Blurred Lines: When Free Speech Becomes Hate Speech
On the 27th of August 2019, the South African Constitutional Court (Court) heard its first substantive hate speech case in relation to statements made by Bongani Masuku, as Head of...
Right to Freedom of Speech and Expression
Human Rights and Internet Shut-Downs in Jammu & Kashmir
The developments in Valleys of Jammu and Kashmir (hereinafter J&K or valley) has witnessed innumerable counts of pre-emptive internet shut downs. Amidst the recent political disruption, this is the 54th...
Should government employees be able to criticise the government?
In Australia, the Australian Public Service (‘APS’) is statutorily required to be ‘apolitical, performing its functions in an impartial and professional manner’ (s 10(1) of the Public Service Act 1999...
The Eroding Foundations of Freedom of Information in India
The right to information is often understood as essential for the effective exercise of the right to expression, including within the latter’s ambit, not just information disseminators, but also information...
Hong Kong’s anti-extradition movement and common law judges’ extrajudicial opinions
During the recent anti-extradition movement in Hong Kong, a High Court judge participated by signing a petition against the controversial bill amendments, which was considered inappropriate by the Chief Justice....
A Tale of Two Prime Ministers? Internet Shutdowns Gagging Free speech in Ethiopia
In the month of June 2019, Ethiopia encountered two major internet shutdown measures following a potential fear of leakage of school exams over the internet, and high profile assassinations. This...
Stocker v Stocker: dictionaries, domestic violence, and defamation
The UK Supreme Court has ruled that a woman was not liable in defamation to her ex-husband for writing public messages on Facebook stating that “he tried to strangle me”....
The Broad Regulation of Fake News Could Limit the Right to Freedom of Expression
Multiple actors from totalitarian states to extremist groups have been spreading ‘fake news’ for a very long time. However, social media has accelerated the speed and the reach of fake...
Namibian Supreme Court finds that National Security Concerns do not Automatically Trump Free Speech
The Namibian Supreme Court’s decision in Director-General of the Namibian Central Intelligence Service Another v Haufiku & Others, (Haufiku) sheds some light on the tensions between national security and fundamental...
Brazilian Supreme Court Inquiry into ‘Fake News’ Violates Freedom of Speech
The Brazilian Supreme Court has begun a confidential inquiry, ex officio, to investigate alleged crimes against the honour of the Justices and ‘fake news’ about the Court. This inquiry is...
Under India’s New Intermediary Rules, Fundamental Rights Take Backstage
The Indian Government’s Information Technology Ministry had recently invited comments on proposed amendments to the existing guidelines for intermediaries mainly governing how social networks (and other intermediaries) facilitate the flow...
An Analysis of the Banning of the Hong Kong National Party and the Legitimate Restrictions on Freedom of Expression
On 24th September 2018, Secretary of Security John Lee issued a ban on the Hong Kong National Party (“the National Party”) under the Societies Ordinance on the basis that...
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