International System of Protection

The ECtHR’s Press Service published an updated factsheet that includes the Court’s case law and pending cases grouped by themes on hate speech. The factsheet explains two approaches used by the Court in considering such cases: 1) “the approach of exclusion from the protection of the Convention,” based on Article 17; and 2) “the approach of setting restrictions on protection,” based on paragraph 2 of Article 10. The two approaches structure the first part of the cases’ list, which is not exhaustive; each case is marked by a narrower corresponding theme (“Threat to the democratic order,” “Racial hate,” “Incitement to violence or hatred against people because of their sexual orientation,” “Incitement to ethnic hatred,” and “Extremism” among many others). The factsheet’s second part contains two big groups of cases sorted as “Online hate speech” and “Hate speech and right of others to respect for private life.” The most recent cases highlighted in the factsheet include Lenis v. Greece and Rivadulla Duró v. Spain (both are decisions on admissibility), Ossewaarde v. Russia, Fragoso Dacosta v. Spain, Sanchez v. France, and Valaitis v. Lithuania. 

"The Declaration on Digital Rights and Principles presents the EU’s commitment to a secure, safe and sustainable digital transformation that puts people at the centre, in line with EU core values and fundamental rights."

"The proposed Regulation includes safeguards against political interference in editorial decisions and against surveillance. It puts a focus on the independence and stable funding of public service media as well as on the transparency of media ownership and the allocation of state advertising. "

"The key objectives of the legislative initiative would be to: ensure that media companies can operate in the internal market subject to consistent regulatory standards, including as regards media freedom and pluralism, ▪ ensure that EU citizens have access to a wide and varied media offering both offline and online, ▪ safeguard the editorial independence and independent management of the media, which is a precondition of media freedom and of the integrity of the internal market, ▪ foster undistorted competition between media companies by ensuring a transparent and fair allocation of state resources".

How can media freedom literacy (MFL) be strengthened in the participating states of the Organization for Security and Co-operation in Europe (OSCE)? Establishing the not-so-often-emphasized connection between media literacy and media freedom, this report, commissioned by the OSCE Representative on Freedom of the Media (RFoM), offers practical tools for government bodies, scholars, media organizations, civil society, and digital platforms. Chapter 4 defines and explains MFL, while Chapter 5 reviews key legislative and regulatory frameworks at international and national levels, including the European Media Freedom Act and Digital Services Act, among others, and approaches developed in Belgium, Sweden, Finland, Latvia, UK, US, and Canada. Chapter 7, a broader review of MFL projects and interventions, is followed by recommendations to various stakeholders and case studies of projects that promote MFL.

"A new report entitled Free to Create: Artistic Freedom in Europe examines the challenges European artists and cultural workers face in the practice of their right to freedom of artistic expression. These range from laws that curtail creative freedom, attacks from non-governmental groups and online threats to the “under-the-radar” pressures that contribute to self-censorship. Artistic freedom is a core human right requiring protection and it has worsened recently under multiple challenges – political extremism, economic collapse, a global pandemic, threats from digitisation, an emerging environmental catastrophe, and the return of war within Europe – all crises with major impacts on human rights across society."

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. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?

“This series of Briefing Notes is designed to give readers an understanding of the key international legal standards that apply in the context of freedom of expression. They are aimed at an audience which does not necessarily have a deep understanding of freedom of expression issues, but they also aim to be of interest and relevance to more sophisticated freedom of expression observers and practitioners. Thus, while the Briefing Notes are designed to be broadly accessible, they also provide readers with fairly in-depth knowledge about freedom of expression issues. Each individual Briefing Note addresses a different thematic freedom of expression issue. The first, perhaps predictably, is titled Freedom of Expression as a Human Right, while the second looks at the permissible scope of restrictions on freedom of expression under international law. Several of the Briefing Notes focus on different areas of media regulation, including print, broadcast and public service media, journalists, media diversity and independent regulation. This reflects the central role media regulation plays both in terms of guaranteeing freedom of expression and in the legal frameworks found in democracies relating to freedom of expression. There are also Briefing Notes on both criminal and civil restrictions on freedom of expression, as well as on the right to information (or freedom of information) and digital rights. In addition to providing substantive guidance in the relevant thematic area, the Briefing Notes contain a number of pithy quotes from leading sources. The idea is to provide readers with quick access to ‘quotable quotes’ for possible reuse in their work. Each Note also contains a section at the end on further resources, for readers who want to probe the subject more deeply.”

"This revised edition contains summaries of over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court’s online case-law database). It can be read in various ways: for initial orientation in the steadily growing Article 10 case-law; for refreshing one’s knowledge of that case-law; for quick reference and checking, as well as for substantive research."

“Alongside the COVID-19 pandemic, the governmental restrictions related to it were a stress test for multiple areas related to human rights, including the freedom of speech and media plurality. Specifically, concerns have been raised over the respect of the freedom of expression, both for individuals and the media, in several Eastern Partnership countries. This analysis focuses on identifying positive and negative changes with regards to freedom of speech and media resulting from policies related to COVID-19, examining the role of media in providing reliable information about COVID-19, evaluating the role of digitalisation on independent media, and assessing the impact of the strengthened strategic communication and support for media in the implementation of the 20 Deliverables for 2020.”

"The paper will begin by setting out the international law backdrop to the UN Plan of Action. It will explain how the interplay of international treaty-based standards and other institutional and political dynamics have ensured powerful traction for the UN Plan of Action. The paper will then proceed with a more detailed focus on how relevant bodies of the Council of Europe engage with the problems and issues addressed by the UN Plan of Action. Particular attention will be paid to the protection afforded to (the freedom of expression of) journalists and other media actors by the European Convention on Human Rights (hereafter: ECHR) and the case-law of the European Court of Human Rights. The translation of the ECHR’s principles of protection into other standard-setting work by the Council of Europe will constitute another important focus. The section devoted to the Council of Europe will explore three main themes: roles and forms of journalism and public debate in democratic society; revisiting rights, duties and responsibilities in the digital age, and new regulatory and policy challenges and directions."