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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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local_police Cybercrimes

In the digital world, increases in internet access, e-commerce and economic development have resulted in new forms of crime online, called cybercrime, and the resultant urgent need for cybersecurity.

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Segerman vs Peterson (2022)

The High Court of South Africa overturned a protection order granted by a Cape Town Magistrate’s Court that prevented a woman from speaking about her rape by her ex-boyfriend.

record_voice_over Freedom of expression · local_fire_department Defamation & reputation · local_police Cybercrimes · Africa · South Africa · Nov 2022

amaBhungane v Minister of Justice (2021)

The Constitutional Court of South Africa held that the Regulation of Interception of Communications Act (RICA), which regulated mass surveillance in South Africa, was unconstitutional.

record_voice_over Freedom of expression · phonelink_lock Digital rights · fingerprint Privacy, security & data protection · local_police Cybercrimes · Africa · South Africa · Apr 2021

Brown v Economic Freedom Fighters (2019)

The South Gauteng High Court in South Africa held that the failure of a political party to condemn its supporters’ harassment of and threats against a journalist violated the South African Electoral Code.

record_voice_over Freedom of expression · fingerprint Privacy, security & data protection · local_police Cybercrimes · Africa · South Africa · Nov 2022

Andama v Director of Public Prosecution (2019)

The Nairobi High Court in Kenya ruled that a provision criminalising the publication of “obscene information in electronic form” was an unjustifiable limitation of the rights to freedom of expression and to a fair trial.

phonelink_lock Digital rights · local_police Cybercrimes · Africa · Kenya · 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

SANEF v Black Land First (2017)

The High Court of South Africa ordered the Black First Land First organization to refrain from acts of intimidation, harassment, and threats directed at certain journalists.

record_voice_over Freedom of expression · local_police Cybercrimes · Africa · South Africa · Nov 2022

The Incorporated Trustees of Laws and Rights Awareness Initiatives v Nigeria (2020)

The ECOWAS Community Court of Justice ordered Nigeria to repeal its cybercrime legislation which was held to violate the right to freedom of expression.

phonelink_lock Digital rights · local_police Cybercrimes · Africa · Nigeria · Nov 2022

Nubian Rights Forum and Others v The Hon. Attorney General and Others (2020)

The High Court in Kenya held that a new digital identity system could only be implemented subject to the improvement of the existing data protection laws.

local_police Cybercrimes · Africa · Kenya · Apr 2020

Chipenzi v The People (2014)

The High Court of Zambia found that a provision of Zambia’s Penal Code that prohibited the publication of false information likely to cause public fear, violated the Constitution as it did not amount to a reasonable justification for limiting the freedom of expression.

phonelink_lock Digital rights · local_police Cybercrimes · dvr False news, misinformation & propaganda · Africa · Zambia · Nov 2022

South African National Editors Forum and Others v Black Land First and Others (2017)

The South African High Court granted an interdict sought by a group of journalists, following intimidation, harassment (including threats on social media), assault that they had been subjected to.

fingerprint Privacy, security & data protection · local_police Cybercrimes · Africa · South Africa · Apr 2017