond one’s own borders. This can be signaled in at least three ways: * Eliminate all weapon systems like missiles and aircraft with a range of more than, e.g., a hundred miles or 200 kilometers with the possible exception of surveillance only aircraft that cannot be easily configured to carry [[w:Materiel#Military|ordnance]], e.g., explosives. Similarly eliminate nuclear weapons, which few if any countries would want to use for military defense inside their own borders. * Supply a national guard and reserves with weapons, training, and rules of engagement that prohibit projecting force beyond one’s own borders. Train them also in development and use of improvised explosive devices and other tactics and devices like low cost military drones. :Afghanistan is said to be the "[[w:Graveyard of empires|Graveyard of empires]]". They defeated the British three times (1839–1842, 1878–1880, 1919), the Soviet Union (1979–1989), and the US (2001–2021). Each victory came with foreign supplies, but any foreign troops helping Afghanis were primarily under the command of local leaders. :The [[w:2003 invasion of Iraq|2003 invasion of Iraq]] might have produced [[w:Nation-building|nation-building]] more like the experience of [[w:Nation-building#Germany and Japan after World War II|Germany and Japan after World War II]] if the US had mandated a vigorous adversarial press instead of strict censorship, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, Appendix II. Ike, MacArthur and the Forging of Free and Independent Press, pp. 241-254).</ref> This claim by McChesney and Nichols was not endorsed by [[News from Germany 1900-1945 and implications for today#After the war in Germany vs. Iraq|University of British Columbia History professor Heidi Tworek]], who said the democratization efforts in Germany and Japan after World War II were more complicated than that implied by that brief discussion by McChesney and Nichols.<ref>The 2025-07-03 interview with Tworek is available at "[[News from Germany 1900-1945 and implications for today]]", accessed 2026-05-14.</ref> However, the research by Usher and Kim-Leffingwell (2022) and the related research on news deserts summarized in the preface to this ''[[Media Literacy and You]]'' book largely supports those claims by McChesney and Nichols. :[[w:Defense industry of Ukraine|Ukraine has become a world leader in military drones]], many of which are dramatically cheaper than alternatives. Most of those have limited range but have been useful for reconnaissance and delivery of ordnance and improving targeting of, e.g., surface to air missiles. :[[w:Eliot A. Cohen|Eliot Cohen]], who served as a special advisor to [[w:United States Secretary of State|US Secretary of State]] [[w:Condoleezza Rice|Condoleezza Rice]] from 2007 to 2009, wrote, "As the United States discovered in Iraq and Afghanistan, no matter how large, technologically advanced, and proficient an army is, motivated insurgents can still inflict casualties in the tens of thousands."<ref>Cohen (2022), cited from Horton (2024, p. 1026).</ref> Cohen recommended we "Arm the Ukranians now". Horton said that the neoconservatives learned from Iraq War II and Afghanistan that the US "should fight like those who defeated them."<ref>Horton (2024, p. 1026).</ref> :Leading economist [[w:Jeffrey Sachs|Jeffrey Sachs]] addressed the European Parliament 2025-02-19, claiming that the tragedy that befell Serbia in 1999 and subsequent US uses of force in Iraq and Syria, plus wars in Africa including Syria, Somalia and Libya and the current wars in Ukraine and the Israel-Hamas war, "are to a very significant extent the result of deeply misguided US policies."<ref>Sachs (2025-02).</ref> He said that Europe should craft its own foreign and military policies, independent of the US. ''[[w:Le Monde Diplomatique|Le Monde Diplomatique]]'' noted that Sachs' speech has circulated among social media since ''but has yet to be seriously discussed by major European media.''<ref>Sachs (2025-04; emphasis added).</ref> * Change the laws of government secrecy so government officials cannot secretly interfere in the internal affairs of foreign countries or otherwise project force outside their own borders. This might be achieved in the US in part by requiring anyone with information about questionable actions by government officials to provide such documentation to one or more congressional oversight bodies while also allowing any current or former government employee or contractor to file suit in any US federal jurisdiction if they feel they have been punished for refusing to support questionable activities. In addition, federal judges should be authorized to subpoena classified government documents that may be relevant to any case in their jurisdiction and declassify them subject to appellate review if they believe the national interest would be better served by declassification. :If the law is changed without a substantive [[#1. Citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference in the content.|citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference]], as discussed above, the change could be merely cosmetic and unconvincing to local public officials and potential adversaries. :Connelly (2023) noted that US government secrecy has in the past encouraged administration officials to do things to provoke actions by foreign entities that can then be denounced as “unprovoked” to stampede the US Congress and the public into supporting counterproductive uses of military force, as discussed above.<ref>See also Connelly et al. (2023).</ref> A more diverse media culture should make it harder for administration officials to lie to the public and to Congress — and harder to punish government employees who tell their managers that they should not lie to Congress, as they reportedly did to [[#Richard Barlow and nuclear proliferation|Richard Barlow]], mentioned above. :The Barlow case and many others explain why the US should, e.g., give federal judges the authority to subpoena classified documents and declassify them if they believe the public good is better served from declassification than continued secrecy.<ref>See, e.g., the 2025-05-08 interview with Seth Stern and Lauren Harper discussing what the "[[Freedom of the Press Foundation says...]]", Graves (2014), and [[w:Moynihan Commission on Government Secrecy|Moynihan Commission on Government Secrecy]], accessed 2026-05-06. Graves (2021) recommends "Congressional Gold Medals for" Barlow and whistleblowers.</ref> These policies would make it hard for any foreign leader to justify an attack for multiple reasons: First, it would be difficult to convince their supporters that such an attack is necessary. Second, a rational foreign leader might be hesitant to invade a country that is prepared to fight a guerrilla war. Germany reportedly considered invading [[w:Switzerland during World War I and World War II|Switzerland during both World Wars I and II]] and decided against it in part because Switzerland had large, well-trained ready reserves, who were ready to fight. Belgium seemed to be an easier route.<ref>Documented in Wikipedia, "[[w:Switzerland during World War I and World War II|Switzerland during World War I and World War II]]", accessed 2026-05-06. Switzerland also has many mountains, which make it easier to defend, but the capabilities of the Swiss military also influenced the German decision to avoid Switzerland.</ref> Third, even if foreign invaders defeat the guerrillas, they should not assume that their invading forces would continue to follow orders. [[w:Rescue of the Danish Jews|Ninety-nine percent of Danish Jews reportedly survived World War II]] because of Danish noncooperation ''supported by a German diplomat''.<ref>Wikipedia, "[[w:Rescue of the Danish Jews|Rescue of the Danish Jews]]", accessed 2026-05-06.</ref> With policies like these in place, it would be hard for foreign leaders to convince their supporters of a need to attack, as [[w:2022 Russian invasion of Ukraine|Putin did when invading Ukraine in 2022]],<ref>The Wikipedia article on "[[w:2022 Russian invasion of Ukraine|2022 Russian invasion of Ukraine]]", accessed 2026-05-06, includes a paragraph saying, 'In July 2021, Putin published an essay "On the Historical Unity of Russians and Ukrainians", in which he called Ukraine "historically Russian lands" and claimed there is "no historical basis" for the "idea of Ukrainian people as a nation separate from the Russians"'. Putin was accused of promoting Russian imperialism, historical revisionism and disinformation. Writing in 2024, Michael McFaul and Robert Person described this essay as representing not only "cynical propaganda" but also Putin's "deeply held and internalized beliefs". See the Wikipedia article for references supporting those claims.</ref> as [[w:2025 India–Pakistan crisis|India did when attacking Pakistan in 2025]], and as [[w:Invasion of Poland|Hitler did when invading Poland in 1939]], to name only three examples. === If we continue to base deterrence on threats === There are now calls for Europe to get their own nuclear weapons,<ref>Burgard (2025).</ref> while Iran, Saudi Arabia, Turkey, South Korea and Taiwan have been suggested as other candidates for acquiring nuclear weapons should they feel a sufficient need.<ref>Ruehl (2024).</ref> It is difficult to imagine how the number of nuclear weapon states could be increased without increasing the risks of a nuclear war, consistent with the discussion of "[[w:system accident|system accident]]s" earlier in this chapter. Secondarily, intelligence services with information on political corruption including attempts to intimidate and murder journalists should not be allowed to keep that information secret: They should be required to find ways to leak that information to journalists. Such attacks on journalists in their own country should be exposed and prosecuted if the evidence seems likely to obtain a conviction. Intelligence services with information about such attacks in other countries should be required to find ways to leak it to competent journalists without identifying their sources and methods: Doing so would likely reduce political corruption worldwide and with that the risks of war. === Call for help === Do you, dear reader, know other serious research not cited herein that might improve this analysis? If yes, you can help improve this discussion by adding comments with citations -- or by adding such citation(s) to the "Discuss" page associated with this chapter, suggesting someone else revise the chapter appropriately. There are plenty of contrary claims in the major media, but the lead author of this chapter is not aware of any that are based on serious research. In the absence of such research, the current author finds it difficult to imagine any national defense policies that carry a greater risk of nuclear Armageddon than our current policies, as discussed in the next chapter of this book on ''[[Media Literacy and You]]'' on "[[Media Literacy and You/Responding to a nuclear attack|Responding to a nuclear attack]]". That chapter, in sum, claims that the ''worst'' response to a nuclear attack would be nuclear response, because it would escalate a catastrophe killing millions of humans to one killing ''billions'', possibly 80 percent of humanity in a war between the US and Russia that lofts so much smoke from burning cities to the stratosphere where it covers the globe depressing crop yields for years during with 99 percent of the humans in the US, Europe and Russia would starve to death if they did not die of something else sooner. Moreover, the record of "[[w:System accident|system accident]]s" suggests that the chances of such a war before the end of this century is substantially greater than the 40 percent median estimate based on history mentioned in a presentation on "[[Time to nuclear Armageddon]]" delivered to the 2019 Joint Statistical Meetings. This chapter is being written in the hopes of inspiring action to improve the prospects for broadly shared peace and prosperity for the long term. == Exercises == 1. Disconfirmation bias: Brainstorm your biggest concerns about a current or possible future war. :1.1. Select the one that is of greatest concern to you currently. ::One issue that may not be a major concern for many but might elicit a broad consensus for action would be a campaign to ask elected officials in the US Congress to explain how we benefit from the provisions of the USA Patriot Act of 2001 that authorize life in prison for teaching nonviolence. :1.2. Who are your designated enemies? :1.3. Research what your designated enemies are saying about your biggest concern. :1.4. Under what circumstances would you support what you see your designated enemies advocating or doing? ::If you cannot see such circumstances, expand your research: Look for more sources that support your designated enemies. 