Freedom of Speech in International Law

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Ms Amal Clooney (Barrister, Barrister, Doughty Street Chambers) Lord David Neuberger (Judge and Barrister, Judge and Barrister, One Essex Court)

Freedom of Speech in International Law

Ms Amal Clooney (Barrister, Barrister, Doughty Street Chambers), Lord David Neuberger (Judge and Barrister, Judge and Barrister, One Essex Court)

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English

Oxford University Press
28 March 2024

Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced.

Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards.

These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.

Volume editor: Ms Amal Clooney (Barrister Barrister Doughty Street Chambers), Lord David Neuberger (Judge and Barrister, Judge and Barrister, One Essex Court)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 253mm, Width: 178mm, Spine: 34mm
Weight: 984g
ISBN: 9780198899372
ISBN 10: 0198899378
Pages: 480
Publication Date: 28 March 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Ch 1: Introduction I. Introduction II. International Standards on Freedom of Speech and of the Press 1: Treaties 2: Customary International Law 3: Jurisprudence III. Conclusion Ch 2: Insulting Speech Introduction I. State practice 1: Overview of laws regulating insulting speech 2: Application of national laws II. International legal standards 1: Legality 2: Legitimacy 3: Necessity 4: Exclusions, exceptions and defences 5: Right to a fair trial 6: Penalties III. Recommendations Ch 3: Hate Speech Introduction I. State practice 1: Overview of hate speech laws 2: Application of hate speech laws around the world II. International legal standards 1: Mandatory restrictions on hate speech 2: Discretionary restrictions on hate speech III. Key Divergences in International and Regional Guidance IV. Approach of private companies to online hate speech V. Recommendations Ch 4: False Speech Introduction I State practice 1: Overview of laws regulating false speech around the world 2: Application of false speech laws around the world II. International legal standards 1: Legality 2: Legitimacy 3: Necessity 4: Exemptions, exclusions, defences 5: Penalties III. Recommendations Ch 5: Speech related to National Security: Espionage and Official Secrets Laws Introduction I. State practice 1: Overview of laws regulating disclosure of 'secret' material 2: Application of espionage and official secrets laws around the world II. International legal standards 1: Legality 2: Legitimacy 3: Necessity 4: Exclusions, exceptions and defences III. Recommendations Ch 6: Speech related to National Security: Terrorism and Public Order Laws Introduction I. State practice 1: Terrorism laws and associated offences 2: Application of terrorism laws around the world II. International legal standards 1: Legality 2: Legitimacy 3: Necessity 4: Exclusions, exceptions and defences 4: Penalties 5: Approach of private companies to online incitement to terrorism III. Recommendations

Amal Clooney is a leading human rights lawyer who has spent the past two decades defending victims of injustice around the world. She has secured victories in landmark human rights cases and won numerous awards for her work in freeing detained journalists around the globe. Ms Clooney is an Adjunct Professor at Columbia Law School and co-author of The Right to a Fair Trial in International Law (OUP: 2020), which won the top publishing award at the American Society of International Law 2022 book awards. In 2016 she and her husband George Clooney co-founded the Clooney Foundation for Justice, which has a mission to 'wage justice' for human rights abuses around the world and now operates in over 40 countries. Lord David Neuberger served two decades as a barrister before being appointed as a Judge in 1996 where he then became President of the UK Supreme Court from 2012 to 2017. He has decided cases involving some of the most significant human rights and constitutional law issues and has written and spoken extensively on free speech and privacy issues. He has sat as a Non-Permanent Judge of the Hong Kong Court of Final Appeal, and a Judge in Singapore. He is President of the British Institute of International and Comparative Law, and the Chair of the High-Level Panel of Legal Experts on Media Freedom, an independent advisory body composed of leading experts in international law established at the request of the international Media Freedom Coalition.

Reviews for Freedom of Speech in International Law

In their highly original critical approach, the distinguished authors distil recommendations on how laws on ... speech should be interpreted, applied, and reformed ... This work is a unique and invaluable resource produced by two editors whose scholarship and distinction command the utmost respect. * Judge Michael Tugendhat, former High Court judge in England and Wales * This is the definitive book for everyone working on and interested in the right to freedom of speech. It clearly translates the standards of international law into a guide for action and handles sensitive subjects in a fair and nuanced way. I whole heartedly agree with its recommendations. * Judge Francoise Tulkens, former Vice-President of the European Court of Human Rights * This book provides an authorative account of international law protections which can bolster domestic defences. It sets out clearly and correctly the minimum standards that should govern political discourse and will enable improper attacks on free speech to be more easily recognised and condemned. It will serve as a vital guide for journalists, editors and media lawyers engaged in the struggle for world- wide distribution of important truths. * Geoffrey Robertson AO KC, former United Nations judge * Amal Clooney and Lord Neuberger have produced a wide ranging work of great intellectual merit that covers a host of contemporary issues and provides insightful answers to many questions. It will be an invaluable guide for practitioners and academics alike, and an essential and welcome reference work for journalists, war correspondents and editors alike. * Judge Sir Howard Morrison KCMG CBE QC, former UK Judge at the International Criminal Court * I am truly impressed by the exceptionally high quality of this book. It will be the go-to reference book on the subject that will play a pivotal role in stimulating policy discussions and will contribute significantly to the defence of media freedom and journalism around the world. * Pedro Vaca Villarreal, Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights * A tour de force. Erudite, exceptionally clear and well structured, by authors with real gravitas and experience in the field. The book's focus on the four key areas where press freedom is threatened could not be more timely. It uniquely pulls together media and international law; for the first time, international standards for freedom of speech are collated in one text. * Alex Bailin KC, barrister and human rights expert *