Mr. Hassan also called internet companies to conduct thorough, honest and public
human rights audit of the impact of their products and practices on minorities, in the context of
hate speech; and hold a transparent dialogue with civil society, including those representing
minority groups, on how they are addressing issues highlighted in the audit.
Finally, Mr. Hassan stressed that the United Nations and other intergovernmental
organisations should continue to ensure that hate speech remains on the global agenda; and
that they use existing soft law principles and standards to ensure stakeholders continue to
engage and respond; whilst civil society, NGOs and minority youth continue to have a seat at
the table, to be able to raise hate speech concerns with states and Internet companies, and
obtain meaningful responses.
Dr. Sejal Parmar, Lecturer at the School of Law of the University of Sheffield, United
Kingdom stated that internet companies and in particular social media platforms have a sheer
and swelling power over our human rights and democracies, as well as over the possibility to
influence people. As examples, she mentioned that there are 3.8 billion -just under half the
world’s population-, on social media platforms and that Facebook has more monthly active
users than there are adherents of the world’s largest religion.
Dr. Parmar noted that the efforts deployed by companies to address hate speech -and
other ills-, such as apologies and PR efforts; the banning of certain accounts; explicit
commitments to human rights in content policies; updates to their hate speech of policies; the
release of transparency reports on hate speech removals have been deemed insufficient by
many human rights advocates and observers. For them, companies are not only failing to
respond effectively, they are actively and knowingly facilitating hate speech, and hence
continuing to enable real world discrimination and violence. So what should companies be
doing to address online hate speech, particularly against minorities, under international human
rights law?
Dr. Parmar made specific reference to the 2019 report to the General Assembly of the
former UN Special Rapporteur on freedom of opinion and expression, David Kaye. The report
rightly cautions against online censorship of legitimate expression that can result from
overbroad definitions of hate speech. Freedom of expression is essential for the realisation of
minority rights, for the expression of minority claims, but it should be the online hateful
expression what should restricted, especially when it reaches the threshold of advocacy of
hatred that constitutes incitement to discrimination, hostility or violence. The report’s
recommendations are grounded upon companies’ duties to respect human rights under the UN
Guiding Principles on Business and Human Rights, and the substantive standards of Articles 19
and 20 of the ICCPR, as well as the Rabat Plan of Action. These recommendations present a
starting point and should themselves be built upon by other UN human rights bodies, including
this Forum and the Special Rapporteur on Minority Issues in his future reports.
Dr. Parmar called companies to take several steps, including: expressly align their
content moderation policies concerning hate speech and any oversight mechanisms with
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