International Standards Research Reports
The Panel is working with leading academic institutions and law firms around the world to provide advice on model elements for the drafting and interpretation of legislation in line with international human rights standards.
This involves:
(1) reviewing the laws that are most frequently used to target media freedom and studying their use in prosecutions around the world;
(2) reviewing national and international standards relevant to such laws;
(3) reviewing existing guidance issued by international experts and bodies; and
(4) providing practical advice to governments, legislators and judges on drafting legislation, including specific guidance on penalties and language that would comply with international human rights law and reflect best practices in this area.
The High Level Panel addressing laws that are most frequently used to target journalists and those undertaking journalistic activity in six separate reports covering:
- Blasphemy laws;
- False Speech;
- Defamation and ‘insult’ laws;
- Espionage;
- Official Secrets laws;
- Hate speech.
False Speech in International Law
Details
Under international law, state regulation of false speech (misinformation) must comply with individuals’ freedom of expression, and this report explores where these lines are drawn in international treaties and human rights jurisprudence. Because this is a developing area of law, much of the jurisprudence of international courts and human rights bodies is drawn from other contexts, in particular standards relating to false speech that is defamatory, causing reputational harm. The report outlines international standards relating to when false speech can be penalised and makes recommendations as to how the law should be applied and reformed to meet the challenges of ‘truth decay’.
Hate Speech in International Law
Details
States must protect individuals from violence and discrimination, including when such harm is triggered by hateful speech. And this is increasingly urgent: hate speech spreads faster and wider than ever before; hate-motivated crimes have risen to their highest levels in more than a decade in the United States, and an upsurge in hate crimes has been recorded across the world. But the right to speak freely is an essential right, the foundation of a free and democratic society and a prerequisite ‘for the full enjoyment of’ our other human rights. This report sets out the minimum international standards that apply to states drafting, interpreting and applying hate speech laws. It also recommends which approach is preferable from a policy perspective where international bodies have taken divergent views.
Insulting Speech in International Law
Details
Although defamation laws may serve the legitimate function of protecting a person’s reputation, in practice these laws can present a threat to freedom of the press and to anyone seeking to express their political views. Today, more than 160 countries have criminal defamation laws on their books, and many of these – instead of providing extra protection for political speech – include aggravated punishment for speech that criticises public officials, heads of state, state bodies and the State itself. This report assesses the current state of the law related to insulting speech and proposes recommendations based on international standards and best practices to address gaps or inconsistencies in international human rights law related to political speech.
Speech related to National Security: Terrorism Laws
Details
Legal regulation of terrorist-related speech pits democratic values against each other. Terrorist attacks can of course lead to huge loss of life, and limiting their occurrence is a key priority of governments and social media companies the world over. But fundamental disagreements exist about the definition of terrorism, the type of speech that may cause or contribute to it, and where the line should be drawn when it comes to protecting speech in this area. The report explores terrorism laws that impact speech, as well as the broad array of ‘public order’ offences prohibiting speech that threatens national security. It sets out the international standards governing the permissibility of restricting speech on the basis of terrorism or public order. And it offers recommendations – to both governments and social media companies – as to how such laws should be drafted, interpreted and applied to comply with international law.
Speech related to National Security: Espionage and Official Secrets Laws
Details
Laws providing for the secrecy of some government information are ubiquitous across democracies and authoritarian regimes alike. But such laws can be used to punish state officials, journalists and ordinary citizens reporting on matters of public interest. And a striking feature of this area of the law is that leading democracies that are generally considered protective of speech are among the governments with particularly harsh official secrets laws and practices. This report considers state practice, international standards governing the use of official secrets laws and recommendations as to how these laws should be drafted and applied to comply with international law.
On Religious Freedom and Discontent: Report on International Standards and Blasphemy Laws
Details
This report provides a series of recommendations concerning blasphemy laws – in summary, the recommendations are (1) the repeal of blasphemy laws, especially those that carry criminal penalties; (2) the steps that can be taken to limit the most prejudicial effects of such laws pending their repeal; and (3) non-legal interventions by states, including action that supports a rich and diverse media environment and encourages counter-speech by religious leaders and other actors.