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

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