2. Interacting: Ask others if you can share what you've learned about that conflict. If they say, "No", don't push it. If they agree, share what you've learned in a friendly supportive manner without saying that anything is "true". ::''Show me someone who knows the truth, and I will show you someone who is dangerous.'' :2.1. The primary goal in this is ''not'' to convince anyone that you are right and they are wrong but to lower the level of anger and increase the level of tolerance for dissenting views. :2.2. Another goal is to comfortably enjoy civil conversations of this nature, agreeing to disagree agreeably and building trusting relationships that support collaboration on issues of common concern. :2.3. After becoming adept at building collaborations on issues of common concern, you might consider teaching this important skill and approach to issues. 3. Teaching: Each one teach two, as discussed in the section on "[[Media Literacy and You#Text and self-help book and point of discuss|Text and self-help book and point of discuss]]" in the preface to this book. <!--== See also ==--> == Notes == {{reflist}} == Bibliography == * <!--BBC (2022-08-01) "Nuclear annihilation just one miscalculation away, UN chief warns"-->{{cite Q|Q139596165|author=BBC}} * <!--Elizabeth Black (2026-05-22) "Hegseth hosts first monthly Christian service in Pentagon"-->{{cite Q|Q139791642}} * <!--Hans Günter Brauch, ed, Towards Rethinking Politics, Policy and Polity in the Anthropocene: Multidisciplinary Perspectives (Springer, pp. 225-234).-->{{cite Q|Q134488491|author= Hans Günter Brauch, ed.}} * <!--Jan Philipp Burgard (2025-04-08) “Opinion | Europe Needs Its Own Nukes”, Politico-->{{cite Q|Q134465922}} * <!--Francis X. Clines (1983-06-21) "Reagan says his opponents risk Central American influx"-->{{cite Q|Q139790146}} * <!--Eliot Cohen (2022-02-23) “Arm the Ukrainians Now”, The Atlantic-->{{cite Q|Q139679796}} * <!--Albert Fried (1997) McCarthyism: the great American Red scare: a documentary history-->{{cite Q|Q106659308}} * <!--Matthew Connelly (2023) The Declassification Engine: What History Reveals About America’s Top Secrets (Pantheon).->{{cite Q|Q116786691}} * <!--Matthew Connelly, Douglas A. Samuelson, and Spencer Graves (2023-03-14) “Does US government secrecy threaten national security?”, Radio Active Magazine on KKFI-->{{cite Q|Q125582094}} * <!--Dwight D. Eisenhower (1063) Mandate for Change-->{{cite Q|Q61945939}} * <!--Daniel Ellsberg (2017) The Doomsday Machine: Confessions of a nuclear war planner (Bloomsbury)-->{{cite Q|Q64226035}} * <!--Spencer Graves (2014-07-18) “Restrict secrecy more than data collection”, San José Peace & Justice Center-->{{cite Q|Q106512569}} * <!--Spencer Graves (2021-10-28) " Congressional Gold Medals for Assange, Hale, Barlow, Winner, Manning, Edmonds, Sterling, Drake, Snowden, Ellsberg"-->{{cite Q|Q125570226}} * <!-- Serge Halimi and Serge Halimi (2023-03) "Un an après l'invasion de l'Ukraine, une débâcle du journalisme: Les médias, avant-guarde du parti de la guerre"-->{{cite Q|Q118225389}} * <!--Scott Horton (2024) Provoked: How Washington Started the New Cold War with Russia and the Catastrophe in Ukraine (Libertarian Inst.)00>{{cite Q|Q139565338}} * <!--Annie Jacobsen (2024-04-10) "'Nuclear war happens in seconds and minutes, not days and weeks': How I researched the end of the world"-->{{cite Q|Q139596142}} * <!-- Kahneman and Klein (2009) Conditions for intuitive expertise: a failure to disagree-->{{cite Q|Q35001791}} * <!--Stanley Karnow (1983) Vietnam: A History-->{{cite Q|Q108903453}} * <!--Richard Ned Lebow (2024) “Are Leaders Rational?”, Critical Review, 36:4, 465-482.-->{{cite Q|Q134487607}} * <!--Richard Ned Lebow (2025) “Thinking Politically About the Anthropocene”, ch. 5 in Hans Günter Brauch, ed, Towards Rethinking Politics, Policy and Polity in the Anthropocene: Multidisciplinary Perspectives (Springer, pp. 225-234).-->{{cite Q|Q134488569}} * <!--Richard Ned Lebow, Douglas A. Samuelson, and Spencer Graves (2023-11-28), “Richard Ned Lebow on national defense including deterrence”, Radio Active Magazine-->{{cite Q|Q124351846}} * <!--Jane Mayer (2008) Dark side : the inside story of how the war on terror turned into a war on American ideals (Doubleday)-->{{cite Q|Q1681286}} * <!--Cybele Mayes-Osterman (2025-12-18) Pete Hegseth pushes his Christian faith in Pentagon prayer services-->{{cite Q|Q139791710}} * <!--Tom McCarthy (2016-02-07) “Donald Trump: I’d bring back ‘a hell of a lot worse than waterboarding'”, The Guardian-->{{cite Q|Q134462630}} * <!-- McChesney and Nichols (2010) The Death and Life of American Journalism-->{{cite Q|Q104888067}} * <!--Stanley A. McChrystal (2013). My share of the task: A memoir (Penguin)-->{{cite Q|Q135406522}} * <!--Amalendu Misra (2015-11-19) “What does Islamic State actually want?”, The Conversation-->{{cite Q|Q134487571}} * <!--Nick Mordowanec (2026-03-03) " Commanders Accused of Framing Iran War as Biblical Mandate, Jesus' 'Return'"-->{{cite Q|Q138840951}} * <!--John Mueller (2021) The Stupidity of War: American Foreign Policy and the Case for Complacency (Cambridge U. Pr.,)-->{{cite Q|Q113702723}} * <!--Mueller and Graves (2023-04-06) "The Stupidity of War and the Exaggeration of Threat"-->{{cite Q|Q139789709}} * <!--Pat Paterson (2008-02) "The Truth About Tonkin"-->{{cite Q|Q133449570}} * <!--Steven Pinker (2011) The Better Angels of Our Nature: Why Violence Has Declined (Viking Press, pp. 138-139)-->{{cite Q|Q60412312}} * <!--Paul Romer (2009-07-31) " A Terrible Thing to Waste-->{{cite Q|Q139676537}} * <!--John P. Ruehl (2025-11-01) “Which Countries Are on the Brink of Going Nuclear?”, Peninsula Peace & Justice Center-->{{cite Q|Q134465827}} * <!--Jeffrey Sachs (2025-02) “Jeffrey Sachs: Speech at European Parliament on February 19, 2025”: Edited transcript and YouTube video (https://newkontinent.org/jeffrey-sachs-speech-at-european-parliament-on-february-19-2025/)-->{{cite Q|Q134463038}} * <!--Jeffrey Sachs (2025-04) “File: The trap of major rearmament: Geopolitics of peace (in French: “Dossier : Le piège du grand réarmement: Géopolitique de la paix”), Le Monde Diplomatique (https://www.monde-diplomatique.fr/2025/04/SACHS/68242).-->{{cite Q|Q134463099}} * <!--Scott Sagan (1993) The limits of safety: Organizations, Accidents, and Nuclear Weapons (Princeton U. Pr.)-->{{cite Q|Q136765429}} * <!--Amanda Sauer (2016-05-09) "Political Agenda Setting in Early America: The Barbary Wars"-->{{cite Q|Q139589295}} * <!--Michael Scheuer (2004) Imperial Hubris: Why the West is Losing the War on Terror (Brassey’s).-->{{cite Q|Q6006645}} * <!--Mark Schmeller (2009) "The Political Economy of Opinion: Public Credit and Concepts of Public Opinion in the Age of Federalism"-->{{cite Q|Q139589348}} * <!--Jeff Stein (2013-12-04) “The Perils of Whistle-Blowing”, Newsweek-->{{cite Q|Q63257553}} * <!--David Swanson (2022-03-15) " 30 Nonviolent Things Russia Could Have Done and 30 Nonviolent Things Ukraine Could Do"-->{{cite Q|Q134465808}} * <!-- Xia et al. (2022) Global food insecurity and famine ... from a nuclear war ...-->{{cite Q| Q113732668}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Armed forces and combat]] [[Category:Self improvement]] [[Category:Media Literacy and You]] <!-- https://en.wikiversity.org/wiki/Category_Review --> kk3crp5pyknmwp6grid9v89i17qszz2 2809282 2809281 2026-05-14T19:04:31Z DavidMCEddy 218607 syntax er 2809282 wikitext text/x-wiki [[File:Nukes or nonviolence.png|thumb|Nuclear war or nonviolent noncooperation?]] :''Humanity is one misunderstanding, one miscalculation away from nuclear annihilation. ... This is madness. We must reverse course.'' : -- [[w:António Guterres|UN Secretary General António Guterres]] (2022)<ref>Jacobsen (2024), BBC (2022).</ref> :This book is a combination instruction manual on [[w:Media literacy|media literacy]] and an invitation to you to support collaborative / crowd-sourced research on how to improve the world's understanding of media literacy and how to accelerate its understanding and use globally for the betterment of humanity. Part I of this book on ''[[Media Literacy and You]]'' discusses "The media and political economy". Except in times of terror, massive lawlessness or war, most humans place a high priority on their financial situation, the primary focus of Part I. Part II on "The media and war" focuses on security concerns starting with this chapter on "Deterrence without threat". == Introduction == Every individual and group has a right and an obligation to defend itself. Unfortunately, when most humans<ref>We distinguish here between "humans" and "people" or "persons", because under current US law, corporations are "people" and money is speech, per the US Supreme Court decision in ''[[w:Citizens United v. FEC|Citizens United v. FEC]]'' (2010) and many other judicial rulings and US law such as the [[w:Patriot Act|Patriot Act]] of 2001.</ref> think of defense, they often think of violent responses to provocations. However, there is a growing body of research documenting :(a) how most uses of violence are counterproductive, and :(b) that there are usually nonviolent options to violence that would more effectively promote broadly shared peace and prosperity for the long term. This research is rarely discussed by major media outlets, because it would offend the "people"<ref>We put "people" in quotes in this essay, because that term includes corporations under current US law.