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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Each theme contains useful resources for lawyers on freedom of expression, click below to get started.
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.
Restricting Internet access & online content
An overview of the ways in which access to the internet and online content are restricted around the world.
Defamation & reputation
An overview of freedom of expression issues in the law, including how defamation is treated in domestic and international law.
Privacy, security & data protection
An overview of the right to privacy, data protection, and protecting freedom of expression in a digital world.
Cybercrimes
Describes the different types of cybercrimes, tracks the trends, and evaluates how cybercrimes are dealt with in international law.
Hate speech
An overview of hate speech and how it is dealt with both under domestic and international law.
Censorship by private actors
An overview of the ways in which access to content and freedom of expression online are restricted by private actors.
False news, misinformation & propaganda
An overview of false news, misinformation and propaganda, including causes and potential solutions..
Litigating freedom of expression
An overview of the various rights and concepts which encompass digital rights.
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Defamation & reputation
While defamation laws aim to provide individuals with a remedy for public statements that may harm their reputation or honour, they frequently come into conflict with the right to freedom of expression.
View this themeEconomic Freedom Fighters v Manuel (2020)
In an appeal of the 2019 High Court judgment, the Supreme Court of Appeal of South Africa ruled that the EFF had defamed a former politician but found that the High Court had incorrectly quantified the damages to be awarded.
Advanced Module 5: Trends in Censorship by Private Actors (sub-Saharan Africa)
Provides an overview of the current ways in which non-state actors are facilitating online censorship.
Steel and Morris v United Kingdom (2005)
The European Court of Human Rights held that although the sum awarded in a defamation case was not objectively large, “it was very substantial when compared to the modest incomes and resources of the . . . applicant . . .”.
OOO Memo v Russia (2022)
The European Court of Human Rights referred for the first time to the notion of SLAPP (Strategic Litigation Against Public Participation) in a civil defamation suit brought by a Russian regional state body against a media company.
Media Defence Intervenes in European Court Case on Media’s Right to Access and Report from Defamation Proceedings
Kimel v. Argentina (2008)
The Inter-American Court of Human Rights ruled that the Argentinian state’s conviction of a journalist for criticising a judicial investigation was an unnecessary and disproportionate violation of freedom of expression, and ordered the state to reform the criminal laws protecting honour and reputation.
Defending the Media in Defamation Cases: Factsheet
Defamation can be described in a number of ways – but is broadly understood as the communication of a false statement that unjustly causes harm or detriment to legal or natural person’s reputation.
Társaság a Szabadságjogokért v Hungary (2009)
The European Court of Human Rights held that the right to freedom of expression included the right to access information under the control of public authorities.
Koko v Tanton (2021)
The Johannesburg High Court in South Africa held that a defamation case brought by a former executive of a state entity constituted a SLAPP suit.