A/HRC/FMI/2020/1
of expression when addressing hate speech. Freedom of expression is only subject to a very
small number of strict permissible restrictions under international law.
Participants will discuss the relevant international human rights obligations, in particular the
importance of ensuring the complementarity between articles 19 (freedom of expression) and
20 (prohibition of advocacy of national, racial or religious hatred) of the International
Covenant on Civil and Political Rights and articles 4 (prohibition of incitement to racial
discrimination and hatred) and 5 (the right of everyone to enjoy, inter alia, the freedom of
opinion and expression) of the International Convention on the Elimination of All Forms of
Racial Discrimination.
They will discuss how legislative, human rights and institutional frameworks can address
impunity and ensure accountability for hate crimes against minorities that are triggered by
online hate speech. Participants will offer possible effective solutions, inter alia, within the
context of implementation of Sustainable Development Goal 16, which is aimed at promoting
peaceful and inclusive societies for sustainable development; providing access to justice for
all; and building effective, accountable and inclusive institutions at all levels.
In order to further clarify the international norms, participants will consider:
(a)
Human Rights Committee general comment No. 34 (2011) on the freedoms of
opinion and expression (CCPR/C/GC/34);
(b)
Human Rights Committee general recommendation No. 35 (2013) on
combating racist hate speech (CERD/C/GC/35);
(c)
Rabat Plan of Action on the prohibition of advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence
(A/HRC/22/17/Add.4, appendix);
(d)
Beirut Declaration on Faith for Rights and its 18 commitments (A/HRC/40/58,
annexes I and II).
4.
Regulation of online hate speech: the role and responsibility of intergovernmental
organizations, States, Internet companies and social media platforms
Some progress has been made by States and by Internet companies and social media
platforms in addressing hate speech on social media, although more is needed in light of the
scale and specific targeting, and therefore vulnerability, of minorities. Addressing hate
speech implies keeping the scourge of hate speech from escalating into something more
dangerous, particularly incitement to discrimination, hostility and violence against
minorities.
Participants will convey examples of best practices by States to address online hate speech
against minorities through both prevention and redress strategies, and to balance it with their
obligation to protect the right to freedom of opinion and expression.
The role of States, Internet companies and social media platforms is also important in the
current circumstances of hate speech on social media against 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 will discuss the role played by intergovernmental organizations, States, Internet
companies and social media platforms, and will also discuss 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. Participants will also bring examples of effective
solutions put in place by Internet companies and social media platforms.
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