</ref> who control most of the money for the media: Nonviolence threatens their ability to get compliance from security forces. As a result, many elites prefer to use force to the detriment of the bottom 99 percent of humanity. As discussed below, a military posture that supports projecting force beyond one’s own borders may be as likely to ''provoke'' as ''prevent'' an attack.<ref>For example, Lebow (2025) cites some of his previous work with others to support the claim that large militaries have been "more provocative than preventative in" their effects. And Lebow (2024) insists that, "Policymakers respond more instinctively than analytically in deciding that some policy is or is not in the national interest." See also Lebow et al. (2023).</ref> This chapter outlines a 3-part strategy that research suggests would more likely lead to better outcomes for the vast majority of humans: # Citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference in the content. # Training in nonviolent noncooperation for anyone willing to listen. # Forbid uses of force beyond one’s own borders and covert interference in foreign countries. We now discuss each of these briefly. == 1. Citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference in the content. == It seems that :''Primary drivers of every major conflict include differences between the media that the different parties find crecible.'' In a recent interview with [[w:Fordham University|Fordham University]] Professor Emerita of Communications Robin Andersen,<ref name=Andersen><!--Robin Andersen-->{{cite Q|Q132982358}}</ref> she agreed with this claim and added: :''We only have enemies of our very own making.'' The media are involved in this, because: :''The major media create the stage upon which politicians read their lines.''<ref>In 1791 James Madison, who represented part of Virginia in the US House of Representatives 1789-1801 and later became the 4th President of the US (1809-1819), said, "Public opinion sets bounds to every government, and is the real sovereign in every free one." Quoted from the ''[[w:National Gazette|National Gazette]]'' (published 1791-1793) by Schmeller (2009, p. 36) and Sauer (2016, p. 5). Sauer described how the American Revolutionaries, especially the first four US presidents, planted stories in newspapers to build support for how they dealt with the [[w:Barbary corsairs|Barbary pirates]], who were seizing merchant ships, raiding European coastal towns and villages, and selling European captives into slavery. The first two US presidents, [[w:George Washington|Washington]] and [[w:John Adams|Adams]], used that support for protecting US shipping and citizens by paying tribute to government leaders in Morocco, Algeria, Tunisia, and Libya. The next two presidents, [[w:Thomas Jefferson|Jefferson]] and [[w:James Madison|Madison]], convinced Congress to fund a navy and marines to fight the [[w:Barbary Wars|Barbary Wars]]. This included the [[w:Battle of Derna (1805)|Battle of Derna]] (April-May 1805), memorialized in the [[w:Marines' Hymn|Marines' Hymn]], which mentions actions "to the shores of Tripoli". Sauer described how the policies were sold to the public via planted stories in the different partisan newspapers.</ref> This works because (a) virtually everyone thinks they know more than they do ([[w:Overconfidence effect|overconfidence effect]]), and (b) virtually everyone prefers information and sources consistent with preconceptions ([[w:confirmation bias|confirmation bias]]). Also, in many, perhaps all, countries, the primary constituency for foreign and military policy is the people with foreign business interests. Many of these people also control substantial portions of the money for the media, which have too often encourage questionable and counterproductive uses of military force.<ref>If we [[w:follow the money|follow the money]], we might find that "watchdogs generally protect the people who feed them", as discussed in the 2025-09-25 interview with British journalist and media reform activist Dan Hind discussing how the British [[Media Reform Coalition challenges anti-democratic media bias in the UK]].</ref> === Examples === A leader in documenting the role of the media in armed conflict is Robin Andersen,<ref>e.g., Andersen (2006, 2026).</ref> but she is not alone. For example, [[w:University of Denver|University of Denver]] journalism professor Kareem El Damanhoury<ref name=Daman><!--Kareem El Damanhoury-->{{cite Q|Q113752441}}</ref> has compared how [[w:Gaza Strip|Gaza]] has been framed differently by [[w:Al Jazeera Media Network|Al Jazeera]], the [[w:BBC|BBC]]<ref>El Damanhoury et al. (2025).</ref> and [[w:Fox News|Fox]].<ref>El Damanhoury and Saleh (2024).</ref><ref>Some of El Damanhoury's work in this regard [[Differences between media outlets including coverage of Gaza|is reviewed in a 2025-11-20 interview with him]].</ref> ==== World War I ==== Andersen's (2006) ''A Century of Media, A Century of War'' begins with a discussion of "The birth of war propaganda" in "The Great War and the Fight between Good and Evil".<ref>Andersen (2006, ch. 1)</ref> A more detailed but compatible discussion of the media and [[w:World War I|World War I]] is given by [[w:John Maxwell Hamilton|John Maxwell Hamilton]]. Among other things, he said: {{quote| The first iron law of propaganda is that only the enemy does it.<ref>Hamilton (2020, p. 642). See also the [[John Maxwell Hamilton on American propaganda|2025-12-11 interview with Hamilton]].</ref>}} [[File:MB Walker - German bayoneting children - Life - July 25, 1915.png|thumb|left|Stories of German soldiers impaling children on their bayonets were widely reported during the war. However, no credible evidence was found to support these claims when questions were raised after the war.<ref>{{cite web|title=Alleged German atrocities: Bryce report|url=http://www.nationalarchives.gov.uk/pathways/firstworldwar/spotlights/p_alleged_german.htm|publisher=The National Archives|access-date=13 July 2014}}</ref>]] Andersen (2006, pp. 8-9) said, {{quote| James Bryce, the former British ambassador to the United States, ... helped prepare a sixty-one page ''Report on the Committee on alleged German Outrages'', which was translated into thirty languages and was said to be based on twelve hundred depositions ... included gruesome and titillating details of how German soldiers publicly raped Belgian girls in the marketplace at Liege and bayonetted a two-year-old child. ... [A]fter the war a Belgian commission of inquiry found no evidence for any major accusation in the report. ... German propagandists, on the other hand, ... "bungled, because they were naïve: they thought the success of the war depended almost solely on military strategy and therefore they tended to neglect propaganda." ... Thus, when German soldiers shot some Allied nurses who had carried weapons, they admitted it openly. The Allies reported the incident as an atrocity and featured it in press propaganda. When French troops shot German nurses under similar circumstances, the Germans failed to exploit it.}} ==== Jonathan Swift 1710 ==== This is not limited to World War I. In 1710, [[w:Jonathan Swift|Jonathan Swift]] reportedly said, "Falsehood flies, and truth comes limping after ... like a physician, who hath found out an infallible medicine, after the patient is dead."<ref name=Swift>Excerpted from a line in [[Wikiquote:Jonathan Swift]] consulted 2026-04-13.</ref> ==== The Marines' Hymn ==== The [[w:Marines' Hymn|Marine Corps Hymn]] begins, {{quote| From the Halls of Montezuma To the shores of Tripoli; We fight our country's battles In the air, on land, and sea.}} The "[[w:Battle of Chapultepec|Halls of Montezuma]]" refer to the [[w:Mexican–American War|Mexican–American War]], which was fought to expand slavery first into [[w:Texas|Texas]] -- and supporters of slavery hoped that would help expand slavery further west. The "[[w:Battle of Derna (1805)|shores of Tripoli]]" were part of the [[w:Barbary Wars|Barbary Wars]], which were fought to reduce the need to pay (a) tribute to the [[w:Barbary Coast|Barbary or Berber]] states of [[w:Morocco|Morocco]], [[w:Algeria|Algeria]], [[w:Tunisia|Tunisia]], and [[w:Libya|Libya]] or (b) ransom to [[w:Barbary corsairs|Barbary pirates]], who were otherwise capturing Christians and selling them into slavery. Did the bottom 99 percent of the US population of that time benefit? Or did these wars (and any tribute and ransom paid by the US government before the Barbary wars) constitute a hidden transfer of wealth from the poor to the wealthy? Research is needed on these questions. ==== Gulf of Tonkin Resolution: "Betray the nation or do not get elected." ==== Regarding the [[w:Vietnam War|Vietnam War]], former president [[w:Dwight D. Eisenhower|Eisenhower]] wrote in his autobiography, which appeared in 1963 (he left the presidency 1961-01-20), that he had never communicated {{quote| with a person knowledgeable in Indochinese affairs [including Vietnam] who did not agree that had elections been held as of the time of the fighting [leading to the defeat of the French in 1954], possibly 80 per cent of the population would have voted for the Communist [[w:Ho Chi Minh|Ho Chi Minh]].<ref>Eisenhower (1963, p. 372).</ref>}} [[w:Joseph McCarthy|Joseph McCarthy]], who had been elected to the US Senate in 1946 and "experienced a meteoric rise in national profile beginning on February 9, 1950, when he gave a" speech during which he said something like, "The [[w:United States Secretary of State|State Department]] is infested with communists. I have here in my hand a list of 205—a list of names that were made known to the Secretary of State as being members of the Communist Party and who nevertheless are still working and shaping policy in the State Department." McCarthy's mostly baseless claims went largely unchallenged in the media, including accusing the Democrats of "twenty years of treason" for having been allied with the Soviet Union, which took the bulk of casualties during World War II. By the end of 1953 with (Republican) Eisenhower as president roughly 11 months, McCarthy was complaining about "''21'' years of treason", complaining that Eisenhower was not sufficiently aggressive in rooting out the communists who McCarthy claimed were in the government.<ref>Fried (1997, p. 179).</ref> Then the French were defeated by Vietnamese communists 1954-05-07 in the [[w:Battle of Dien Bien Phu|Battle of Dien Bien Phu]]. The [[w:1954 Geneva Conference|1954 Geneva Conference]], which had begun eleven days earlier, 1954-04-26, concluded 1954-07-21 with the "Geneva Accords of 1954".<ref>The [[w:Battle of Dien Bien Phu|Battle of Dien Bien Phu]], 1954-05-07, effectively ended the [[w:First Indochina War|French Indochina War]]. This led to the [[w:1954 Geneva Conference|Geneva accords of 1954]], officially dated 1954-07-20 but actually signed the following morning. Those accords took effect on three different dates, July 27 and August 1 and 11 in three different sectors of Vietnam. See <!