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Each theme contains useful resources for lawyers on freedom of expression, click below to get started.

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Freedom of expression

An overview of the multi-faceted right to freedom of expression and how it is protected under international law.

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Digital rights

Understanding digital rights is crucial to protecting human rights, as little of our lives today is immune from the forces of technology and the internet.

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Restricting Internet access & online content

An overview of the ways in which access to the internet and online content are restricted around the world.

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Defamation & reputation

An overview of freedom of expression issues in the law, including how defamation is treated in domestic and international law.

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Privacy, security & data protection

An overview of the right to privacy, data protection, and protecting freedom of expression in a digital world.

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Cybercrimes

Describes the different types of cybercrimes, tracks the trends, and evaluates how cybercrimes are dealt with in international law.

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Hate speech

An overview of hate speech and how it is dealt with both under domestic and international law.

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Censorship by private actors

An overview of the ways in which access to content and freedom of expression online are restricted by private actors.

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False news, misinformation & propaganda

An overview of false news, misinformation and propaganda, including causes and potential solutions..

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Litigating freedom of expression

An overview of the various rights and concepts which encompass digital rights.

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pan_tool Censorship by private actors

The internet has given extraordinary decision-making power to private actors, who often face little scrutiny or oversight over their behaviour and how it may affect access to information and freedom of expression.

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Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v Hungary (2016)

The European Court of Human Rights found that internet portals assume duties and responsibilities particularly in the context of offensive and vulgar comments — even if the speech is not unlawful.

portable_wifi_off Restricting Internet access & online content · local_fire_department Defamation & reputation · pan_tool Censorship by private actors · gavel Litigating freedom of expression · Europe · Hungary · Apr 2016

Shirin v State of Kerala (2019)

The Kerala High Court found the right to internet access to be a fundamental right and a part of the right to education as well as the right to privacy under the Constitution of India.

portable_wifi_off Restricting Internet access & online content · pan_tool Censorship by private actors · Asia · India · Apr 2019

Ministra Nancy Andrighi v Google Brasil Internet Ltd (2012)

The Superior Tribunal of Justice in Brazil held that search engines cannot be compelled to remove search results relating to a specific term or expression.

fingerprint Privacy, security & data protection · pan_tool Censorship by private actors · Brazil · South America · Nov 2022

Shreya Singhal v Union of India (2012)

The Supreme Court of India found that intermediaries are only liable when they have received actual knowledge from a court order, or have been notified by the government, and subsequently failed to remove or disable access to the information.

portable_wifi_off Restricting Internet access & online content · local_police Cybercrimes · pan_tool Censorship by private actors · gavel Litigating freedom of expression · Asia · India · Apr 2012

Zimbabwe Lawyers for Human Rights and Another v The Minister of State in the President’s Office Responsible for National Security and Others (2019)

The Zimbabwe High Court ruled that the government had no authority to order the internet shutdown that coincided with widespread protests in January 2019.

phonelink_lock Digital rights · portable_wifi_off Restricting Internet access & online content · pan_tool Censorship by private actors · Africa · Zimbabwe · Apr 2019

Hurbain v Belgium (2021)

The European Court of Human Rights (Third Section) held that an order enforcing the right to be forgotten of a person involved in a road accident through anonymisation did not breach the publisher’s freedom of expression.

fingerprint Privacy, security & data protection · pan_tool Censorship by private actors · Belgium · Europe · Nov 2022

María Belén Rodriguez v Google (2014)

The Supreme Court of Argentina held that search engines are under no duty to monitor the legality of third-party content to which they link, and only in exceptional circumstances could they be required to disable access.

portable_wifi_off Restricting Internet access & online content · pan_tool Censorship by private actors · Argentina · South America · Apr 2014

Kharitonov v Russia (2020)

The European Court of Human Rights held that the blocking of a website as a consequence of a blocking order against another website which had the same IP address was a violation of the right to freedom of expression and information.

phonelink_lock Digital rights · portable_wifi_off Restricting Internet access & online content · pan_tool Censorship by private actors · Asia · Europe · Russian Federation · Apr 2020

Biancardi v Italy (2021)

The European Court of Human Rights held that an online publisher’s failure to comply with a de-indexing request justified restricting the publisher’s freedom of expression by allowing the request.

fingerprint Privacy, security & data protection · pan_tool Censorship by private actors · Europe · Italy · Nov 2022

Bhasin v Union of India; Azad v Union of India (2020)

The Supreme Court of India found that freedom of speech and expression and the freedom to practice any profession or occupation over the medium of the internet enjoys constitutional protection and that suspending internet services indefinitely is impermissible.

portable_wifi_off Restricting Internet access & online content · pan_tool Censorship by private actors · gavel Litigating freedom of expression · Asia · India · Apr 2020