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Links Between Freedom of Expression and Other Human Rights

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Links Between Freedom of Expression and Other Human Rights Freedom of expression, which is protected by Article 10 of the European LINKS BETWEEN Convention on Human Rights, is integral to open and inclusive societies. Indeed, it is the cornerstone of culturally diverse, pluralistic societies. It is not, however, an absolute right and it can be subject to limitations in accordance with Article 10(2) of the Convention. This Guide responds FREEDOM OF EXPRESSION AND to the wish of the Committee of Ministers to have a practical tool which can be used by member States when reconciling the right to freedom of expression with other human rights, in particular: the right to respect for RIGHTS HUMAN OTHER AND BETWEEN EXPRESSION LINKS OF FREEDOM private life; right to freedom of thought, conscience and religion; freedom OTHER HUMAN RIGHTS of assembly and association; and the prohibition of discrimination. In this regard, the good and promising practices presented in the Guide detail the approaches and methods States use, and serve as an example for the development and incorporation of further measures and improved co- operation. This Guide has been prepared by the Steering Committee for Human Rights (CDDH) and it builds on the standards, principles and recommendations from international, regional and national legal bodies. Moreover, the Guide provides succinct summaries of the principles established in the relevant jurisprudence of the European Court of Human Rights. Whilst the Guide is mainly intended for policy makers and public authorities, it is a useful tool for a wider audience. In this Guide, the reader will find: an in-depth exposition on the scope and content of the right to freedom of expression; the relation of specific actors to freedom of expression; its importance for political discourse; links between freedom of expression and other human rights. The Guide draws attention to contemporary issues that interact with freedom of expression, such as information disorder (“fake news”) and hate speech. It also mentions the development of artificial intelligence (AI) which is likely to have implications for the exercise of the freedom of expression, presenting both challenges and opportunities. PREMS 138819 ENG Specific focus areas: The Council of Europe is the continent’s leading 3 Freedom of expression 3 Guide to good and 3 Analysis of the human rights organisation. It comprises 47 member in political discourse promising practices on relevant jurisprudence states, including all members of the European the way of reconciling of the European Court Union. All Council of Europe member states have 3 Information disorder freedom of expression of Human Rights www.coe.int signed up to the European Convention on Human (“fake news”) with other rights and and other Council of Rights, a treaty designed to protect human rights, freedoms, in particular in Europe instruments democracy and the rule of law. The European Court 3 Hate speech culturally diverse societies of Human Rights oversees the implementation of the Convention in the member states. GUIDE TO GOOD AND PROMISING PRACTICES ON THE WAY OF RECONCILING FREEDOM OF EXPRESSION WITH OTHER RIGHTS AND FREEDOMS, IN PARTICULAR IN CULTURALLY DIVERSE SOCIETIES Adopted by the Steering Committee on Human Rights (CDDH) at its 91st meeting (18–21 June 2019) Council of Europe French edition: Guide de bonnes et prometteuses pratiques sur la manière de concilier la liberté d’expression avec d’autres droits et libertés, notamment dans les sociétés culturellement diverses All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex). All other correspondence concerning this document should be addressed to the Directorate General of Human Rights and Rule of Law. Layout: SPDP, Council of Europe © Council of Europe, September 2019 Printed at the Council of Europe 2 Guide to good and promising practices on the way of reconciling freedom of expression with other rights and freedoms, in particular in culturally diverse societies Table of contents I. BACKGROUND ....................................................................................................................... 6 II. INTRODUCTION ..................................................................................................................... 7 III. SCOPE AND CONTENT OF THE RIGHT TO FREEDOM OF EXPRESSION ...................... 9 A. Protection of freedom of expression ........................................................................................ 9 International and regional levels ............................................................................. 9 National level ........................................................................................................ 10 Article 10 of the ECHR .......................................................................................... 11 Scope .............................................................................................................11 Permissible limitations ....................................................................................11 States’ obligations ..........................................................................................14 Access to information online and offline ........................................................14 B. Specific actors and their relation to freedom of expression ................................................... 17 Media ..............................................................................................................17 Civil society actors..........................................................................................20 Internet intermediaries ...................................................................................21 i. Specific focus area: Freedom of expression in political discourse .............. 23 Freedom of political debate ............................................................................24 Responsibility of political leaders and political parties ...................................25 Measures to combat political statements that incite to violence or hatred .....26 a. Self-regulation ...........................................................................................27 b. Withdrawal of public financial and other forms of support ........................29 c. Prohibition and dissolution of political parties and organisations in exceptional cases ......................................................................................30 Higher degree of tolerance of criticism towards politicians ............................32 ii. Specific focus area: Information disorder (“fake news”) ............................ 34 Regulations at national level ..........................................................................35 Multi-dimensional approach ...........................................................................37 Fact-checking and trust-enhancing initiatives ................................................37 Promoting media pluralism and diversity .......................................................40 Awareness-raising and media literacy ...........................................................41 Coordinated responses and continued research ...........................................44 IV. Specific focus area: HATE SPEECH ...................................................................................47 The challenge of defining ‘hate speech’ .........................................................47 Developing comprehensive national strategies .............................................48 3 Enacting legislation in accordance with international and regional obligations ...................................................................................................... 51 Strengthening the prosecution of hate speech offences ................................ 56 Self-regulation by public and private institutions ............................................ 58 Increasing the reporting of hate speech ......................................................... 59 Supporting victims of hate speech ................................................................. 62 Enhancing research and monitoring, including data collection ...................... 62 Education and awareness-raising, including intercultural dialogue ............... 64 Dialogue with media at large including social media platforms, civil society and other relevant actors ............................................................................... 67 Counter-speech .............................................................................................. 69 V. FREEDOM OF EXPRESSION IN RELATION TO SPECIFIC OTHER HUMAN RIGHTS .... 70 A. Freedom of expression and right to private life ...................................................................... 70 B. Freedom of expression and freedom of thought, conscience and religion ............................ 73 Competing interests of freedom of expression and freedom of thought, conscience and religion .................................................................................. 74 Religious symbols in public areas .................................................................. 75 Whistle-blowing .............................................................................................. 76 Blasphemy, religious insult and incitement to religious hatred ...................... 79 C. Freedom of expression and freedom of assembly and association .....................................
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