Scope of Freedom of Expression

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. 

Modern liberal-democratic nations are divided over whether the right to freedom of expression should extend to hate speech, which abuses, degrades, or promotes violence or discrimination against others based on traits like race, nationality, religion, sex, sexual orientation, and gender identity. Most liberal democracies outlaw certain forms of public hate speech in order to protect the dignity, equality, and security of the targeted groups. At the same time, the United States rejects this position and holds that public hate speech generally should receive constitutional protection.

This essay argues that bans on public and private hate speech can contradict liberal principles. It focuses on the writings of John Locke, which laid the theoretical foundations of the modern liberal state and addressed the problem of speech that denies the equal status and rights of others. Locke's thought offers a valuable starting point for considering how liberal principles should apply to hate speech.

This essay presents a theory of free expression based on liberal humanism, which argues that free speech is based on respect for human freedom and dignity, but does not entitle one to infringe on the rights of others. It uses this approach to grapple with the problem of hate speech, which may be restricted on the grounds that it violates the most basic right of all: the right to be recognized and treated as a human being and a member of the community. Locke argued that expression that sought to deny freedom and equality to religious minorities should not receive legal protection because it invaded its targets' rights and undermined society's foundations. The essay also responds to two of the leading liberal arguments against hate-speech bans: that they violate individual autonomy and undermine democratic legitimacy.

This short course 'Human Rights: The Right to Freedom of Expression' created by Amnesty International "will equip you with the knowledge to understand and claim your right to freedom of expression, and the skills and confidence to take action to defend it. Learn from the experts at Amnesty International how to claim and defend your rights in this human rights course. You will be challenged to think critically and devise effective actions to defend the human rights of others. You will be able to adapt the human rights of freedom of expression, association and assembly to real life situations and come face-to-face with human rights activists on the front line of human rights defense." "The course ran from 17 November to 8 December 2015 and remains online for you to browse or refresh your knowledge in archive mode."

Wehbé states that there is a duality between the legal recognition and practice of promoting the freedom of expression globally. In particular, at times when such freedom is most vital to the generation of the ‘consent of the governed’, International Law appears to allow for censorship. In this article, Wehbé makes the case for increasing international legal protections for freedom of expression with the objective of encouraging and fostering the growth of free governments. The article is divided into four sections, which outline the international legal protections for freedom of expression, the application of these protections in the context of emergent or re-emergent governments, and proposals by way of which multilateral treaty and State practice(s) can achieve the end of protecting freedom of expression.

These materials are part of the Multimedia Training Kit (MMTK). Here you will find links to a) Module Handout; b) Module Trainers' notes; c) Module Questions and case studies; d) Module Power Point Slides. "The MMTK provides an integrated set of multimedia training materials and resources to support community media, community multimedia centres, telecentres, and other initiatives using information and communications technologies (ICTs) to empower communities and support development work. [...] This module explores the relationship between human rights, as understood in the Inter-American Human Rights System, and ICTs such as the internet. As well as this handout, it includes a set of presentation slides, exercises and case studies, and a list of additional readings. It raises the following general questions which should be considered by participants: 1. How has the internet changed people’s lives? What rights have been affected positively or negatively due to access to the internet? 2. Should online and offline human rights be understood differently? 3. What should the role of the state be regarding the exercise of human rights online? 4. What are the implications of the global nature of the internet for national human rights laws and international human rights instruments?" 

“The report aims to translate in a concise and clear manner more than 70 years of international jurisprudence on freedom of expression, and outline a road map for judicial operators so that they can make decisions that are in line with international standards.” Available only in Spanish.

This lesson is part of an International Human Rights free online course created by the MOOC Chile project. The lesson answer the questions: What is freedom of expression? And why it is an important right? "In this class [they] first refer to the sources of freedom of speech in international human rights law as well as to which aspects are covered by it. [They] will also explain which types of discourse are protected and which not. Then [they] will summarize the main justifications given for protecting speech freedom. After that, [they] will deal with the main restrictions to which the freedom of expression may be subjected." 

This introductory lesson on Freedom of Expression, delivered by Prof. Tomás Vial, is Lecture 9 of the free online course on International Human Rights Law offered by MOOC Chile. In this lesson, Prof. Vial explores answers to primarily two questions: 1) what is the freedom of expression? and 2) why is it an important right? Identifying the freedom of expression as an essential right in a democratic society, Prof. Vial elaborates on the following in this lesson: 1) sources of freedom of speech in International Human Rights Law, 2) the types of discourses which are protected and those which are not, 3) the main justifications for the protection of free expression, and, 4) the main restrictions to which the freedom of expression may be subjected.