Baidu’s perfect paradox : free speech and the right to censor
China’s biggest search engine has a constitutional right to filter its search results, a US court found last month. But that’s just the start of the story.
Eight New York-based pro-democracy activists sued Baidu Inc in 2011, seeking damages because Baidu prevents their work from showing up in search results. Baidu follows Chinese law that requires it to censor politically sensitive results.
But in what the plaintiffs’ lawyer has dubbed a “perfect paradox”, US District Judge Jesse Furman has dismissed the challenge, explaining that to hold Baidu liable for its decisions to censor pro-democracy content would itself infringe the right to free speech.
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|Keywords:||speech, censorship, search engines, china|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Constitutional Law (180108)|
|Divisions:||Current > Research Centres > ARC Centre of Excellence for Creative Industries and Innovation
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Statement:||CC BY-ND 4.0|
|Deposited On:||04 May 2014 23:32|
|Last Modified:||02 Nov 2014 22:16|
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