--Agreement on the Cessation of Hostilities in Vietnam-->{{cite Q|Q139676410}}</ref> Those accords called for UN-supervised elections for July of 1956, when Eisenhower would presumably be campaigning for reelection. Eisenhower doubtless knew that he might lose his bid for re-election in 1956, if the Communist Ho Chi Minh won elections in July of that year. :''The consistent suppression of honest portrayal in the major media of that day of the perspective of anyone whom Eisenhower considered "knowledgeable in Indochinese affairs" gave him -- and his successors [[w:John F. Kennedy|Kennedy]], [[w:Lyndon B. Johnson|Johnson]], and [[w:Richard Nixon|Nixon]] -- the choice between betraying the nation or not getting elected.'' In this environment, the [[w:Operation 34A|US initiated a series of clandestine operations against North Vietnam]] including infiltrating CIA-recruited spies and supporting attacks against North Vietnam by South Vietnamese commandos.<ref>Paterson (2008).</ref> This included a raid 1964-07-30 by South Vietnamese commandos on the island of Hòn Mê, roughly 300 km (180 miles) north of the [[w:Vietnamese Demilitarized Zone|Vietnamese Demilitarized Zone]] in the [[w:Gulf of Tonkin|Gulf of Tonkin]], covered by [[w:DESOTO patrol|US naval vessels]] patrolling in that area. Then during a dark and stormy night six days later, US naval vessels opened fire on radar snow, and President Johnson requested and received Congressional approval of the [[w:Gulf of Tonkin Resolution|Gulf of Tonkin Resolution]]; then-[[w:United States Secretary of Defense|US Secretary of Defense]] [[w:Robert McNamara|McNamara]] claimed those attacks were "unprovoked".<ref>Karnow (1983, p. 375). See also the section on [[w:Gulf of Tonkin Resolution#Congress votes|Congress votes]]" in the Wikipedia article on [[w:Gulf of Tonkin Resolution|Gulf of Tonkin Resolution]], accessed 2026-05-14.</ref> In this media environment, only two officials in the US Congress voted against the Gulf of Tonkin Resolution: [[w:Ernest Gruening|Ernest Gruening]] (D-AK) and [[w:Wayne Morse|Wayne Morse]] (D-OR). Gruening lost in his next primary campaign to [[w:Mike Gravel|Mike Gravel]], and Morse lost in his next general election campaign to [[w:Bob Packwood|Bob Packwood]]. These results support the previous claim that the major media give politicians the choice: :''Betray the nation, or do not get elected.'' That resolution became the primary authorization for the US war in Vietnam until Congress ended the funding. ==== Was the Vietnam War lost in Washington or by media biases? ==== [[w:John Mueller|John Mueller]], prolific author, Professor Emeritus of international relations at [[w:Ohio State University|Ohio State University]] and Senior Fellow at the [[w:Cato Institute|Cato Institute]], said that the most effective thing the US did to win the [[w:Cold War|Cold War]] was — :''nothing'': Between the [[w:Fall of Saigon|Fall of Saigon]] in 1975 and the inauguration of [[w:Ronald Reagan|Ronald Reagan]] as President of the US, the US "went into a sort of containment funk: it effectively adopted a policy of complacency (or perhaps of appeasement) as it watched from the sidelines as the Soviet Union … opportunistically gathered a set of Third World countries into its imperial embrace: Angola in 1976, Mozambique and Ethiopia in 1977, South Yemen and Afghanistan in 1978, Grenada and Nicaragua in 1979."<ref>Mueller (2021, p. 59).</ref> Nearly all became major economic and political drains on the Soviets with Afghanistan being the worst. And their Warsaw Pact allies in Eastern Europe became a severe economic drain and psychic problem.<ref>Mueller and Graves (2023).</ref> President Reagan, inaugurated 1981-01-20, had a very different vision of the role of the US in foreign relations from his predecessor, [[w:Jimmy Carter|Jimmy Carter]]. In 1983-06-21 Reagan insisted, "We cannot permit the Soviet-Cuban-Nicaraguan axis to take over Central America", because the consequences would include "a tidal wave of refugees ... 'feet people' ... swarming into our country."<ref>Clines (1983).</ref> Other sources<ref>e.g., Andersen (2006, Part II).</ref> insist the opposite, that the vast majority of deaths in Central America during the Reagan years were poor humans petitioning nonviolently for a redress of grievances, suppressed by terrorist / death squads supported by the Reagan administration largely in violation of laws passed by Congress and signed by President Reagan. On 1986-10-05 [[w:Corporate Air Services HPF821|a Nicaraguan soldier with a surface to air missile shot down a C-123]] cargo aircraft carrying supplies to the Contra roughly 35 miles (56 km) north of Costa Rica. Documents found in the wreckage and a confession by the sole survivor led to the [[w:Iran–Contra affair|Iran-Contra hearings]] the following year, during which Lt. Col. [[w:Oliver North|Oliver North]] insisted, "We didn't lose the war in Vietnam ..., we lost it in this city."<ref>Andersen (2006, p. 137). See also, Wikipedia, "[[w:Stab-in-the-back myth|Stab-in-the-back myth]]", accessed 2026-05-13.</ref> The previous section on the "Gulf of Tonkin Resolution" provides an alternative narrative of the Vietnam War: If as Eisenhower claimed, "possibly 80 per cent of the [Vietnamese] population would have voted for the Communist [[w:Ho Chi Minh|Ho Chi Minh]]" if elections had been held there, it's hard to imagine how anyone else could have won without aggressive action that actually ''improved'' the lives of Vietnamese peasants in the South. US-led efforts there were officially designed to win "[[w:Hearts and Minds (Vietnam War)|Hearts and Minds]]" but were implemented with such coercion that the result was the opposite. A cynic might say that it is hard to win people's hearts and minds by killing them. ====Richard Barlow and nuclear proliferation==== There is also documentation that the US helped Pakistan get nuclear weapons and destroyed the career of an intelligence analyst, [[w:Richard Barlow (intelligence analyst)|Richard Barlow]], for telling his managers they should not lie to Congress about it. Barlow has insisted that neither Pakistan nor North Korea would have nuclear weapons and Iran would not have a nuclear weapons program today, if the US had followed its own laws. Barlow’s claims, including his punishment by administration officials, have been reported in major media outlets<ref>e.g., Stein (2013). See also Wikipedia, "[[w:Richard Barlow (intelligence analyst)|Richard Barlow (intelligence analyst)]]", accessed 2026-05-06.</ref> but not in a way that would seriously limit the ability — and need — for administration officials to lie to Congress. ==== Nayirah testimony and the 1990-1991 Gulf War ==== A more recent example is the 1990-10-10 testimony by [[w:Nayirah testimony|Nayirah al-Ṣabaḥ to the US Congressional Human Rights Caucus]], two months after the Iraqi invasion of Kuwait. She claimed to have seen Iraqi soldiers taking premature babies out of incubators in a maternity ward before looting the incubators and leaving the babies to die on the floor after the Iraqi invasion of Kuweit; she said she had been a volunteer nurse in the hospital at that time. Her statements were widely publicized and cited numerous times in the United States Senate and by American president George H. W. Bush to contribute to the rationale for pursuing military action against Iraq. It was later revealed that she was the daughter of Kuwaiti ambassador Saud Nasser al-Saud al-Sabah and that her testimony was false.<ref>Andersen (2006, ch. 12).</ref> ==== 1998 Embassy bombings and September 11 ==== As another example, there is substantial documentation available today that [[1998 Embassy bombings and September 11|the suicide mass murders of September 11, 2001]], likely would not have occurred if the US had treated the 1998 bombings of the US embassies in Kenya and Tanzania as law enforcement issues. Muslim clerics all over the world initially condemned those acts. Al-Qaeda was dead. Their funding had largely dried up. And bin Laden was scheduled to be extradited the following month to Saudi Arabia to be prosecuted for treason, where he would likely have been convicted and executed.<ref>Those 1998 attacks on US embassies in Kenya and Tanzania were reportedly motivated as retaliation for US support for torture, transferring a colleague of bin Laden to Egypt for torture, according to Mayer (2008, p. 114). The major media in the US has provided ample coverage of, e.g., promises by Donald Trump supporting torture (McCarthy 2016), while largely suppressing honest discussion of the research on it. For example, around 1629 the Duke of Brunswick was discussing torture with two leading Jesuit scholars, who supported it. They insisted that torture had been used only with individuals identified by other "witches", who had "confessed" after torture. The Duke then led the Jesuits to a woman being stretched on the rack and asked her, “You are a confessed witch. I suspect these two men of being warlocks. What do you say? Another turn of the rack, executioners.” “No, no!” screamed the woman. “You are quite right. I have often seen .. . They can turn themselves into goats, wolves, and other animals. … Several witches have had children by them. … The children had heads like toads and legs like spiders.” The Duke then asked the Jesuits. “Shall I put you to the torture until you confess, my friends?” One of the Jesuits was [[w:Friedrich Spee|Friedrich Spee]], who thanked God he had been led to this insight by a friend and then wrote a book against torture. See Pinker (2011, pp. 138-139). Similar comments about the counterproductive nature of torture were made by General Stanley McChrystal (2013), who held several command positions in Iraq and Afghanistan.</ref> But it seemed questionable at best whether major media executives in the US would have given favorable coverage to such a diplomatic solution. Instead, the US bombed a pharmaceutical plant in Sudan and al-Qaeda training camps in Afghanistan. Then Muslim public opinion turned 180 degrees to conclude, "Bin Laden is right: The US ''is'' an evil empire." The US became bin Laden’s only indispensable ally, according to the CIA agent responsible for tracking bin Laden at that time.<ref>Scheuer (2004, p. xv).</ref> Leading Saudis started supporting al-Qaeda, including some working for the Saudi embassy and consulates in the US. Only one country seems to have been involved in the preparations for the September 11 attacks, and that was Saudi Arabia. But Saudis were friends of the Bush family, and a crisis is a terrible thing to waste.<ref>Romer (2009).</ref> :''Did the US invade Afghanistan and Iraq on grounds that senior journalists and leading media executives should have known at the time were questionable and likely fraudulent — to the detriment of nearly everyone except the "people" who control most of the money for the media?'' Similarly, on 2003-05-29 [[w:BBC|BBC]] journalist [[w:Andrew Gilligan|Andrew Gilligan]] reported that the [[w:Tony Blaire|Blair government]] had "sexed up" [[w:September Dossier|intelligence reports]] issued the previous September to justify supporting the 2003-03-20 [[w:Iraq War|US-led invasion of Iraq]], two months before Gilligan's report. This led to the [[w:Hutton Inquiry|Hutton Inquiry]], which led to the resignations of Gilligan and the BBC's chairman and the firing of the BBC's director-general. However, the British public expressed so many reservations about the Hutton Inquiry that a follow-up investigation was ordered in 2009. This became the "[[w:Iraq Inquiry|Iraq Inquiry]]", whose 2016-07-06 report essentially validated what Gilligan had said just over 13 years earlier. This provides one more example of the 1710 maxim of Jonathan Swift that, "Falsehood flies, and truth comes limping after ... like a physician, who hath found out an infallible medicine, after the patient is dead."