(Un)friendly Algorithm: Religious Freedom and Digital Technologies

This blog series explores some threats that digital technologies can create to freedom of religion or belief and other human rights. It starts with Neville Rochow’s elaboration on the potential harmfulness of algorithm-based decision-making if the program does not take account of religious beliefs. Rochow emphasizes that the predictable and (in many ways) helpful expansion of AI’s role in everyday life must be accompanied by companies’ greater corporate accountability and obedience to the law.

Yulia Razmetaeva explains why AI technology may be non-neutral and have a significant influence on freedom of thought pointing at it as a source of fake information  that calls for violence.

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What Is and What Should Never Be: Corporate and Digital Specters that Threaten Fundamental Freedoms

Neville Rochow QC is an Australian Barrister, Associate Professor (Adjunct) at the University of Adelaide Law School, and a member of Anthony Mason Chambers in Adelaid

Corporations are notorious for their bad behavior in the pursuit of profits [1] and the need for laws to regulate them [2]. In relation to religious and other freedoms, where corporations have any influence upon their exercise, laws and regulatory regimes could work to enhance the enjoyment of rights and freedoms. But there are legal and regulatory measures that just should not be undertaken since they diminish that enjoyment. The distinctions between what can be done and what should not be done, what is and what should never be, have become all the more important as our lives are increasingly ruled by corporate powers and now their digital servants.

As to potential impact, consider the instance of what happens to religious freedom when an algorithm in the emergency room computer decides whether or not to administer a blood transfusion. If nothing in the program asks a question whether the patient is a faithful Jehovah’s Witness, the machine will decide the question without consultation on religious faith. Religious freedom is rendered irrelevant.

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Judges and Their Religions

In this series, we provide different perspectives on religion and judging. Five contributors, academics and a U.S. federal judge explore religious diversity and the judiciary, interplays between religious convictions and judicial ethics, and the role of religion and religious beliefs in professional and personal biographies of judges.

The series starts with Jeremy Patrick’s elaboration on interplays between religious diversity and the composition of the High Court of Australia. David G. Campbell discusses public concerns about possible tensions between religious adherence and the judiciary oath and argues that religious devotion can be consistent with good judging. Based on the examples of Israel and Egypt, Andrea Pin demonstrates how judges’ religious law-illiteracy can give a secular push to legal systems with the religious component.

Based on the example of the South African Supreme Court’s Chief Justice Mogoeng Mogoeng, Christine Venter addresses the obligation of judges to separate their personal religious convictions and the legal reasoning they provide in their decisions. David Kenny explores the biography of Brian Walsh, a prominent Irish justice and a judge of the Strasbourg Court, and the role his Catholic background plays in his jurisprudence.

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