Subramaniam Swamy v Union of India: Criminal Defamation and the Countours of Free Speech
The Supreme Court of India recently concluded its hearings in Subramaniam Swamy v Union of India, challenging the constitutional validity of criminal defamation - Sections 499 and 500 of the...
Asia Bibi’s “Unfair Trial”
The week before last, the Pakistani Supreme Court admitted Asia bibi’s appeal against her conviction and death sentence for blasphemy under Section 295-C of the Pakistan Penal Code. Even if...
Addressing ‘Revenge Porn’ in Namibia
In recent years, there have been reports of sexually explicit material involving Namibian citizens and residents circulating on social media platforms. This is usually circulated without consent. The practice has...
Pakistan’s New Cyber Law Puts Civil Liberties and Freedom of Expression in Danger
On April 16, in Pakistan, the National Assembly Standing Committee on Information and Technology approved the Prevention of Electronic Crimes Bill 2015. Procedural safeguards and fundamental principles of law have...
Blasphemy Laws and Human Rights in Pakistan
Notorious blasphemy laws have a significant impact on minority communities in Pakistan. Particularly their right to life, freedom of speech and freedom of religion as enshrined in Pakistan’s constitution and...
A Duty to Prosecute Hate Speech under the European Convention on Human Rights?
Freedom of expression is “one of the essential foundations of any democratic society” (Handyside) and recent events have shown that Europeans remain firmly committed to it. At the same time,...
‘Toilettes’, Not ‘W.C.s’ – Canada’s Language Regime and the Boulangerie Maxie’s Decision
Earlier this year, the Court of Québec in Attorney General of Québec v. Boulangerie Maxie’s, upheld the constitutionality of much-criticized provisions of the province’s French language charter – or Bill...
Free Speech or Hate Speech? License Plates Drive SCOTUS to a Difficult Place
Despite the fact the American Civil War ended some 150 years ago, the symbols of that conflict continue to be deeply controversial in the United States. No symbol is more...
Free Speech Under the Indian Information Technology Act: The Supreme Court’s Recent Judgment
In a landmark judgment on Tuesday, the Indian Supreme Court (PDF of the decision here) struck down Section 66A of the Information Technology Act, which criminalised, inter alia, “grossly offensive”,...
UN Strategy to Combat Religious Intolerance, Discrimination and Violence: Is It Fit for Purpose?
According to a recent report by the Pew Research Center, violence and discrimination against religious groups by governments, as well as social hostilities by a variety of actors, have reached...
Racial Discrimination Act and Free Speech– Carte Blanche or Fair and Reasonable – Where are Human Rights in all This?
Professor George Williams has noted ‘the fact that freedom of speech receives no general protection in Australian law is not of itself and argument for introducing such protection’. Unlike in...
Constitutional Court of South Africa: Blunting the Impact of Electoral Law on Freedom of Expression
The Constitutional Court of South Africa has undertaken a robust defence of freedom of expression at the time of an election following litigation between the governing party and the official...