<ref name=Swift/> ====Ukraine war==== Page 1 of the 2023-05-04 edition of ''[[w:Le Monde Diplomatique|Le Monde Diplomatique]] carried a headline: :One year after the invasion of Ukraine: The media, vanguard of the war party,<ref>Halimi and Rimbert (2023) in the French-language original.</ref> consistent with Andersen (2006). === in sum === You, dear reader, can help overcome these problems by talking, as suggested in the exercises below and the rest of this book. If you can help others become less angry and more willing to agree to disagree agreeably with others, that should reduce the risk of war and improve the prospects for progress on all the other major problems facing humanity today. ==2. Training in nonviolent noncooperation for anyone willing to listen == A major driver of the current conflict between India and Pakistan is mistreatment of Muslims in India. Simulations of a nuclear war between India and Pakistan suggest that such a war would likely produce a nuclear autumn lasting years during which 40 percent of humanity would starve to death if they did not die of something else sooner. Over 90 percent of those would be in countries not involved in the nuclear exchange.<ref>Xia et al. (2022). See also Wikiversity, "[[Responding to a nuclear attack]]", accessed 2026-05-05.</ref> The recent "[[w:2025 India–Pakistan conflict|2025 India–Pakistan conflict]]" was a response by India to violence in Indian-administered [[w:Kashmir|Kashmir]] by terrorists allegedly supported by Pakistan. India would have had much more difficulty justifying violent repression of ''nonviolent'' protests, especially if a more diverse media ecology gave such protests more and more sympathetic coverage. During the [[w:Great Depression|Great Depression]], ethnic Germans in the [[w:Sudetenland|Sudetenland]] region of [[w:Czechoslovakia|Czechoslovakia]] were harder hit by increasing trade barriers than their non-German neighbors. They were therefore more open to populist and extremist movements such as fascism, communism and German irredentism.<ref>Wikipedia, "[[w:Sudetenland|Sudetenland]]", esp. the section on "[[w: Sudetenland#Within the Czechoslovak Republic (1918–1938)|Within the Czechoslovak Republic (1918–1938)]]", accessed 2026-05-05.</ref> If those ethnic Germans had used nonviolent noncooperation to highlight their grievances, and if Czechoslovakia at that time had had a substantially more diverse media system, it seems likely that they could have gotten reasonable redress of grievances. If so, it would have been harder for Hitler to use that as an excuse to invade Czechoslovakia, as he did in 1938.<ref>Wikipedia, "[[w:Occupation of Czechoslovakia (1938–1945)|Occupation of Czechoslovakia (1938–1945)]]", accessed 2026-05-05.</ref> An ideal settlement of the current Russo-Ukraine war might include training in nonviolent noncooperation made more effective through a more diverse media culture as suggested above. A substantial portion of the Ukrainian population, especially the Ukrainian military, are reported to be vicious anti-Russian Nazis, and the Ukrainian government has outlawed many uses of non-Ukrainian languages, especially Russian.<ref>Horton (2024).</ref> A campaign of nonviolent noncooperation with a vigorous, diverse adversarial press would likely make it harder for Ukraine to continue any persecution of Russian speakers. It would also make it harder for major media in the US and Western Europe to suppress honest discussion of anti-Russian racism in Ukraine. Swanson (2022) said that the [[w:Baltic states|Baltic states]] have implemented such training in preparations for a possible Russian invasion; they might be asked to support such training in Ukraine (and elsewhere).<ref>Swanson (2022).</ref> === Life in prison for teaching nonviolence === Per the US Supreme Court decision in ''[[w:Holder v. Humanitarian Law Project|Holder v. Humanitarian Law Project]]'' (2010), teaching nonviolence to anyone whom the US State Department claims supports a foreign terrorist organization is "[[w:Providing material support for terrorism|providing material support for terrorism]]", which is a felony under the USA [[w:Patriot Act|Patriot Act]] of 2001. Moreover, if the State Department claims that the death of any "person" resulted from the activities of the designated foreign terrorist organization, the penalty can be life in prison, where "person" is defined in the Patriot Act as "any individual or entity capable of holding a legal or beneficial interest in property".<ref>The treatment of [[w:Sami Al-Arian|Sami Al-Arian]] is worth noting in discussing the Patriot Act. Al-Arian is a Kuwaiti-born political activist of Palestinian origin, who earned a doctorate in Electrical Sciences and Systems Engineering at [[w:North Carolina State University|North Carolina State]] in 1985 and taught computer engineering at [[w:University of South Florida|University of South Florida]] (USF) beginning in 1986. He was granted permanent resident status in 1989. In 1993 he earned a Distinguished Teacher Award as a tenured associate professor at USF. He was an [[w:imam|imam]] in a local [[w:mosque|mosque]] and led in other initiatives to promote dialogue and public policy initiatives between the West and Middle East. On September 26, 2001, he appeared on ''[[w:The O'Reilly Factor|The O'Reilly Factor]]'' where he was confronted with a 1988 recording of him shouting "death to Israel". Al-Arian replied that "Death to Israel" meant "death to occupation, ... apartheid, ...oppression," whereupon O'Reilly cut him off and called for the [[w:Central Intelligence Agency|Central Intelligence Agency]] to investigate him. Al-Arian spent most of the next 14 years between that 2001 interview and 2015 in detention, much of it in solitary confinement. This period included a 2005 trial that ended with acquittal on 8 counts and a hung jury on another 9. In 2015 he was deported to Turkey. In 2017, he founded the Center for Islam and Global Affairs at [[w:Istanbul Sabahattin Zaim University|Istanbul Sabahattin Zaim University]] in Istanbul, Turkey, which he directs. What has been the impact of treatment of Al-Arian on the well-being of the bottom 99 percent of the US and world population?</ref> How did these provisions get written into the Patriot Act? That's a question that deserves research, perhaps by asking elected officials in the US Congress and lobbying for their repeal. A speculation consistent with the thesis of this book is that nonviolence terrifies those who control most of they money for the media, because it threatens their ability to get their security forces to follow orders. ==3. Forbid uses of force beyond one’s own borders and covert interference in foreign countries == :''[[w:Si vis pacem, para bellum|If you want peace, prepare for war.]]'' : -- ''[[w:De Re Militari|De Re Militari]]'' by [[w:Publius Flavius Vegetius Renatus|Publius Flavius Vegetius Renatus]] (fourth or fifth century AD) The record of history is now clear: Those who prepared for war often got war initiated when one party claimed they were being attacked or about to be attacked and believed they would fare better by attacking. Sometimes this occurred when the media environment convinced leaders that their political futures required them to clandestinely provoke foreign entities to do things that could then be denounced as unprovoked to justify military escalation, as mentioned in the previous section. ===Deterrence theory and nuclear Armageddon=== Standard [[w:Deterrence theory|deterrence theory]] assumes that one's opponents are rational and do not want [[w:Armageddon|Armageddon]]. At least some portions of the [[w:Islamic State|Islamic State]] reportedly violates this assumption, because it "not only believes in the literal meaning of the coming Armageddon – it sees itself as its chief protagonist."<ref>Misra (2015).</ref> Some [[w:Christian nationalism|Christian nationalists]] promoted to command positions by [[w:United States Secretary of Defense|US Secretary of Defense]] [[w:Pete Hegseth|Hegseth]] and President Trump also seem to believe that Armageddon might be desirable. On 2026-03-03 the [[w:Military Religious Freedom Foundation|Military Religious Freedom Foundation]] said they had received over 200 complaints from over 50 different US military installations with comments like, "President Trump has been anointed by Jesus to light the signal fire in Iran to cause Armageddon and mark his return to Earth", per an email from one [[w:Non-commissioned officer|NCO]].<ref>Nick Mordowanec (2026).</ref> With Hegseth holding monthly Christian worship services in the Pentagon during business hours,<ref>Black (2025), Mayes-Osterman (2025). See also the section on "[[w:Pete Hegseth#Pentagon Christian worship services and "biblically sanctioned war"|Pentagon Christian worship services and "biblically sanctioned war"]] in the Wikipedia article on [[w:Pete Hegseth|Pete Hegseth]], accessed 2026-05-14.</ref> this suggests that Hegseth could have appointed enough Christian nationalists to key positions to initiate nuclear attacks on Iran or Russia, claiming that President Trump had ordered such whether he had or not.<ref>The secret codes carried in the "[[w:nuclear football|nuclear football]]" required by the [[w:Permissive action link|permissive action link]]s would ''not'' prevent Hegseth and a few others appointed by him from initiating nuclear Armageddon, according to Ellsberg, who had been a nuclear war planner for presidents Eisenhower, Kennedy, Johnson, and Nixon, before releasing the ''[[w:Pentagon Papers|Pentagon Papers]]''. Ellsberg (2017, p. 69) insisted that the security provided by those secret codes were a hoax, because otherwise a single nuclear detonation on Washington, DC, when both the president and vice president were in town "would would definitively block any authorized, coordinated nuclear response to that or any subsequent nuclear attack."</ref> The biggest risk today may be the risk of [[w:Nuclear holocaust|nuclear Armageddon]], which seems on average to grow over time consistent with experience with "[[w:system accidents|system accidents]]" in other fields: Managers of complex systems subject to rare, catastrophic failures "learn" from experience that they can take ever greater risks, because they have "safely" done so in the past — until there is a catastrophe:<ref>Kahneman and Klein (2009) found that expert intuition, when it exists, is learned from frequent, rapid, high quality feedback. With anything nuclear, mishaps are so rare that managers develop "expert intuition" that they can "safely" ignore safety concerns -- until there is a catastrophe. See also Sagan (1993).</ref> See also the chapter below on [[/Media Literacy and You/Responding to a nuclear attack/|Responding to a nuclear attack]]. ===Research on the effectiveness of deterrence and implications=== Lebow and others have provided substantial documentation of case studies claiming that leaders are often not rational, and deterrence based on threatening use of military force beyond one’s own borders has been ''as likely to provoke as prevent'' undesired behavior.