A/73/362
interests, by arguing that a [religious or belief] group is engaged in political activities
that endanger public safety and order”. 16
46. Moreover, specific limitations based on national security concerns are
permissible in relation to freedom of expression, subject to their compliance with the
limitations regime stipulated by international human rights law. 17 Such restrictions
have also been used to indirectly restrict freedom of religion or belief, trying to
circumvent the safeguards that exist to protect it. For instance, the criminalization of
vaguely defined types of speech such as “hate speech” 18 risks the arbitrary application
of such laws to issues related to religion or belief. The consequences of arbitrarily
criminalizing some forms of speech with a religious element as “hate speech” can
result in severe consequences, even potentially leading to imprisonment for
non-violent acts. Application of the law in this way, therefore, results in an indirect
discrimination against one’s right to freedom of religion or belief. This includes laws
criminalizing apostasy and blasphemy, which may not only constitute restrictions to
freedom of religion or belief, but also infringe on the right to freedom of expression. 19
Anti-apostasy/anti-blasphemy laws
47. Shorn of direct links to acts of violence, the tendency to characterize certain
manifestations of religion or belief as “extremist” or a “threat to public order” include
the activities of missionaries or others who seek new converts to their faith. Law s on
apostasy or blasphemy, which are often framed as “anti-incitement legislation”, exist
in at least 69 States, and reflect the idea that the expression of certain views within a
society may create “discontent”, subvert “national unity” or undermine public order
and public safety (see A/72/365, para. 27). In some jurisdictions, anti-terrorism
legislation targets newer religious communities and is being used to generate cases of
alleged blasphemy offenses in counter-terrorism courts.
48. The role that the Internet has played in the recruitment or radicalization of
individuals has led many States to adopt a combination of repressive legislative
measures to block, filter and ban specific content or entire websites. Security
considerations are often claimed as the legal basis for the existence and
implementation of such laws and actions. Despite the argument of some States that
the intended goal of such laws is the improvement of “social harmony” as well as
safeguarding security, in actual fact such measures often undermine the safety and
equality of individuals adhering to different faiths (ibid.). In some cases, mechanisms
have been set up to identify and refer content to Internet and social media companies
for removal. 20 In other cases, anti-blasphemy and anti-apostasy laws are used to
prosecute opinions or beliefs expressed in online forums.
__________________
16
17
18
19
20
18-14697
Donna Sullivan, “Advancing the freedom of religion or belief through the United Nations
Declaration on the Elimination of Religious Intolerance and Discrimination ”, American Journal
of International Law, vol. 82, No. 3 (1988).
Article 19, The Johannesburg Principles on National Security, Freedom of Expression and
Access to Information (London, 1996). Available at www.article19.org/data/files/pdfs/standards/
joburgprinciples.pdf.
International law permits the criminalizing of hate speech only where it amounts to incitement to
discrimination, hostility and violence, as stipulated in the International Covenant on Civil and
Political Rights, art. 20, para. 2.
Human Rights Committee, general comment No. 34 (2011) on the freedoms of opinion and
expression, para. 48.
See, for example, European Union Agency for Law Enforcement Cooperation (Europol),
“Internet referral unit to combat terrorist and violent extremist propaganda ”, press release, 1 July
2015.
13/22