Scope of Freedom of Expression

As the Council of Europe Newsroom reports, “The Council of Europe has launched a Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era. The Manifesto sums up the importance of artistic creation and cultural industry for our democratic societies as well as the protection, which Article 10 of the European convention on human rights extends to the freedom of artistic expression. Freedom of speech is also the freedom to create. The power of art to communicate and open up new perspectives and ideas makes the artist, artistic mobility and artistic freedom strategic resources for society, helping to overcome fragmentation and addressing today's global challenges. Council of Europe Secretary General Marija Pejčinović Burić has endorsed Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era: ‘Freedom of artistic expression is part of freedom of expression, protected by Article 10 of the European Convention on Human Rights. The Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era is a political commitment to promote the right of artists to express themselves freely even under difficult circumstances. Freedom of artistic expression is facing growing pressure. More and more artists, experts and cultural professionals who hint at problems, spell out uncomfortable truths, make the unseen visible are subject to pressure, censorship, intimidation and harassment. Moreover, the COVID-19 crisis has severely affected the working conditions and income of artists and the cultural and creative sector as a whole. The Manifesto draws attention to these risks and sends a clear political signal to protect openness and creativity, which are essential ingredients of our democracies’.” 

In this segment of the MOOC 'International and African Legal Framework on Freedom of Expression, Access to Information and the Safety of Journalists' developed by the Centre for Human Rights, University of Pretoria with the support of UNESCO, Mr. Frank la Rue, presents a  general Introduction to the International and Regional Framework on Freedom of Expression.

This segment is part of Module 1 of the MOOC: General Introduction to the International and Regional Framework on Freedom of Expression

In this segment of the MOOC 'International and African Legal Framework on Freedom of Expression, Access to Information and the Safety of Journalists' developed by the Centre for Human Rights, University of Pretoria with the support of UNESCO, Pansy Tlakula explains the right to freedom of expression under the African Charter and international law.

This segment is part of Module 2 of the MOOC: Legitimate restrictions on the right to freedom of expression.

PowerPoint Presentation created by the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission for Human Rights. This presentation is used by the Office in their training sessions. It addresses the Inter-American human rights system, explains the mandate of the Office of the Special Rapporteur, and refers to the jurisprudence and standards on: prohibition of prior censorship, prohibition of desacato laws, proportionality of subsequent liability, prohibition of indirect restrictions on speech, access to information and violence against media workers. .

In this segment of the MOOC 'International and African Legal Framework on Freedom of Expression, Access to Information and the Safety of Journalists' developed by the Centre for Human Rights, University of Pretoria with the support of UNESCO, professor Frans Viljoen explains the particular provisions in the African Charter on Human and Peoples’ rights that deals with freedom of expression (article 9). Viljoen also references some seminal case law.

This segment is part of Module 2 of the MOOC: Legitimate restrictions on the right to freedom of expression.

In this segment of the MOOC 'International and African Legal Framework on Freedom of Expression, Access to Information and the Safety of Journalists' developed by the Centre for Human Rights, University of Pretoria with the support of UNESCO, professor Frans Viljoen explains the right to access information in the African system.

This segment is part of Module 4 of the MOOC: The right of access to information in the context of the United Nations Sustainable Development Goals and African standards.

This is a a handbook for legal practitioners on protecting the right to freedom of erxpression under the European Convention on Human Rights. The chapters  are: 1: General consideration on Article 10; 2: Duties under Article 10; 3 Unprotected speech-hate, speech, incitement to violence; 4: The system of restrictions within the exercise of the right to freedom of expression; 5: Limitations due to "public" reasons; 6: Freedom of expression and reputation; 7: Rights of others; 8: Freedom of expression and the media; 9: Freedom of expression and new technologies.

The report  “describes the jurisprudence of various systems for protection of human rights regarding public protests and their possible limitations. The objective was to contribute to interpretation of public protests as an exercise of freedom of expression and freedom of assembly in the framework of the Inter-American System.”

“Algorithms and Artificial Intelligence (AI) applications are now a critical part of the information environment – they are found in every corner of the internet, on digital devices and in technical systems, in search engines, social media platforms, messaging applications, and public information mechanisms. In this report, the Special Rapporteur examines the impact AI on the information environment, and proposes a human rights framework for the design and use of technologies comprising AI by states and private actors. [In particular], it tries to do three things: define key terms essential to a human rights discussion about AI; identify the human rights legal framework relevant to AI; and present some preliminary recommendations to ensure that, as the technologies comprising AI evolve, human rights considerations are baked into that process. The report should be read as a companion to my most recent report to the Human Rights Council (A/HRC/38/35), in which a human rights approach to online content moderation was presented.”

Chapter III OF THE REPORT (A/HRC/14/23) "expands on four main themes: (a) general considerations on the freedom of opinion and expression; (b) freedom of expression for groups in need of particular attention and the role of freedom of expression in combating discrimination; (c) permissable restrictions and limitations on freedom of the expression; and (d) protection of journalists and freedom of the press. Chapter IV presents the Special Rapporteur’s conclusions and general recommendations concerning these main subjects.”