Full Description
Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced.
Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards.
These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
Contents
Ch 1: Introduction
I. Introduction
II. International Standards on Freedom of Speech and of the Press
1: Treaties
2: Customary International Law
3: Jurisprudence
III. Conclusion
Ch 2: Insulting Speech
Introduction
I. State practice
1: Overview of laws regulating insulting speech
2: Application of national laws
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exclusions, exceptions and defences
5: Right to a fair trial
6: Penalties
III. Recommendations
Ch 3: Hate Speech
Introduction
I. State practice
1: Overview of hate speech laws
2: Application of hate speech laws around the world
II. International legal standards
1: Mandatory restrictions on hate speech
2: Discretionary restrictions on hate speech
III. Key Divergences in International and Regional Guidance
IV. Approach of private companies to online hate speech
V. Recommendations
Ch 4: False Speech
Introduction
I State practice
1: Overview of laws regulating false speech around the world
2: Application of false speech laws around the world
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exemptions, exclusions, defences
5: Penalties
III. Recommendations
Ch 5: Speech related to National Security: Espionage and Official Secrets Laws
Introduction
I. State practice
1: Overview of laws regulating disclosure of 'secret' material
2: Application of espionage and official secrets laws around the world
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exclusions, exceptions and defences
III. Recommendations
Ch 6: Speech related to National Security: Terrorism and Public Order Laws
Introduction
I. State practice
1: Terrorism laws and associated offences
2: Application of terrorism laws around the world
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exclusions, exceptions and defences
4: Penalties
5: Approach of private companies to online incitement to terrorism
III. Recommendations
