(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).
Presentations on the topic under discussion were made by the following panellists: Dr.
Tarlach McGonagle, Professor of law at the Universities of Leiden and Amsterdam; Dr. Sangyun
Kim, Professor of law at the Graduate School of Ryukoku University, Kyoto, Japan; and Ms.
Agustina Del Campo, Director, Center for Studies on Freedom of Expression and Access to
Information (CELE), Universidad de Palermo, Buenos Aires
Dr. Tarlach McGonagle, Professor of law at the Universities of Leiden and Amsterdam
stated that the topic of the Forum addressed one of the most pressing and problematic free
speech issues of our generation. He indicated that the manifold harms of hate speech targeting
minorities via social media are well-documented and that countering those harms starts with
understanding the nature and extent of the problem; and also the rules that shape the right to
freedom of expression and its limits.
Dr. McGonagle indicated that there is no authoritative legally binding definition of hate
speech at the international level, nor a single regulatory instrument dealing with hate speech.
He emphasised that the challenge is to examine and navigate different regulatory instruments
at the international level and bring them together so that the nature and extent of state
obligations becomes apparent.
Dr. McGonagle indicated the International human rights law recognizes a limited
number of types of expression that States must prohibit and made a reference to article 20 of
the ICCPR, article 3 of the Convention on the Prevention and Punishment of the Crime of
Genocide and article 4 of the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD). He stressed importance of avoiding the use of broad, vague or catch-all
terms as a basis for restricting freedom of expression; since reliance on such runs the risk of
overbroad or arbitrary interpretation and implementation of relevant regulation, which in turn
has a chilling effect on freedom of expression and leads to self-censorship.
Dr. McGonagle provided an overview of the relevant UN standards treating with
freedom of expression. The Universal Declaration is the foundation and the details are framed
in articles fleshed out in articles 19, 20 and 27 of the ICCPR. There are not only Treaty standards
but also political standards and important actors and mechanisms that bring these standards to
life. He provided a detailed explanation on articles 19 and 20 of the ICCPR and its General
Comment 34. He also referred in detail to article 27 of the ICCPR.
Dr. McGonagle focused on the Rabat Plan of Action, which aims to clarify the
importance and impact of articles 19 and 20. He referred to the need to make a clear
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