Journal of Free Speech Law: A Cure Worse than the Disease: Why the EU’s Proposal to Criminalize Hate Speech Violates Freedom of Expression—and Won’t Reduce Intolerance or Extremism

Posted on by Natalie Alkiviadou and Jacob Mchangama in Global Free Speech, Hate Speech, Journal, Publications

By Natalie Alkiviadou and Jacob Mchangama Introduction In Germany, an artist and activist was arrested multiple times, once for wearing a Palestinian flag and again for holding a sign that read “from the river to the sea, we demand equality.” [1] In France, a mayor was held criminally liable, not for what he said, but […]

SSRN: AI Usage Policies Should Be Aligned with International Human Rights Law

Posted on by Jordi Calvet-Bademunt in AI, Digital Regulation, disinformation, Journal, Online Content Moderation, Publications

By Jordi Calvet-Bademunt Abstract Concerns about misinformation and disinformation are central to debates on the governance of generative AI services, yet guidance on when and how providers should restrict mis/disinformation while respecting freedom of expression remains underdeveloped. AI usage policies are a primary mechanism of user guidance and, in practice, operate as a form of […]

CELE: Moderating Hate or Moderating Rights? The Paradox of the European Approach to Online Hate Speech and Platform Liability

Posted on by Natalie Alkiviadou in AI, Digital Regulation, disinformation, Global Free Speech, Hate Speech, Journal, Publications

Abstract This paper critically assesses the European approach to regulating online hate speech through platform liability frameworks, focusing on Germany’s Network Enforcement Act (NetzDG) and the European Union’s Digital Services Act. It argues that these laws, while aiming to curb online harm, risk infringing on the right to freedom of expression and non-discrimination by delegating […]

Book Chapter: The Future of Free Speech: Old Threats and New Challenges

Posted on by Joan Barata and Natalie Alkiviadou in Books, Global Free Speech, Hate Speech, Journal, Publications

By Joan Barata  From Eric Heinze, Natalie Alkiviadou, Tom Herrenberg, Sejal Parmar and Ioanna Tourkochoriti (eds) The Oxford Handbook of Hate Speech, Oxford: Oxford University Press, 2024-25 Abstract The contemporary challenges to freedom of expression are multifaceted and complex, with traditional regulatory frameworks being stretched by new dynamics in the digital realm. This paper explores […]

Information & Communications Technology Law: Platform Liability, Hate Speech and The Fundamental Right to Free Speech

Posted on by Natalie Alkiviadou in Digital Regulation, Hate Speech, Journal, Online Content Moderation, Publications

ABSTRACT In contemporary society, the rise of social media has dramatically transformed the sharing of information, bypassing traditional editorial and governmental controls. This shift has enabled rapid global information sharing but also raised concerns about the influence of social media platforms, even in democratic societies. Legislative responses, such as Germany’s Network Enforcement Act of 2017, […]

International Journal for the Semiotics of Law: Article 17 Free Speech and the Guillotine — The Countdown to Lenis v Greece

Posted on by Natalie Alkiviadou in Global Free Speech, Hate Speech, Journal, Publications

By Natalie Alkiviadou Abstract This article explores the evolution of Article 17 of the European Convention on Human Rights from its inception as a safeguard against totalitarian regimes to its contemporary application in the suppression of hate speech. The formulation of key issues around the paper’s discussion is prompted by the 2023 case of Lenis […]

Article: Speech that Isn’t Mine: Obligations Under the European Court of Human Rights

Posted on by Natalie Alkiviadou in Global Free Speech, Hate Speech, Journal, Publications

Access article By Natalie Alkiviadou Accepted: 13 October 2023 Abstract In 2023, the Grand Chamber of the European Court of Human Rights issued its ruling in the case of Sanchez v France. The case revolved around the conviction of the applicant, a politician, for inciting hatred or violence against people due to their religious affiliation. […]

Article: Freedom of Expression and Social Conflict

Posted on by Jacob Mchangama in Hate Speech, Journal, Publications

Authors Christian Bjørnskov, Jacob Mchangama The association between freedom of expression – freedom of speech and the freedom of the media – and social conflict is theoretically ambiguous and politically highly contested. On one side of the debate, people argue that freedom of speech and freedom of the media create social conflict by giving people and […]

Case law on Hate Speech: The Enduring Question of Thresholds

Posted on by Natalie Alkiviadou in Hate Speech, Journal, Publications, Reports

This report sets out the trends and practices across regional and international institutions in relation to their approach towards and handling of hate speech. To do so, it relies on the database of the Global Freedom of Expression initiative at Columbia University and the database of the Future of Free Speech Project (Justitia). It aims […]

Case Law Collection: Internet shutdowns in international law

Posted on by Joan Barata in Digital Regulation, Global Free Speech, Journal, Publications, Reports

By Joan Barata and Andrei Richter This paper contributes to the discussions surrounding the internet and the challenges of its regulation. It is divided into two parts. Part one documents the international standards that have emerged pertaining to internet shutdowns, and part two explores the relevant case law at the national and international levels. The […]