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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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record_voice_over Freedom of expression

Freedom of expression is a protected fundamental human right, but it is increasingly under threat due to dramatic changes to the media and information eco-system occasioned by the rise of the internet.

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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

Herrera-Ulloa v Costa Rica (2004)

The Inter-American Court of Human Rights held that Costa Rica’s criminal defamation law violated the American Convention on Human Rights, which guarantees freedom of expression.

record_voice_over Freedom of expression · local_fire_department Defamation & reputation · gavel Litigating freedom of expression · Costa Rica · North America · Apr 2004

Qwelane v South African Human Rights Commission (2021)

The Constitutional Court of South Africa held that a provision creating criminal liability for hate speech was unconstitutional, holding that hate speech must be both harmful or incite harm and promote hatred.

record_voice_over Freedom of expression · thumb_down_alt Hate speech · Africa · South Africa · Nov 2022

Bosasa Operation (Pty) Ltd v Basson (2012)

The South Gauteng High Court in South Africa ruled that a journalist should not be required to reveal their sources and that doing so would infringe on the freedom of the press.

record_voice_over Freedom of expression · phonelink_lock Digital rights · Africa · South Africa · Nov 2022

Burundi Journalists Union v The Attorney-General of the Republic of Burundi (2015)

The East African Court of Justice found that a Burundian law that restricted disseminating information that may be seen to be critical of the state, and forced journalists to reveal their sources was a violation of the EAC Treaty.

record_voice_over Freedom of expression · phonelink_lock Digital rights · dvr False news, misinformation & propaganda · gavel Litigating freedom of expression · Africa · Burundi · Apr 2015

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

Zimbabwe Lawyers for Human Rights v. Zimbabwe (2009)

The African Commission on Human and Peoples’ Rights held that Zimbabwe violated various rights by using force instead of seeking a Court order to stop a media outlet from operating illegally under a media registration law.

record_voice_over Freedom of expression · gavel Litigating freedom of expression · Africa · Zimbabwe · Nov 2022

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.

record_voice_over Freedom of expression · 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 2009

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

Scanlen & Holderness v Zimbabwe (2009)

The African Commission on Human and People’s Rights held that legislation which introduced an onerous regime for the accreditation of journalists infringed the rights to freedom of expression and to receive information.

record_voice_over Freedom of expression · gavel Litigating freedom of expression · Africa · Zimbabwe · Nov 2022