Scope of Freedom of Expression

“In a world of rising calls for limits on hate speech, international human rights law provides standards to govern State and company approaches to online expression. In the present report, submitted in accordance with Human Rights Council resolution 34/18, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression explains how those standards provide a framework for Governments considering regulatory options and companies determining how to respect human rights online. The Special Rapporteur begins with an introduction to the international legal framework, focusing on United Nations treaties and the leading interpretations of provisions related to what is colloquially called “hate speech”. He then highlights key State obligations and addresses how content moderation by companies may ensure respect for the human rights of users and the public. He concludes with recommendations for States and companies.”

“Surveillance of individuals – often journalists, activists, opposition figures, critics and others exercising their right to freedom of expression – has been shown to lead to arbitrary detention, sometimes to torture and possibly to extrajudicial killings. Such surveillance has thrived amid weak controls on exports and transfers of technology to Governments with well-known policies of repression. In the present report, the Special Rapporteur begins by identifying the problem of targeted surveillance seen from the obligations that human rights law imposes on States and the related responsibilities of companies. He then proposes a legal and policy framework for regulation, accountability and transparency within the private surveillance industry. He concludes with a call for tighter regulation of surveillance exports and restrictions on their use, as well as a call for an immediate moratorium on the global sale and transfer of the tools of the private surveillance industry until rigorous human rights safeguards are put in place to regulate such practices and guarantee that Governments and non-State actors use the tools in legitimate ways.”

The report (A/71/373) “addresses contemporary challenges to freedom of expression. He assesses trends relating to the permissible restrictions laid out in article 19 (3) of the International Covenant on Civil and Political Rights, and concludes with recommendations that the United Nations, States and civil society may take to promote and protect freedom of opinion and expression.”

The report (A/69/335)“focuses on the right of the child to freedom of expression. [The Special Rapporteur] calls for a greater focus by the international community and States on children’s right to freedom of expression and access to information, while noting with concern the adoption of various restrictive measures allegedly aimed at protecting children from harmful information.” 

The report (A/HRC/26/30) “focuses on the realization of the right to freedom of opinion and expression in electoral contexts, paying particular attention to the establishment and enforcement of legal instruments regulating political communications. [The Special Rapporteur] details the human rights framework applicable to the question of freedom of opinion and expression in political communications and electoral processes. [T]hen describes common violations of the right to freedom of opinion and expression in electoral periods. Finally, [p]rovides recommendations on the alignment of national legal frameworks to the most relevant international human rights standards, emphasizing the importance of promoting pluralism, transparency and accountability.” 

"Offering a concise overview of the current state of content moderation on the largest social media platforms and the impacts on freedom of expression, the practical handbook seeks to dissect the complex intersection of freedom of expression, content moderation, and the business models of these tech giants.

The handbook, produced by ARTICLE 19 under the UNESCO project Social Media 4 Peace funded by the European Union, includes numerous concrete examples and cases to illustrate the questions raised by different standards, practices and policies pertinent to content moderation. It builds upon ARTICLE 19’s policies and expertise in content moderation and platform regulation and reflects ARTICLE 19’s long-standing calls that measures responding to problematic content including ‘disinformation’ and ‘hate speech’ must always conform with international standards on freedom of expression and other human rights."

Chapter 12 of Human Rights in the Administration of Justice, a manual and facilitator’s guide developed by the UN OHCHR in collaboration with the IBA, pertains to the right to freedom of thought, conscience, religion, opinion, expression, association and assembly. The learning objectives of this chapter are: “1.) To familiarize the participants with some other key rights, namely freedom of thought, conscience, religion, opinion, expression, association and assembly, and their importance in a society that is respectful of human rights in general; 2.) To illustrate how these freedoms, as well as the limitations attached to the exercise of most of them, are interpreted by the international monitoring bodies; 3.) To explain the role of judges, prosecutors and lawyers in safeguarding the freedoms dealt with in this chapter.”

The authors have submitted a Joint UPR Submission that gauges the worsening situation of freedom of expression in Russia, for the 44th Session of the Working Group. The submission examines the persecution of media workers and media outlets; criminalisation of speech and assembly and association; the use of war propaganda and incitement of hatred and violence; the use of internet shutdowns; website blocking; the use of surveillance in violation of Russia’s obligations enshrined in the International Covenant on Civil and Political Rights.

"Diverse societies require space for inclusive and pluralistic interaction and debate. Media and information technologies can offer such spaces to allow different groups to interact with each other, explore their identities, and voice diverse perspectives without fear. This fosters dialogue and mutual understanding, strengthens societal integration and resilience, and reduces tensions. The OSCE High Commissioner on National Minorities offers guidance on how to create, nurture, and develop the role of the media and information technologies for conflict prevention."

As Open Society Foundations summarizes this incisive and timely report, “This publication from the Open Society European Policy Institute, the Brussels-based policy and advocacy branch of the Open Society Foundations network, and authored by Professor Laurent Pech, examines whether it is possible to use the chilling effect to promote and protect democracy, rule of law, and fundamental rights. In its negative form, the chilling effect is used by some governments to create a climate of self-censorship that deters democratic actors such as journalists, advocates and judges from speaking out. To stop autocratic-minded authorities from achieving their goal of inspiring self-censorship among democratic actors, this report recommends systemically integrating the concept of chilling effect into the EU’s infringement framework of analysis. This will establish a foundation to better allow the EU to protect freedom of association, judicial independence, and media freedom.”