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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Hate speech
In order to uphold freedom of expression, there is a need for clear and narrowly circumscribed definitions of ‘hate speech,’ which do not conflate it with speech that is offensive.
View this themeKonaté v Burkina Faso (2014)
The African Court overruled the conviction and harsh penalties levied on a journalist for defamation relating to news articles alleging corruption of a state prosecutor, and found that the conviction was a disproportionate interference with the journalist’s right to freedom of expression.
Charlie Hebdo and Hate Speech: Don’t Prosecute the Messenger
Başkaya and Okçuoğlu v Turkey (1999)
The European Court of Human Rights found that the convictions and sentencing of an author and publisher on charges of disseminating propaganda against the indivisibility of the state were disproportionate to the aims pursued, and there not necessary in a democratic society.
In fear of cartoons
Good v Republic of Botswana (2010)
The African Commission on Human and Peoples’ Rights found that a professor’s right to freedom of expression had been violated when the state deported Mr Good on national security grounds for the publication of an article critical of Botswana’s presidential succession.
Explaining the Issues: Criminal Libel
In our Explaining the Issues series, we explain legal issues faced by the media – this instalment covers criminal libel.
Jersild v Denmark (1994)
The European Court of Human Rights held that the intent of a journalist who created a documentary featuring interviews of racist, neo-Nazi gangs was to make a serious social inquiry exposing the views of racist gangs, and therefore not hate speech.
Media Defence Training Manual on International and Comparative Media and Freedom of Expression Law
The Media Defence manual on international and comparative media and freedom of expression law consists of a 136-page guide to international and comparative freedom of expression law, introducing topics ranging from defamation to national security restrictions on free speech.
Summary Module 1: Key Principles of International Law and Freedom of Expression (sub-Saharan Africa)
Overview of the right to freedom of expression and how it is protected under international law.