minorities in the context of the coronavirus disease (COVID-19) pandemic, as pointed out by
the Special Rapporteur on minority issues in a press release in March 2020. A United Nations
guidance note on addressing and countering COVID-19-related hate speech, issued on 11 May
2020, included recommendations that social media and tech companies should ensure that
their hate speech policies involved an evaluation of the social and political context, the status
and intent of the speaker, the content and extent of dissemination and the likelihood of harm
to users and the public, reflecting the six-part threshold test contained in the Rabat Plan of
Action.
Participants were called to discuss the role played by intergovernmental organizations,
States, Internet companies and social media platforms; the responsibilities of those actors in
addressing online hate speech and ensuring that their business operations are in full conformity
with international human rights norms and standards, including the Guiding Principles on
Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy”
Framework; and the examples of effective solutions put in place by Internet companies and
social media platforms.
Presentations on the topic under discussion were made by the following panellists: Mr.
Sajjad Hassan, Convenor, The South Asia Collective; Gerald Tapuka, Senior Correspondent and
Deputy Director for Africa at The Organisation for World Peace; and Ms. Sejal Parmar, Lecture
at School of Law at the University of Sheffield, United Kingdom.
Mr. Sajjad Hassan, Convenor, from The South Asia Collective started his intervention
by highlighting recent examples of the offline effects of online hate speech, across the South
Asian region. He noted that the widespread incidence and impact of online hate speech against
minorities in South Asia exists within a broader political and social context, where hate-speech
and discrimination against minorities are encouraged, and impunity is built into the justicesystems.
Mr. Hassan stressed that except for Bhutan, none of the South Asian countries has clear
hate speech legislations in place aligned to international standards. Indeed, in some cases, state
actions tend in fact to drive hate speech; and there are examples of Government officials often
initiating hate speech, sparking further online and offline hate, which reinforces impunity.
Mr. Hassan recommended that States develop national legislation and institutional
mechanisms – in line with international law - to counter hate speech and incitement; and act
against perpetrators regardless of their status, to challenge impunity. They must also create
intermediary liabilities, as well as provide independent judicial mechanisms for victims to seek
justice and remedy. In addition, they should also favour countering hate speech through nonpunitive measures, including public education, promotion of tolerance, publicly countering
hateful or incendiary misinformation, and strengthening security to protect any threatened
population.
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