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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Marshal Muchende on getting Zambia’s “false news” law struck down
Explaining the Issues: False News
In our Explaining the Issues series, we explain legal issues faced by the media – this instalment covers false news.
Democratic Party v Secretary-General and the Attorneys General of the Republic of Uganda, Kenya, Rwanda and Burundi (2014)
The East African Court of Justice confirmed that once an applicant has shown an alleged violation of the EAC Treaty, the court must exercise its jurisdiction i.e., it does not have voluntary jurisdiction.
Norbert Zongo and Others v Burkina Faso (2014)
The African Court found that when dealing with the issue of damages, a distinction could be made between material damages and moral damages.
Digital Rights Ireland Ltd v Minister of Communications, Marine and Natural Resources et al (2014)
The European Court of Justice held that a European Union directive requiring Internet Service Providers to store telecommunications data in order to facilitate the prevention and prosecution of crime was found to be invalid.
Disini v the Secretary of Justice (2014)
The Supreme Court of Philippines ruled that several provisions of the Cybercrime Prevention Act of 2012 violated freedom of expression and privacy.
Google Spain SL v Agencia Española de Protección de Datos (2014)
The Court of Justice of the European Union ruled that the right to be forgotten means that personal information that is “inadequate, irrelevant or no longer relevant, or excessive” must be erased by the search engine, but that the right should not apply to information that is relevant for the public interest.
Konaté 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.
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.