Conflict of Rights and Interests

Conflict of rights and interests

International human rights law suggests a “balance of rights” approach to assess the legitimacy of state restriction to freedom of expression. The resources on this Module survey the application of this test to various areas of conflict, such as defamation and national security. Readings cover various national practices, and jurisprudence, along with academic critiques.

10 items found, showing 1 - 10

Incitement and Hate speech

Author: UNESCO
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The report “provides a global overview of the dynamics characterizing hate speech online and some of the measures that have been adopted to counteract and mitigate it, highlighting good practices that have emerged at the local and global level. It also places particular emphasis on social and nonregulatory mechanism that can help to counter the production, dissemination and impact of hateful messages online.”

Gagliardone, Iginio, et al. Countering online hate speech. Paris: UN, UNESCO, 2015.

Author: Florence Jaoko
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In 2011 the UN Office of the High Commissioner for Human Rights organized expert workshops on the prohibition of incitement to national, racial or religious hatred. This document is the contribution from Florence Jaoko, Chairperson of the Kenya National Commission on Human Rights, to the workshop held in Nairobi. The paper "examines the legal framework, (international, regional, constitutional and legislative) that address these issues and the standards used to ensure a proper balance we will also examine other institutional frameworks such as policy and mechanisms for redress including judicial interventions. The background information has dealt with various regional mechanisms and other country specific situations; [Then it] deal[s] with the Kenyan Situation in light of international and regional conventions and decisions."

UN OHCHR, Florence Jaoko's contribution to the Expert workshops on the prohibition of incitement to national, racial or religious hatred, 2011 Expert workshops on the prohibition of incitement to national, racial or religious hatred, Workshop for Africa (Nairbi, 6 and 7 April 2011)


Author: Kevin W. Saunders
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"Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in countries included on The Economist's list of fully functioning democracies. Generally speaking, other countries allow prohibitions on hate speech, limits on third-party spending on elections, and the protection of children from media influences seen as harmful. Many ban Holocaust denial and the desecration of national symbols. Yet, these other countries all remain democratic, and most of those considered rank more highly than the United States on the democracy index. This book argues that while there may be other cultural values that call for more expansive protection of expression, that protection need not reach the level present in the United States in order to protect the democratic nature of a country."

Saunders, Kevin W. Free Expression and Democracy: A Comparative Analysis. Cambridge: Cambridge University Press, 2017. doi:10.1017/9781316771129.

Author: UNESCO
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The report “provides a new perspective on the social and political dynamics behind the threats to expression. It develops a conceptual framework on the ‘ecology of freedom of expression’ for discussing the broad context of policy and practice that should be taken into consideration in discussions of this issue.”

Dutton, William H. Freedom of connection, freedom of expression: the changing legal and regulatory ecology shaping the Internet. Paris: UN, UNESCO, 2011.

Author: Paula Martins
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In 2011 the UN Office of the High Commissioner for Human Rights organized expert workshops on the prohibition of incitement to national, racial or religious hatred. This document is Paula Martins' contribution to the expert meeting held in Santiago, Chile.

UN OHCHR, Paula Martins, Freedom of Expression and Equality: The prohibition of incitement to hatred in Latin America (Work in Progress), 2011 Expert workshops on the prohibition of incitement to national, racial or religious hatred, Workshop for the Americas (Santiago, 12 and 13 October 2011)

Author: Columbia Global Freedom of Expression
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Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. This Advanced  Course will focus on the multiple challenges brought about by the technology revolution of the last two decades. On one hand, it has given the world the means to realize its commitment to freedom of information without frontiers. Technology has shaped, reshaped, and radically transformed the production and distribution of information, profoundly impacting whole societies and greatly influencing, if not defining, information and communication. On the other hand, it has also precipitated or heightened a range of normative, regulatory and political issues related to the protection of freedom of expression, on and off line. This course will examine the complex, and often awkward, interplay of global information flows with national jurisdiction and state sovereignty, and what it means for the realization of a borderless vision for the right to freedom of expression.

Author: UNESCO
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"The Freedom of Expression Toolkit is UNESCO’s contribution to freedom of expression and it is written with upper high school students in mind. The Toolkit covers the major concepts and issues and it is written in an easy to understand, conversational manner.” Among other, it aims to answer the following questions: What is freedom of Expression and why does it matter? When is freedom of expression at risk? What are the conditions needed for freedom of expression? What is the special role of journalism and journalists in freedom of expression? What about freedom of expression online? What are the limitations?" 

Lim, Ming-Kuok. Freedom of expression toolkit: a guide for students. Paris: UN, UNESCO, 2013 

Author: IACmHR, SRFoE Edison Lanza
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This section of a larger report on Violence against LGBTI persons “provides an overview of the Inter-American legal framework concerning hate speech and incitement to violence. This section also identifies and analyses various non-legal measures and good practices that can contribute to prevent and counter hate speech. The overall goal of this section is to establish the basis for an understanding of the scope of hate speech and allow for the development and implementation of effective responses. This report primarily addresses the obligations of States, but additionally examines the significant role that media can play in the implementation of varied strategies to prevent and combat hate speech.” 

OAS, IACmHR, Special Rapporteur for Freedom of Expression, Edison Lanza.  Hate Speech and Incitement to Violence Against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas. OAS/Ser.L/V/II.rev.1 Doc. 36 12 November 2015

Author: Toby Mendel
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"This paper is a contribution to a book published in Macedonia called the Black Book of Shame, which focuses on attempts by the powerful to silence the media and others using legal tools in the post-communist period. The paper outlines international standards regarding hate speech, with a particular focus on the constitutive elements of a crime of hate speech which is compatible with freedom of expression guarantees."

Medel, Toby. Hate Speech Rules Under International Law. Halifax: Centre for Law and Democracy. February 2010.

Author: Projek Dialog and ARTICLE 19
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The objective of this infographic, designed collaboratively by Projek Dialog and ARTICLE 19, is to respond to the “growing demand for clear guidelines to identify ‘hate speech’” and to address the “challenges it poses to human rights”. The infographic primarily endeavours to generate an understanding about the following: 1) what hate speech is, 2) how hate speech which can be restricted can be identified in juxtaposition to protected speech, and 3) the positive measures States and other stakeholders need to take in order to produce a countervailing effect to hate speech. 

Projek Dialog and ARTICLE 19. “Hate Speech: An Infographic”. October 2020.