<ref>Lebow (2025, 2024), Lebow et al. (2023).</ref> The most obvious portions of this threat can be entirely eliminated by policies clearly and effectively forbidding use of force beyond one’s own borders. This can be signaled in at least three ways: * Eliminate all weapon systems like missiles and aircraft with a range of more than, e.g., a hundred miles or 200 kilometers with the possible exception of surveillance only aircraft that cannot be easily configured to carry [[w:Materiel#Military|ordnance]], e.g., explosives. Similarly eliminate nuclear weapons, which few if any countries would want to use for military defense inside their own borders. * Supply a national guard and reserves with weapons, training, and rules of engagement that prohibit projecting force beyond one’s own borders. Train them also in development and use of improvised explosive devices and other tactics and devices like low cost military drones. :Afghanistan is said to be the "[[w:Graveyard of empires|Graveyard of empires]]". They defeated the British three times (1839–1842, 1878–1880, 1919), the Soviet Union (1979–1989), and the US (2001–2021). Each victory came with foreign supplies, but any foreign troops helping Afghanis were primarily under the command of local leaders. :The [[w:2003 invasion of Iraq|2003 invasion of Iraq]] might have produced [[w:Nation-building|nation-building]] more like the experience of [[w:Nation-building#Germany and Japan after World War II|Germany and Japan after World War II]] if the US had mandated a vigorous adversarial press instead of strict censorship, according to McChesney and Nichols.<ref>McChesney and Nichols (2010, Appendix II. Ike, MacArthur and the Forging of Free and Independent Press, pp. 241-254).</ref> This claim by McChesney and Nichols was not endorsed by [[News from Germany 1900-1945 and implications for today#After the war in Germany vs. Iraq|University of British Columbia History professor Heidi Tworek]], who said the democratization efforts in Germany and Japan after World War II were more complicated than that implied by that brief discussion by McChesney and Nichols.<ref>The 2025-07-03 interview with Tworek is available at "[[News from Germany 1900-1945 and implications for today]]", accessed 2026-05-14.</ref> However, the research by Usher and Kim-Leffingwell (2022) and the related research on news deserts summarized in the preface to this ''[[Media Literacy and You]]'' book largely supports those claims by McChesney and Nichols. :[[w:Defense industry of Ukraine|Ukraine has become a world leader in military drones]], many of which are dramatically cheaper than alternatives. Most of those have limited range but have been useful for reconnaissance and delivery of ordnance and improving targeting of, e.g., surface to air missiles. :[[w:Eliot A. Cohen|Eliot Cohen]], who served as a special advisor to [[w:United States Secretary of State|US Secretary of State]] [[w:Condoleezza Rice|Condoleezza Rice]] from 2007 to 2009, wrote, "As the United States discovered in Iraq and Afghanistan, no matter how large, technologically advanced, and proficient an army is, motivated insurgents can still inflict casualties in the tens of thousands."<ref>Cohen (2022), cited from Horton (2024, p. 1026).</ref> Cohen recommended we "Arm the Ukranians now". Horton said that the neoconservatives learned from Iraq War II and Afghanistan that the US "should fight like those who defeated them."<ref>Horton (2024, p. 1026).</ref> :Leading economist [[w:Jeffrey Sachs|Jeffrey Sachs]] addressed the European Parliament 2025-02-19, claiming that the tragedy that befell Serbia in 1999 and subsequent US uses of force in Iraq and Syria, plus wars in Africa including Syria, Somalia and Libya and the current wars in Ukraine and the Israel-Hamas war, "are to a very significant extent the result of deeply misguided US policies."<ref>Sachs (2025-02).</ref> He said that Europe should craft its own foreign and military policies, independent of the US. ''[[w:Le Monde Diplomatique|Le Monde Diplomatique]]'' noted that Sachs' speech has circulated among social media since ''but has yet to be seriously discussed by major European media.''<ref>Sachs (2025-04; emphasis added).</ref> * Change the laws of government secrecy so government officials cannot secretly interfere in the internal affairs of foreign countries or otherwise project force outside their own borders. This might be achieved in the US in part by requiring anyone with information about questionable actions by government officials to provide such documentation to one or more congressional oversight bodies while also allowing any current or former government employee or contractor to file suit in any US federal jurisdiction if they feel they have been punished for refusing to support questionable activities. In addition, federal judges should be authorized to subpoena classified government documents that may be relevant to any case in their jurisdiction and declassify them subject to appellate review if they believe the national interest would be better served by declassification. :If the law is changed without a substantive [[#1. Citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference in the content.|citizen-directed subsidies for local news nonprofits with a firewall to prevent political interference]], as discussed above, the change could be merely cosmetic and unconvincing to local public officials and potential adversaries. :Connelly (2023) noted that US government secrecy has in the past encouraged administration officials to do things to provoke actions by foreign entities that can then be denounced as “unprovoked” to stampede the US Congress and the public into supporting counterproductive uses of military force, as discussed above.<ref>See also Connelly et al. (2023).</ref> A more diverse media culture should make it harder for administration officials to lie to the public and to Congress — and harder to punish government employees who tell their managers that they should not lie to Congress, as they reportedly did to [[#Richard Barlow and nuclear proliferation|Richard Barlow]], mentioned above. :The Barlow case and many others explain why the US should, e.g., give federal judges the authority to subpoena classified documents and declassify them if they believe the public good is better served from declassification than continued secrecy.<ref>See, e.g., the 2025-05-08 interview with Seth Stern and Lauren Harper discussing what the "[[Freedom of the Press Foundation says...]]", Graves (2014), and [[w:Moynihan Commission on Government Secrecy|Moynihan Commission on Government Secrecy]], accessed 2026-05-06. Graves (2021) recommends "Congressional Gold Medals for" Barlow and whistleblowers.</ref> These policies would make it hard for any foreign leader to justify an attack for multiple reasons: First, it would be difficult to convince their supporters that such an attack is necessary. Second, a rational foreign leader might be hesitant to invade a country that is prepared to fight a guerrilla war. Germany reportedly considered invading [[w:Switzerland during World War I and World War II|Switzerland during both World Wars I and II]] and decided against it in part because Switzerland had large, well-trained ready reserves, who were ready to fight. Belgium seemed to be an easier route.<ref>Documented in Wikipedia, "[[w:Switzerland during World War I and World War II|Switzerland during World War I and World War II]]", accessed 2026-05-06. Switzerland also has many mountains, which make it easier to defend, but the capabilities of the Swiss military also influenced the German decision to avoid Switzerland.</ref> Third, even if foreign invaders defeat the guerrillas, they should not assume that their invading forces would continue to follow orders. [[w:Rescue of the Danish Jews|Ninety-nine percent of Danish Jews reportedly survived World War II]] because of Danish noncooperation ''supported by a German diplomat''.<ref>Wikipedia, "[[w:Rescue of the Danish Jews|Rescue of the Danish Jews]]", accessed 2026-05-06.</ref> With policies like these in place, it would be hard for foreign leaders to convince their supporters of a need to attack, as [[w:2022 Russian invasion of Ukraine|Putin did when invading Ukraine in 2022]],<ref>The Wikipedia article on "[[w:2022 Russian invasion of Ukraine|2022 Russian invasion of Ukraine]]", accessed 2026-05-06, includes a paragraph saying, 'In July 2021, Putin published an essay "On the Historical Unity of Russians and Ukrainians", in which he called Ukraine "historically Russian lands" and claimed there is "no historical basis" for the "idea of Ukrainian people as a nation separate from the Russians"'. Putin was accused of promoting Russian imperialism, historical revisionism and disinformation. Writing in 2024, Michael McFaul and Robert Person described this essay as representing not only "cynical propaganda" but also Putin's "deeply held and internalized beliefs". See the Wikipedia article for references supporting those claims.</ref> as [[w:2025 India–Pakistan crisis|India did when attacking Pakistan in 2025]], and as [[w:Invasion of Poland|Hitler did when invading Poland in 1939]], to name only three examples. === If we continue to base deterrence on threats === There are now calls for Europe to get their own nuclear weapons,<ref>Burgard (2025).</ref> while Iran, Saudi Arabia, Turkey, South Korea and Taiwan have been suggested as other candidates for acquiring nuclear weapons should they feel a sufficient need.<ref>Ruehl (2024).