The Right to Insult in International Law
THE RIGHT TO INSULT IN INTERNATIONAL LAW Amal Clooney and Philippa Webb* ABSTRACT States all over the world are enacting new laws that criminalize insults, and using existing insult laws with renewed vigour. In this article, we examine state practice, treaty provisions, and case law on insulting speech. We conclude that insulting speech is currently insufficiently protected under international law and regulatedby confused case law and commentary. We explain that the three principal internationaltreaties that regulate speech provide conflicting guidance on the right to insult in internationallaw, and the treaty provisions have been interpreted in inconsistent ways by international courts and United Nations bodies. We conclude by recommending that internationallaw should recognize a "rightto insult"and, drawingon US practice under the FirstAmendment, we propose eight recommendations to guide consideration of insulting speech in internationallaw. These recommendations would promote coherence in international legal standards and offer greater protection to freedom of speech. * Amal Clooney is a barrister at Doughty Street Chambers and a Visiting Professor at Columbia Law School. Philippa Webb is a barrister at 20 Essex Street Chambers and Reader (Associate Professor) in Public International Law at King's College London. We thank Matthew Nelson, Anna Bonini, Katarzyna Lasinska, Raphaelle Rafin, Tiffany Chan, Deborah Tang, Ollie Persey, and Mirka Fries for excellent research assistance. We are grateful to Professor Guglielmo Verdirame, Professor Michael Posner, Professor Vince Blasi, and Nani Jansen for comments. COL UMBIA HUMAN RIGHTS LAW RE VIE W [48.2 INTRODUCTION Freedom of speech is under attack. States all over the world are enacting new laws that criminalize insults and are using existing insult laws with renewed vigour.
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