Freedom of Speech in International Law

Hamilton, Michael (2021) Freedom of Speech in International Law. In: Oxford Handbook on Freedom of Speech. Oxford University Press, pp. 193-212. ISBN 9780198827580

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This chapter traces the broad contours of the right to freedom of speech as it has evolved in international law, principally under Article 19(2) of the 1996 International Covenant on Civil and Political Rights (ICCPR or ‘the Covenant’). Any speech protective principles deriving from the international jurisprudence are qualified by the following factors: The contextual contingency of the value of speech, the inherently limited reach of international scrutiny, the changing nature of the marketplace, and emerging forms of censorship. The chapter then outlines the key human rights treaty protections for freedom of speech, before further exploring the scope of the right. It examines the permissible grounds for speech restriction, highlighting two contested categories of speech—namely, incitement to hatred and glorification of terrorism—where international law not only concedes the low value of such speech, but specifically mandates its prohibition in domestic law. States that introduce broadly framed speech restrictions may claim to be acting in satisfaction of this prohibitory requirement. In consequence, the intensity of any ensuing international scrutiny will inevitably be substantially reduced.

Item Type: Book Section
Uncontrolled Keywords: freedom of speech,human rights treaty protections,iccpr,international jurisprudence,international law,international scrutiny,right to freedom of speech,speech protective principles,speech restrictions,social sciences(all),sdg 16 - peace, justice and strong institutions ,/dk/atira/pure/subjectarea/asjc/3300
Faculty \ School: Faculty of Social Sciences > School of Law
UEA Research Groups: Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law
Faculty of Social Sciences > Research Groups > International Law
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Depositing User: LivePure Connector
Date Deposited: 24 Jun 2019 10:30
Last Modified: 24 Oct 2022 23:49
DOI: 10.1093/oxfordhb/9780198827580.013.12

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