17. Proceedings and penalties for contempt of court should not restrict defence
rights and must be necessary for the maintenance of orderly proceedings. 895
Incitement, racial hatred and hate speech
18. Article 20, ICCPR prohibits hate speech and propaganda for war. In this respect
there is a close relationship between the ICCPR and the UN Convention on the
Elimination of all Forms of Racial Discrimination (CERD), in particular its Article
4 which provides that States should create an offence for all dissemination of
ideas based on racial superiority or hatred and incitement to racial
discrimination.896 The State’s failure to protect individuals from racial insults has
been found to be a violation of ICERD.897
19. Particular concerns have been raised with respect to the spread of hate speech
through the internet and social media.898
20. Holocaust denial is a classic example of such hate speech,899 however laws on
genocide denial will also be treated with suspicion by human rights bodies.900
Apologie or the Glorification of Terrorism
21. The UN Security Council Resolution 1624 calls on States ‘to prohibit by law
incitement to commit a terrorist act’.901 However, any counter-terrorism
measures adopted by the State must conform with its international human rights
obligations. As the Human Rights Committee has noted, offences including the
‘encouragement of terrorism’, ‘extremist activity’, ‘praising’, ‘glorifying’ or
‘justifying’ terrorism should comply with the requirements of legality, necessity
and proportionality.902
22. In a Joint Declaration in 2005, the UN Special Rapporteur on Freedom of
Opinion and Expression, the OSCE Representative on Freedom of the Media
and the Organisation of American States Special Rapporteur on Freedom of
Expression have sought to clarify the extent to which freedom of expression
895
Human Rights Committee, Communication 1373/2005, Dissanayake v Sri Lanka, 22 July 2008.
See also CERD General Recommendation 15, 24 and 40 and also ICCPR General Comment No.11
on Article 20. Rabat Plan of Action on the prohibition of advocacy on national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence, adopted in 2012; UNESCO integrated
strategy to combat racism, discrimination, xenophobia and intolerance; OSCE, Astana Declaration in
2010.
897 CERD Committee, Communication 16/1999, Ahmad v Denmark, 13 Mar 2000 See also Durban
Declaration and Plan of Action, 2001.
898 See Report of the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance, A/HRC/26/49, 6 May 2014. League of Arab States and Gulf
Cooperation Council, Recommendations of the Conference on Combating Cybercrime in the GCC
Countries, 18th of June 2007, Abu Dhabi.
899 See e.g. Human Rights Committee, Communication 550/1993, R. Faurisson v France, 8 November
1996; Communication 736/1997, M. Ross v Canada, 18 October 2000.
900 See e.g. Human Rights Committee, Communication 550/1993, R. Faurisson v France, 8 November
1996.
901 S/RES/1624 (2005). See also Johannesburg Principles on National Security, Freedom of Expression
and Access to Information, UN Doc.E/CN.4/1996/39 (1996).
902
Human Rights Committee, General Comment No.34, CCPR/C/GC/34 (2011), para 46.
896
143
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents