Freedom of Speech in International Law

Abstract Freedom of Speech in International Law aims to distil the minimum protections for speech enshrined in international law and—where there is a divergence or gap—set out a recommended policy endorsed by global experts. In doing so, this book seeks to guide both governments and private companies navigating the contemporary challenges of protecting freedom of expression. And distilling these global standards reduces the ability of autocratic regimes to weaponize the law to silence journalists and other independent voices. The hope is that this text can be used in courtrooms and newsrooms around the world by those working to protect our right to freedom of speech, and to bring to justice those who violate it. Each of the book’s chapters focuses on a type of speech or an area of law that is being used to silence the press or curtail freedom of expression. Along with an Introduction chapter, the chapters focus on Insulting Speech (including defamation and sedition laws), False Speech, Hate Speech and two chapters on Speech Affecting National Security (in form of Espionage and Official Secrets Laws and Terrorism Laws). Each chapter outlines relevant state practice, minimum international law standards and provides recommendations drawn from these standards. The book includes a range of case studies from across the world which demonstrate how states abuse their legal systems to quash dissent, including by using laws that have traditionally targeted speech, and increasingly, terrorism, false news and other vague laws.