The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes "hate speech" is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.
The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Gender-based violence undermines the core values of human rights on which the Council of Europe is based and to which its member states have subscribed Gender-based violence refers to any type of harm that is perpetrated against a person or group of people because of their actual or perceived sex, gender, sexual orientation and/or gender identity. Gender-based violence can be sexual, physical, verbal, psychological (emotional), or socio-economic and it can take many forms – from verbal violence and hate speech on the internet, to rape or murder. Statistics show that gender-based violence affects women disproportionately. Gender-based violence undermines the core values of human rights on which the Council of Europe is based and to which its member states have subscribed. It is a problem in all member states and affects millions of women and men, young people and children, regardless of their social status, cultural or religious background, sexual orientation or gender identity. Preventing, addressing and combating gender-based violence are intrinsic to human rights education, youth work and non-formal learning activities which support young people on their path to autonomy as active citizens, mindful of everyone’s human rights. The issues that are addressed through this work are all relevant to young people’s lives, and they relate directly to the world in which young people live. Gender Matters is a manual to address gender-based violence with young people. It provides insights into gender and gender-based violence, background information to key social, political and legal issues and, especially, educational activities and methods for education and training activities with young people. Gender Matters should be used as a practical resource in guiding young people to become more aware of their own actions and the actions of others. It contributes to a better understanding of how to stay safe and secure and how to support those who have experienced violence in their lives. It will not suffice to eradicate gender-based violence. However it is a necessary and urgent step towards dignity for all.
Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideals calls for a new ethic of responsible intercultural relations, in Europe and in the World. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.
Collecting several key documents and policy statements, this supplement to the ninth edition of the Intellectual Freedom Manual traces a history of ALA’s commitment to fighting censorship. An introductory essay by Judith Krug and Candace Morgan, updated by OIF Director Barbara Jones, sketches out an overview of ALA policy on intellectual freedom. An important resource, this volume includes documents which discuss such foundational issues as The Library Bill of RightsProtecting the freedom to readALA’s Code of EthicsHow to respond to challenges and concerns about library resourcesMinors and internet activityMeeting rooms, bulletin boards, and exhibitsCopyrightPrivacy, including the retention of library usage records
Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.
