Freedom of Speech in International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 January 2024
- ISBN 9780198899372
- Binding Hardback
- No. of pages480 pages
- Size 253x178x34 mm
- Weight 984 g
- Language English 1379
Categories
Short description:
Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It not only addresses the problems facing free speech today but offers recommendations to give effect to the international-law obligation to protect freedom of expression.
MoreLong description:
Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced.
Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards.
These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
In their highly original critical approach, the distinguished authors distil recommendations on how laws on ... speech should be interpreted, applied, and reformed ... This work is a unique and invaluable resource produced by two editors whose scholarship and distinction command the utmost respect.
Table of Contents:
Ch 1: Introduction
I. Introduction
II. International Standards on Freedom of Speech and of the Press
Treaties
Customary International Law
Jurisprudence
III. Conclusion
Ch 2: Insulting Speech
Introduction
I. State practice
Overview of laws regulating insulting speech
Application of national laws
II. International legal standards
Legality
Legitimacy
Necessity
Exclusions, exceptions and defences
Right to a fair trial
Penalties
III. Recommendations
Ch 3: Hate Speech
Introduction
I. State practice
Overview of hate speech laws
Application of hate speech laws around the world
II. International legal standards
Mandatory restrictions on hate speech
Discretionary restrictions on hate speech
III. Key Divergences in International and Regional Guidance
IV. Approach of private companies to online hate speech
V. Recommendations
Ch 4: False Speech
Introduction
I State practice
Overview of laws regulating false speech around the world
Application of false speech laws around the world
II. International legal standards
Legality
Legitimacy
Necessity
Exemptions, exclusions, defences
Penalties
III. Recommendations
Ch 5: Speech related to National Security: Espionage and Official Secrets Laws
Introduction
I. State practice
Overview of laws regulating disclosure of 'secret' material
Application of espionage and official secrets laws around the world
II. International legal standards
Legality
Legitimacy
Necessity
Exclusions, exceptions and defences
III. Recommendations
Ch 6: Speech related to National Security: Terrorism and Public Order Laws
Introduction
I. State practice
Terrorism laws and associated offences
Application of terrorism laws around the world
II. International legal standards
Legality
Legitimacy
Necessity
Exclusions, exceptions and defences
Penalties
Approach of private companies to online incitement to terrorism
III. Recommendations
Freedom of Speech in International Law
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