</ref> It is difficult to imagine how the number of nuclear weapon states could be increased without increasing the risks of a nuclear war, consistent with the discussion of "[[w:system accident|system accident]]s" earlier in this chapter. Secondarily, intelligence services with information on political corruption including attempts to intimidate and murder journalists should not be allowed to keep that information secret: They should be required to find ways to leak that information to journalists. Such attacks on journalists in their own country should be exposed and prosecuted if the evidence seems likely to obtain a conviction. Intelligence services with information about such attacks in other countries should be required to find ways to leak it to competent journalists without identifying their sources and methods: Doing so would likely reduce political corruption worldwide and with that the risks of war. === Call for help === Do you, dear reader, know other serious research not cited herein that might improve this analysis? If yes, you can help improve this discussion by adding comments with citations -- or by adding such citation(s) to the "Discuss" page associated with this chapter, suggesting someone else revise the chapter appropriately. There are plenty of contrary claims in the major media, but the lead author of this chapter is not aware of any that are based on serious research. In the absence of such research, the current author finds it difficult to imagine any national defense policies that carry a greater risk of nuclear Armageddon than our current policies, as discussed in the next chapter of this book on ''[[Media Literacy and You]]'' on "[[Media Literacy and You/Responding to a nuclear attack|Responding to a nuclear attack]]". That chapter, in sum, claims that the ''worst'' response to a nuclear attack would be nuclear response, because it would escalate a catastrophe killing millions of humans to one killing ''billions'', possibly 80 percent of humanity in a war between the US and Russia that lofts so much smoke from burning cities to the stratosphere where it covers the globe depressing crop yields for years during with 99 percent of the humans in the US, Europe and Russia would starve to death if they did not die of something else sooner. Moreover, the record of "[[w:System accident|system accident]]s" suggests that the chances of such a war before the end of this century is substantially greater than the 40 percent median estimate based on history mentioned in a presentation on "[[Time to nuclear Armageddon]]" delivered to the 2019 Joint Statistical Meetings. This chapter is being written in the hopes of inspiring action to improve the prospects for broadly shared peace and prosperity for the long term. == Exercises == 1. Disconfirmation bias: Brainstorm your biggest concerns about a current or possible future war. :1.1. Select the one that is of greatest concern to you currently. ::One issue that may not be a major concern for many but might elicit a broad consensus for action would be a campaign to ask elected officials in the US Congress to explain how we benefit from the provisions of the USA Patriot Act of 2001 that authorize life in prison for teaching nonviolence. :1.2. Who are your designated enemies? :1.3. Research what your designated enemies are saying about your biggest concern. :1.4. Under what circumstances would you support what you see your designated enemies advocating or doing? ::If you cannot see such circumstances, expand your research: Look for more sources that support your designated enemies. 2. Interacting: Ask others if you can share what you've learned about that conflict. If they say, "No", don't push it. If they agree, share what you've learned in a friendly supportive manner without saying that anything is "true". ::''Show me someone who knows the truth, and I will show you someone who is dangerous.'' :2.1. The primary goal in this is ''not'' to convince anyone that you are right and they are wrong but to lower the level of anger and increase the level of tolerance for dissenting views. :2.2. Another goal is to comfortably enjoy civil conversations of this nature, agreeing to disagree agreeably and building trusting relationships that support collaboration on issues of common concern. :2.3. After becoming adept at building collaborations on issues of common concern, you might consider teaching this important skill and approach to issues. 3. Teaching: Each one teach two, as discussed in the section on "[[Media Literacy and You#Text and self-help book and point of discuss|Text and self-help book and point of discuss]]" in the preface to this book. <!--== See also ==--> == Notes == {{reflist}} == Bibliography == * <!--BBC (2022-08-01) "Nuclear annihilation just one miscalculation away, UN chief warns"-->{{cite Q|Q139596165|author=BBC}} * <!--Elizabeth Black (2026-05-22) "Hegseth hosts first monthly Christian service in Pentagon"-->{{cite Q|Q139791642}} * <!--Hans Günter Brauch, ed, Towards Rethinking Politics, Policy and Polity in the Anthropocene: Multidisciplinary Perspectives (Springer, pp. 225-234).-->{{cite Q|Q134488491|author= Hans Günter Brauch, ed.}} * <!--Jan Philipp Burgard (2025-04-08) “Opinion | Europe Needs Its Own Nukes”, Politico-->{{cite Q|Q134465922}} * <!--Francis X. Clines (1983-06-21) "Reagan says his opponents risk Central American influx"-->{{cite Q|Q139790146}} * <!--Eliot Cohen (2022-02-23) “Arm the Ukrainians Now”, The Atlantic-->{{cite Q|Q139679796}} * <!--Albert Fried (1997) McCarthyism: the great American Red scare: a documentary history-->{{cite Q|Q106659308}} * <!--Matthew Connelly (2023) The Declassification Engine: What History Reveals About America’s Top Secrets (Pantheon).->{{cite Q|Q116786691}} * <!--Matthew Connelly, Douglas A. Samuelson, and Spencer Graves (2023-03-14) “Does US government secrecy threaten national security?”, Radio Active Magazine on KKFI-->{{cite Q|Q125582094}} * <!--Dwight D. Eisenhower (1063) Mandate for Change-->{{cite Q|Q61945939}} * <!--Daniel Ellsberg (2017) The Doomsday Machine: Confessions of a nuclear war planner (Bloomsbury)-->{{cite Q|Q64226035}} * <!--Spencer Graves (2014-07-18) “Restrict secrecy more than data collection”, San José Peace & Justice Center-->{{cite Q|Q106512569}} * <!--Spencer Graves (2021-10-28) " Congressional Gold Medals for Assange, Hale, Barlow, Winner, Manning, Edmonds, Sterling, Drake, Snowden, Ellsberg"-->{{cite Q|Q125570226}} * <!-- Serge Halimi and Serge Halimi (2023-03) "Un an après l'invasion de l'Ukraine, une débâcle du journalisme: Les médias, avant-guarde du parti de la guerre"-->{{cite Q|Q118225389}} * <!--Scott Horton (2024) Provoked: How Washington Started the New Cold War with Russia and the Catastrophe in Ukraine (Libertarian Inst.)00>{{cite Q|Q139565338}} * <!--Annie Jacobsen (2024-04-10) "'Nuclear war happens in seconds and minutes, not days and weeks': How I researched the end of the world"-->{{cite Q|Q139596142}} * <!-- Kahneman and Klein (2009) Conditions for intuitive expertise: a failure to disagree-->{{cite Q|Q35001791}} * <!--Stanley Karnow (1983) Vietnam: A History-->{{cite Q|Q108903453}} * <!--Richard Ned Lebow (2024) “Are Leaders Rational?”, Critical Review, 36:4, 465-482.-->{{cite Q|Q134487607}} * <!--Richard Ned Lebow (2025) “Thinking Politically About the Anthropocene”, ch. 5 in Hans Günter Brauch, ed, Towards Rethinking Politics, Policy and Polity in the Anthropocene: Multidisciplinary Perspectives (Springer, pp. 225-234).-->{{cite Q|Q134488569|Author=Richard Ned Lebow}} * <!--Richard Ned Lebow, Douglas A. Samuelson, and Spencer Graves (2023-11-28), “Richard Ned Lebow on national defense including deterrence”, Radio Active Magazine-->{{cite Q|Q124351846}} * <!--Jane Mayer (2008) Dark side : the inside story of how the war on terror turned into a war on American ideals (Doubleday)-->{{cite Q|Q1681286}} * <!--Cybele Mayes-Osterman (2025-12-18) Pete Hegseth pushes his Christian faith in Pentagon prayer services-->{{cite Q|Q139791710}} * <!--Tom McCarthy (2016-02-07) “Donald Trump: I’d bring back ‘a hell of a lot worse than waterboarding'”, The Guardian-->{{cite Q|Q134462630}} * <!-- McChesney and Nichols (2010) The Death and Life of American Journalism-->{{cite Q|Q104888067}} * <!--Stanley A. McChrystal (2013). My share of the task: A memoir (Penguin)-->{{cite Q|Q135406522}} * <!--Amalendu Misra (2015-11-19) “What does Islamic State actually want?”, The Conversation-->{{cite Q|Q134487571}} * <!--Nick Mordowanec (2026-03-03) " Commanders Accused of Framing Iran War as Biblical Mandate, Jesus' 'Return'"-->{{cite Q|Q138840951}} * <!--John Mueller (2021) The Stupidity of War: American Foreign Policy and the Case for Complacency (Cambridge U. Pr.,)-->{{cite Q|Q113702723}} * <!--Mueller and Graves (2023-04-06) "The Stupidity of War and the Exaggeration of Threat"-->{{cite Q|Q139789709}} * <!--Pat Paterson (2008-02) "The Truth About Tonkin"-->{{cite Q|Q133449570}} * <!--Steven Pinker (2011) The Better Angels of Our Nature: Why Violence Has Declined (Viking Press, pp. 138-139)-->{{cite Q|Q60412312}} * <!--Paul Romer (2009-07-31) " A Terrible Thing to Waste-->{{cite Q|Q139676537}} * <!--John P. Ruehl (2025-11-01) “Which Countries Are on the Brink of Going Nuclear?”, Peninsula Peace & Justice Center-->{{cite Q|Q134465827}} * <!--Jeffrey Sachs (2025-02) “Jeffrey Sachs: Speech at European Parliament on February 19, 2025”: Edited transcript and YouTube video (https://newkontinent.org/jeffrey-sachs-speech-at-european-parliament-on-february-19-2025/)-->{{cite Q|Q134463038}} * <!--Jeffrey Sachs (2025-04) “File: The trap of major rearmament: Geopolitics of peace (in French: “Dossier : Le piège du grand réarmement: Géopolitique de la paix”), Le Monde Diplomatique (https://www.monde-diplomatique.fr/2025/04/SACHS/68242).-->{{cite Q|Q134463099}} * <!--Scott Sagan (1993) The limits of safety: Organizations, Accidents, and Nuclear Weapons (Princeton U. Pr.)-->{{cite Q|Q136765429}} * <!--Amanda Sauer (2016-05-09) "Political Agenda Setting in Early America: The Barbary Wars"-->{{cite Q|Q139589295}} * <!--Michael Scheuer (2004) Imperial Hubris: Why the West is Losing the War on Terror (Brassey’s).-->{{cite Q|Q6006645}} * <!--Mark Schmeller (2009) "The Political Economy of Opinion: Public Credit and Concepts of Public Opinion in the Age of Federalism"-->{{cite Q|Q139589348}} * <!--Jeff Stein (2013-12-04) “The Perils of Whistle-Blowing”, Newsweek-->{{cite Q|Q63257553}} * <!--David Swanson (2022-03-15) " 30 Nonviolent Things Russia Could Have Done and 30 Nonviolent Things Ukraine Could Do"-->{{cite Q|Q134465808}} * <!-- Xia et al. (2022) Global food insecurity and famine ... from a nuclear war ...-->{{cite Q| Q113732668}} [[Category:Media literacy]] [[Category:Communication]] [[Category:Political science]] [[Category:Law]] [[Category:Psychology]] [[Category:Sociology]] [[Category:Armed forces and combat]] [[Category:Self improvement]] [[Category:Media Literacy and You]] <!-- https://en.wikiversity.org/wiki/Category_Review --> pq8bb1pznjmh09f6zbq7we59pn3kg75 Template:Walsh permutation/sequences/A000142 10 329639 2809283 2026-05-14T19:11:56Z Watchduck 137431 Created page with "<templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ! {{oeis|A000142}}(''n'') !class="border"| {{oeis|A060818}}(''n'') · {{oeis|A049606}}(''n'') |- !class="key"| 0 |class="val"| <span class="fact">1</span> |class="border"| 2<sup><span class="fact-two">0</span></sup> · <span class="fact-div">1</span> |- !class="key"| 1 |class="val"| <span class="fact">1</span> |class="border"| 2<sup><span class="fact-two">0</span>..." 2809283 wikitext text/x-wiki <templatestyles src="Walsh permutation/sequences/styles.css"/> {| class="wikitable sequences" !class="key"| ! 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[[User:IanVG|IanVG]] ([[User talk:IanVG|discuss]] • [[Special:Contributions/IanVG|contribs]]) 21:44, 14 May 2026 (UTC) f3dixm5g61z8dtrer9jjzuohjedinxl Wikiversity:INVOLVED 4 329641 2809342 2026-05-14T22:03:00Z Codename Noreste 2969951 Redirected page to [[Wikiversity:Recusal]] 2809342 wikitext text/x-wiki #REDIRECT[[Wikiversity:Recusal]] kuf0czb3fiboyz1a99k1z2ynocx7kqi Wikiversity:RECUSE 4 329642 2809343 2026-05-14T22:03:22Z Codename Noreste 2969951 Redirected page to [[Wikiversity:Recusal]] 2809343 wikitext text/x-wiki #REDIRECT[[Wikiversity:Recusal]] kuf0czb3fiboyz1a99k1z2ynocx7kqi Template:Protected page text/full/sandbox 10 329643 2809357 2026-05-14T23:26:32Z Codename Noreste 2969951 + 2809357 wikitext text/x-wiki {{protected page text | image = {{#ifeq:{{{2|}}}|edit|Full|{{{2|Full}}}}}-protection-shackle.svg | protection-message = This page is currently [[Wikiversity:Page protection#{{#switch:{{{2}}}|move=Move|create=Create|Full}} protection|protected]] and can be {{{2}}} only by [[Wikiversity:Curatorship|curators]] and [[Wikiversity:Custodianship|custodians]]. | suggestions = {{#ifexist: {{FULLPAGENAME}} | yes}} | protection-reason = Some [[Help:Templates|templates]] and site interface pages are permanently protected due to visibility. 