This broad mantle of freedom of expression, however, is not absolute. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have further refined this freedom through their jurisprudence of recent decades.ģ. Article 13 protects this freedom by banning prior censorship and indirect restrictions and by allowing for subsequent imposition of liability in only a small, finite set of exceptions, such as those designed to protect national security, public order and the rights and reputations of others. In the Americas, the American Convention on Human Rights provides for a broad measure of freedom of expression under Article 13 by guaranteeing the right to “seek, receive and impart information and ideas of all kinds” through any medium. These efforts, however, naturally collide with the right to freedom of expression guaranteed by numerous treaties, national constitutions and domestic laws.Ģ. In the wake of the German Holocaust, and with the rise of the Internet and other modern media helping to facilitate the dissemination of hate speech, many governments and inter-governmental bodies have attempted to limit the harmful effects of this type of expression. From Nazi Germany to the Ku Klux Klan in the United States to Bosnia in the 1990s to the 1994 genocide in Rwanda, hate speech has been deployed to harass, persecute and justify the deprivation of human rights, and at its most extreme, to rationalize murder. Hate speech, or speech designed to intimidate, oppress or incite hatred or violence against a person or group based on their race, religion, nationality, gender, sexual orientation, disability or other group characteristic, knows no boundaries of time or place. Introduction: Purpose and context of the report ġ.
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