Limits to freedom of expression : Lessons from counter-terrorism
Scheinin, Martin LU
(2015)
p.428-442
- Abstract
Introduction The relationship between the right to freedom of expression and the prevention of terrorism is particularly fraught. On the one hand, in climates and contexts where there is a heightened risk of terrorist activities being perpetrated, States' authorities often argue that it is necessary to restrict freedom of expression. The reasons presented vary from the need to criminalize incitement to violence to the argument that terrorists and the proponents of terrorism must be denied the oxygen of publicity. On the other hand, freedom of expression, especially for the media, offers an important tool for exposing governmental and terrorist propaganda and providing reliable, accurate information about conflicts and their underlying... (More)
Introduction The relationship between the right to freedom of expression and the prevention of terrorism is particularly fraught. On the one hand, in climates and contexts where there is a heightened risk of terrorist activities being perpetrated, States' authorities often argue that it is necessary to restrict freedom of expression. The reasons presented vary from the need to criminalize incitement to violence to the argument that terrorists and the proponents of terrorism must be denied the oxygen of publicity. On the other hand, freedom of expression, especially for the media, offers an important tool for exposing governmental and terrorist propaganda and providing reliable, accurate information about conflicts and their underlying causes. This tension is adverted to in the UN Human Rights Committee's General Comment No. 34 on freedom of opinion and expression. The General Comment stresses the need for counterterrorism measures to be fully compatible with Article 19, paragraph 3, of the International Covenant on Civil and Political Rights (ICCPR), which sets out the conditions for permissible restrictions on the right to freedom of expression. It also calls for relevant offences, such as ‘praising’, ‘glorifying’, or ‘justifying’ terrorism, to be clearly defined by States in order to ensure that they do not lead to unnecessary or disproportionate interference with freedom of expression. This chapter addresses the relationship between freedom of expression and countering terrorism mainly from the perspective of international (United Nations) human rights law, based on the experience of the author first (1997–2004) as a member of the above-mentioned independent expert body, the Human Rights Committee, and subsequently (2005– 11) as the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, reporting as an individual academic expert to the intergovernmental Human Rights Council. For comparative purposes, however, reference is also made to certain European instruments and their application, as well as to the role of the United Nations Security Council in combating terrorism.
(Less)
- author
- Scheinin, Martin
LU
- publishing date
- 2015-01-01
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Public international law, Human rights, Folkrätt, Mänskliga rättigheter
- host publication
- The United Nations and Freedom of Expression and Information : Critical Perspectives - Critical Perspectives
- editor
- McGonagle, Tarlach and Donders, Yvonne
- pages
- 15 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:84953709107
- ISBN
- 9781107083868
- 9781316018552
- DOI
- 10.1017/CBO9781316018552.015
- language
- English
- LU publication?
- no
- id
- 9a6ff7e2-faa9-4b69-9dd1-94a8dea569dd
- date added to LUP
- 2025-05-20 13:20:21
- date last changed
- 2025-05-24 03:34:26
@inbook{9a6ff7e2-faa9-4b69-9dd1-94a8dea569dd,
abstract = {{<p>Introduction The relationship between the right to freedom of expression and the prevention of terrorism is particularly fraught. On the one hand, in climates and contexts where there is a heightened risk of terrorist activities being perpetrated, States' authorities often argue that it is necessary to restrict freedom of expression. The reasons presented vary from the need to criminalize incitement to violence to the argument that terrorists and the proponents of terrorism must be denied the oxygen of publicity. On the other hand, freedom of expression, especially for the media, offers an important tool for exposing governmental and terrorist propaganda and providing reliable, accurate information about conflicts and their underlying causes. This tension is adverted to in the UN Human Rights Committee's General Comment No. 34 on freedom of opinion and expression. The General Comment stresses the need for counterterrorism measures to be fully compatible with Article 19, paragraph 3, of the International Covenant on Civil and Political Rights (ICCPR), which sets out the conditions for permissible restrictions on the right to freedom of expression. It also calls for relevant offences, such as ‘praising’, ‘glorifying’, or ‘justifying’ terrorism, to be clearly defined by States in order to ensure that they do not lead to unnecessary or disproportionate interference with freedom of expression. This chapter addresses the relationship between freedom of expression and countering terrorism mainly from the perspective of international (United Nations) human rights law, based on the experience of the author first (1997–2004) as a member of the above-mentioned independent expert body, the Human Rights Committee, and subsequently (2005– 11) as the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, reporting as an individual academic expert to the intergovernmental Human Rights Council. For comparative purposes, however, reference is also made to certain European instruments and their application, as well as to the role of the United Nations Security Council in combating terrorism.</p>}},
author = {{Scheinin, Martin}},
booktitle = {{The United Nations and Freedom of Expression and Information : Critical Perspectives}},
editor = {{McGonagle, Tarlach and Donders, Yvonne}},
isbn = {{9781107083868}},
keywords = {{Public international law; Human rights; Folkrätt; Mänskliga rättigheter}},
language = {{eng}},
month = {{01}},
pages = {{428--442}},
publisher = {{Cambridge University Press}},
title = {{Limits to freedom of expression : Lessons from counter-terrorism}},
url = {{http://dx.doi.org/10.1017/CBO9781316018552.015}},
doi = {{10.1017/CBO9781316018552.015}},
year = {{2015}},
}