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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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portable_wifi_off Restricting Internet access & online content

The internet was created to facilitate the free flow of information, and as such offers an array of opportunities for the realisation of human rights. However, impediments to the internet’s use for the advancement of human rights seem to be growing.

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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

Kalda v Estonia (2016)

The European Court of Human Rights held that a prisoner had a right to access certain internet sites even though he already had access to paper versions of the information.

phonelink_lock Digital rights · portable_wifi_off Restricting Internet access & online content · Estonia · Europe · Nov 2022

United States v Alvarez (2012)

In the majority opinion of the United States Supreme Court, Justice Anthony Kennedy wrote that “[t]he remedy for speech that is false is speech that is true.  This is the ordinary course in a free society.”

record_voice_over Freedom of expression · portable_wifi_off Restricting Internet access & online content · pan_tool Censorship by private actors · dvr False news, misinformation & propaganda · US · Apr 2012

Spyware & Digital Surveillance: Factsheet

In the world of advanced methods of data collection, graphics processing and algorithms, there is wide-spread concern that the increasing prevalence of spyware and digital surveillance pose a serious threat to human rights, most notably, privacy and freedom of expression. Spyware and surveillance may take various forms, including but not limited to electronic trackers, security…

record_voice_over Freedom of expression · phonelink_lock Digital rights · portable_wifi_off Restricting Internet access & online content · fingerprint Privacy, security & data protection · local_police Cybercrimes · Africa · Asia · Europe · North America · Oceania · South America · Apr 2021

Federation of African Journalists v The Gambia (2018)

The ECOWAS Court of Justice delivered a landmark judgment that the rights of four journalists had been violated by state authorities when security agents arbitrarily arrested, harassed and detained them under inhumane conditions, and forced them into exile for fear of persecution.

record_voice_over Freedom of expression · phonelink_lock Digital rights · portable_wifi_off Restricting Internet access & online content · local_fire_department Defamation & reputation · dvr False news, misinformation & propaganda · Africa · Gambia · Apr 2018

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

Constitutional Rights Project and Civil Liberties Organisation v Nigeria (1998)

The African Commission on Human and Peoples’ Rights found that no situation could justify a wholesale interference with freedom of expression, as was the case with the mass arrests and banning of publications that followed the 1993 presidential elections in Nigeria.

portable_wifi_off Restricting Internet access & online content · Africa · Nigeria · Apr 1998

Attorney General of Malaysia v Mkini Dotcom Sdn Bhd (2021)

The Federal Court of Malaysia held that an online news website which had published comments by its subscribers which criticised the judiciary was guilty of contempt of court, despite the website removing the comments within twelve minutes of being informed by the police.

portable_wifi_off Restricting Internet access & online content · local_police Cybercrimes · pan_tool Censorship by private actors · Asia · Malaysia · Nov 2022

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.

record_voice_over Freedom of expression · phonelink_lock Digital rights · portable_wifi_off Restricting Internet access & online content · local_fire_department Defamation & reputation · fingerprint Privacy, security & data protection · local_police Cybercrimes · thumb_down_alt Hate speech · pan_tool Censorship by private actors · dvr False news, misinformation & propaganda · gavel Litigating freedom of expression · Africa · Jan 2021

European Court Finds Turkey Violated Cumhuriyet Journalists’ Rights to Liberty and Security, Freedom of Expression, Detained in the Crackdown Following July 2016 Coup

record_voice_over Freedom of expression · portable_wifi_off Restricting Internet access & online content · dvr False news, misinformation & propaganda · Asia · Turkey · Apr 2021