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Most pages can be edited by anyone. | main-page-links = yes | template-links = yes | who-can-edit = A [[Wikiversity:Curatorship|curator]] or [[Wikiversity:Custodianship|custodian]] | request-type = {{#if:{{yesno|{{{manual-editrequest|}}}}}|manual|full}} | attempted-action = {{{2}}} | talk-protected = {{{talk-protected|false}}} }} hb09w9hduoti4o5wtnklfc9w0slkkd5 2809359 2809357 2026-05-14T23:27:02Z Codename Noreste 2969951 - 2809359 wikitext text/x-wiki {{protected page text | image = {{#ifeq:{{{2|}}}|edit|Full|{{{2|Full}}}}}-protection-shackle.svg | protection-message = This page is currently [[Wikiversity:Page protection#{{#switch:{{{2}}}|move=Move|create=Create|Full}} protection|protected]] so that only [[Wikiversity:Curatorship|curators]] and [[Wikiversity:Custodianship|custodians]] can {{{2}}} it. | suggestions = {{#ifexist: {{FULLPAGENAME}} | yes}} | protection-reason = Some [[Help:Templates|templates]] and site interface pages are permanently protected due to visibility. Occasionally, pages are temporarily protected because of editing disputes. Most pages can be edited by anyone. | main-page-links = yes | template-links = yes | who-can-edit = A [[Wikiversity:Curatorship|curator]] or [[Wikiversity:Custodianship|custodian]] | request-type = {{#if:{{yesno|{{{manual-editrequest|}}}}}|manual|full}} | attempted-action = {{{2}}} | talk-protected = {{{talk-protected|false}}} }} lesp3cug2sswdae0g40ww91fh2apf8i 2809362 2809359 2026-05-14T23:30:19Z Codename Noreste 2969951 + 2809362 wikitext text/x-wiki {{protected page text/sandbox | image = {{#ifeq:{{{2|}}}|edit|Full|{{{2|Full}}}}}-protection-shackle.svg | protection-message = This page is currently [[Wikiversity:Page protection#{{#switch:{{{2}}}|move=Move|create=Create|Full}} protection|protected]] so that only [[Wikiversity:Curatorship|curators]] and [[Wikiversity:Custodianship|custodians]] can {{{2}}} it. | suggestions = {{#ifexist: {{FULLPAGENAME}} | yes}} | protection-reason = Some [[Help:Templates|templates]] and site interface pages are permanently protected due to visibility. Occasionally, pages are temporarily protected because of editing disputes. Most pages can be edited by anyone. | main-page-links = yes | template-links = yes | who-can-edit = A [[Wikiversity:Curatorship|curator]] or [[Wikiversity:Custodianship|custodian]] | request-type = {{#if:{{yesno|{{{manual-editrequest|}}}}}|manual|full}} | attempted-action = {{{2}}} | talk-protected = {{{talk-protected|false}}} }} o8q3lgsoxsxbjwgmvicb2kqnh6uw1nj Template:Protected page text/sandbox 10 329644 2809361 2026-05-14T23:29:40Z Codename Noreste 2969951 + 2809361 wikitext text/x-wiki <includeonly><div class="mw-parser-output"><templatestyles src="Protected page text/styles.css"/>{{fmbox | id = mw-protectedpagetext | type = system | image = none | style = border-style:none; | text = {{mbox | type = protection | textstyle = font-weight:bold; font-size:130%; | image = [[File:{{{image|Full-protection-shackle.svg}}}|40x40px|link=|alt=]] | text = <div style="text-align: center;">{{{protection-message}}}</div> }} <div class="pptext-whywhat"> <div class="pptext-why"> <h2>Why is the page protected?</h2> <ul> <li>{{#ifexist:{{{title|{{FULLPAGENAME}}}}}|{{{protection-reason|}}}|{{{protection-reason-salt|Some titles are permanently protected from creation because they are deemed unsuitable for inclusion on Wikiversity, because they are [[Wikiversity:Spam|spam]] or [[Wikiversity:Vandalism|vandalism]], or because they violate the [[Wikiversity:Deletions|deletion policy]]. The reason for this may be recorded in the [{{fullurl:Special:Log/delete|page={{urlencode:{{{title|{{FULLPAGENAME}}}}}}}}} deletion log].}}}}}</li> <li>{{{log-text|The reason for protection can be found in the [{{fullurl:Special:Log|type=protect&page={{urlencode:{{#ifeq:{{NAMESPACENUMBER}}|-1|{{#titleparts:{{{title|{{FULLPAGENAME}}}}}|0|2}}|{{{title|{{FULLPAGENAME}}}}}}}}}}} protection log]. If there are no relevant entries in the protection log, the page may have been moved after being protected.}}}</li> <li>You might be in the wrong place; Wikiversity is '''not''' Wikipedia or Wikibooks.</li> </ul> </div> <div class="pptext-what"> <h2>What can I do?</h2> <ul> {{#if: {{{login-message|}}} | <li>If you have a user account, [[Special:UserLogin|log in]] first. If you do not yet have an account, you may [{{fullurl:Special:UserLogin|type=signup&campaign=semiprotectednotice}} create one]; after [[Wikiversity:Autoconfirmed users|4 days]], you will be able to edit semi-protected pages.</li> }}{{#ifexist:{{{title|{{FULLPAGENAME}}}}}| {{#ifeq: {{#if:{{{main-page-links|}}}|{{{title|{{FULLPAGENAME}}}}}}} | Main Page | <li>[[Wikiversity:Why create an account|Register for an account]] if you don't already have one.</li> <li>Visit the [[Wikiversity:Sandbox|sandbox]] to make test edits.</li> <li>[[Talk:Main Page|Report errors on the Main Page]].</li> | {{#ifeq: {{#if:{{{template-links|}}}|{{NAMESPACE}}}} | Template | {{#switch: {{#ifexist: {{{title|{{FULLPAGENAME}}}}}/doc | doc }}{{#ifexist: {{{title|{{FULLPAGENAME}}}}}/sandbox | sandbox }} | doc = <li>This template has a [[Wikiversity:Template documentation|documentation]] page – [[{{{title|{{FULLPAGENAME}}}}}/doc]] – which may be freely edited.</li> | sandbox = <li>This template has a sandbox page – [[{{{title|{{FULLPAGENAME}}}}}/sandbox]] – which may be freely edited.</li> | docsandbox = <li>This template has a [[Wikiversity:Template documentation|documentation]] page – [[{{{title|{{FULLPAGENAME}}}}}/doc]] – and a [[w:Template test cases|sandbox]] page – [[{{{title|{{FULLPAGENAME}}}}}/sandbox]] – both may be freely edited.</li> }} }}{{#ifexist: {{{title|{{FULLPAGENAME}}}}} | {{#ifeq: {{NAMESPACE}} | {{TALKSPACE}} | | {{#if: {{TALKPAGENAME}}| {{#if:{{{notalk|}}}|| <li>[[{{TALKPAGENAME}}|Discuss this page]] with others.</li> }}}} }} }} {{#if: {{{hide-requestlower|}}}||<li>{{{requestlower|[[Wikiversity:Request custodian action|Request that the page's protection level be reduced]].</li>}}}}} <li>[[Wikiversity:FAQ/Editing|Find out more about how to get started editing Wikiversity]].</li> {{#if: {{TALKPAGENAME}} | {{#ifeq: {{{talk-protected|false}}} | true | <li>If you have noticed an error or have a suggestion for a '''simple, non-controversial''' change, please check [[{{TALKPAGENAMEE}}|the discussion page]] first in case the issue is already being discussed. If the issue has not been discussed yet, you can submit an edit request at [[Wikiversity:Request custodian action]]. Make sure to clearly describe which page your request is about, and which change exactly you are requesting.</li>| <li>If you have noticed an error or have a suggestion for a '''simple, non-controversial change''', you can submit an edit request by clicking the button below and following the instructions. {{{who-can-edit}}} may then make the change on your behalf. Please check [[{{TALKPAGENAMEE}}|the discussion page]] first in case the issue is already being discussed.</li> <li class="pptext-submit"><div> {{Submit an edit request|type={{{request-type}}}}} </div></li> }} }} }} | <li>If you believe this page was deleted in violation of the [[Wikiversity:Deletions|deletion policy]], then you may contact the [{{fullurl:Special:Log/delete|page={{urlencode:{{{title|{{FULLPAGENAME}}}}}}}}} deleting administrator] or raise the matter of the deletion at [[Wikiversity:Requests for undeletion|requests for undeletion]]. Be sure to give an explanation as to why you think the page does not violate the deletion policy.</li> <li>If the page you are creating is a different topic than the previously deleted page, you may request this page be created. Please ask for help at [[Wikiversity:Request custodian action]] or by {{Submit an edit request/link|type={{{request-type}}}|display=opening an edit request}}, making sure to give a full reason why this page should be created. Be sure to specify the exact title (especially by [[Help:Links|linking]] it) of the page you are trying to create, and if it might be misunderstood (for example, an article with an unusual name), consider explaining briefly what you want to do.</li> }} <li>If you wrote any text, please save it temporarily to your device until you can {{#ifexist:{{{title|{{FULLPAGENAME}}}}}|edit|create}} this page.</li> </ul> </div> </div> }}</div></includeonly> 8eyafca7cnlsyva10ymbq3kcjg6aqmu Template:Editprotected/doc 10 329645 2809367 2026-05-14T23:34:48Z Codename Noreste 2969951 Codename Noreste moved page [[Template:Editprotected/doc]] to [[Template:Edit protected/doc]] 2809367 wikitext text/x-wiki #REDIRECT [[Template:Edit protected/doc]] 6x9666lzcqgz3eeovnvwl7a7d65rplt Template:SPER 10 329646 2809368 2026-05-14T23:35:39Z Codename Noreste 2969951 Redirected page to [[Template:Edit semi-protected]] 2809368 wikitext text/x-wiki #REDIRECT[[Template:Edit semi-protected]] h8kx5eyiqrc159cf3r3jk703so5nw2e Template:Edit semi-protected/doc 10 329647 2809374 2026-05-14T23:48:44Z Codename Noreste 2969951 Redirected page to [[Template:Edit interface-protected/doc]] 2809374 wikitext text/x-wiki #REDIRECT[[Template:Edit interface-protected/doc]] g72ofseujixhiuegojz86m7r78z2alc Category:Wikiversity semi-protected edit requests 14 329648 2809378 2026-05-14T23:53:55Z Codename Noreste 2969951 + 2809378 wikitext text/x-wiki {{Wikiversity category}} {{Empty category}} [[Category:Wikiversity edit requests]] d3xyzqk49zzfw7402qav8a5pujarenq Category:Wikiversity fully-protected edit requests 14 329649 2809379 2026-05-14T23:54:32Z Codename Noreste 2969951 + 2809379 wikitext text/x-wiki {{Wikiversity category}} {{Empty category}} [[Category:Wikiversity edit requests]] d3xyzqk49zzfw7402qav8a5pujarenq 2809381 2809379 2026-05-14T23:58:41Z Codename Noreste 2969951 + 2809381 wikitext text/x-wiki {{Category redirect|Category:Wikiversity fully protected edit requests}} j0ay4iwvrsl5ovxc2abesep0cikjyvi Category:Wikiversity interface-protected edit requests 14 329650 2809380 2026-05-14T23:55:21Z Codename Noreste 2969951 + 2809380 wikitext text/x-wiki {{Wikiversity category}} {{Empty category}} [[Category:Wikiversity edit requests]] d3xyzqk49zzfw7402qav8a5pujarenq Category:Wikiversity fully protected edit requests 14 329651 2809382 2026-05-14T23:58:55Z Codename Noreste 2969951 + 2809382 wikitext text/x-wiki {{Wikiversity category}} {{Empty category}} [[Category:Wikiversity edit requests]] d3xyzqk49zzfw7402qav8a5pujarenq Draft:Journalism 118 329652 2809458 2026-05-15T10:39:19Z Jtneill 10242 Jtneill moved page [[Draft:Journalism]] to [[Journalism]]: Move to main space 2809458 wikitext text/x-wiki #REDIRECT [[Journalism]] 3s8exvs17v3kb8tg5jc5bvord7mliux Category:Escuela de Lenguas UNLP/Academic Writing/Journalism 14 329653 2809462 2026-05-15T10:47:40Z Jtneill 10242 Created page with "[[Category:Category:Escuela de Lenguas UNLP/Academic Writing]] [[Category:Journalism]]" 2809462 wikitext text/x-wiki [[Category:Category:Escuela de Lenguas UNLP/Academic Writing]] [[Category:Journalism]] hx1x0qs8gucjjfeuaxivt0n6wdspicj