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| Författare: | Clooney Amal
, Neuberger David
| | Titel: | Freedom of Speech in International Law | | Utgivningsår: | 2024 | | Omfång: | 480 sid. | | Förlag: | Oxford University Press | | ISBN: | 9780198899372 | | Produkttyp: | Inbunden | | Typ av verk: | Samlingsverk | | Ämnesord: | Internationell rätt
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Pris: 2052 SEK exkl. moms  |  Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced.
Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards.
These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
- Clarifies what the right to freedom of expression means under international law
- Provides key recommendations for how international standards should be applied by both states and social media companies
- Details key cases across every region where journalists and individuals are being prosecuted
- Written and edited by renowned experts in the fields of international law and right to freedom of expression
Table of Contents
Ch 1: Introduction
I. Introduction
II. International Standards on Freedom of Speech and of the Press
1:Treaties
2:Customary International Law
3:Jurisprudence
III. Conclusion
Ch 2: Insulting Speech
Introduction
I. State practice
1:Overview of laws regulating insulting speech
2:Application of national laws
II. International legal standards
1:Legality
2:Legitimacy
3:Necessity
4:Exclusions, exceptions and defences
5:Right to a fair trial
6:Penalties
III. Recommendations
Ch 3: Hate Speech
Introduction
I. State practice
1:Overview of hate speech laws
2:Application of hate speech laws around the world
II. International legal standards
1:Mandatory restrictions on hate speech
2:Discretionary restrictions on hate speech
III. Key Divergences in International and Regional Guidance
IV. Approach of private companies to online hate speech
V. Recommendations
Ch 4: False Speech
Introduction
I State practice
1:Overview of laws regulating false speech around the world
2:Application of false speech laws around the world
II. International legal standards
1:Legality
2:Legitimacy
3:Necessity
4:Exemptions, exclusions, defences
5:Penalties
III. Recommendations
Ch 5: Speech related to National Security: Espionage and Official Secrets Laws
Introduction
I. State practice
1:Overview of laws regulating disclosure of 'secret' material
2:Application of espionage and official secrets laws around the world
II. International legal standards
1:Legality
2:Legitimacy
3:Necessity
4:Exclusions, exceptions and defences
III. Recommendations
Ch 6: Speech related to National Security: Terrorism and Public Order Laws
Introduction
I. State practice
1:Terrorism laws and associated offences
2:Application of terrorism laws around the world
II. International legal standards
1:Legality
2:Legitimacy
3:Necessity
4:Exclusions, exceptions and defences
4:Penalties
5:Approach of private companies to online incitement to terrorism
III. Recommendations
Reviews and Awards
"In their highly original critical approach, the distinguished authors distil recommendations on how laws on ... speech should be interpreted, applied, and reformed ... This work is a unique and invaluable resource produced by two editors whose scholarship and distinction command the utmost respect." - Judge Michael Tugendhat, former High Court judge in England and Wales
"This is the definitive book for everyone working on and interested in the right to freedom of speech. It clearly translates the standards of international law into a guide for action and handles sensitive subjects in a fair and nuanced way. I whole heartedly agree with its recommendations." - Judge Francoise Tulkens, former Vice-President of the European Court of Human Rights
"This book provides an authorative account of international law protections which can bolster domestic defences. It sets out clearly and correctly the minimum standards that should govern political discourse and will enable improper attacks on free speech to be more easily recognised and condemned. It will serve as a vital guide for journalists, editors and media lawyers engaged in the struggle for world- wide distribution of important truths." - Geoffrey Robertson AO KC, former United Nations judge
"Amal Clooney and Lord Neuberger have produced a wide ranging work of great intellectual merit that covers a host of contemporary issues and provides insightful answers to many questions. It will be an invaluable guide for practitioners and academics alike, and an essential and welcome reference work for journalists, war correspondents and editors alike." - Judge Sir Howard Morrison KCMG CBE QC, former UK Judge at the International Criminal Court
"I am truly impressed by the exceptionally high quality of this book. It will be the go-to reference book on the subject that will play a pivotal role in stimulating policy discussions and will contribute significantly to the defence of media freedom and journalism around the world." - Pedro Vaca Villarreal, Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights
"A tour de force. Erudite, exceptionally clear and well structured, by authors with real gravitas and experience in the field. The book's focus on the four key areas where press freedom is threatened could not be more timely. It uniquely pulls together media and international law; for the first time, international standards for freedom of speech are collated in one text." - Alex Bailin KC, barrister and human rights expert
"This is a compelling, clear and authoritative book. It tackles key tension points head on and provides a practical roadmap for states, law makers and tech companies to ensure they uphold international standards when it comes to freedom of speech." - Nadim Houry, Member of the High-Level Panel of Legal Experts on Media Freedom
"Freedom of Speech in International Law... is a lighthouse that needs to be understood, shared and safeguarded." - Patrick Penninckx, Council of Europe
"This book will serve as an invaluable resource for years to come in ensuring that there is ample breathing space for citizens everywhere to engage in what the United States Supreme Court has long held must be protected: debate on public issues [that is] uninhibited, robust, and wide-open." - Theodore J. Boutrous Jr., Gibson Dunn, and First Amendment Expert
"Ms. Amal Clooney and Lord David Neuberger have produced... a critical resource for all those affected by national regulation of freedom of expression - notably journalists, whose work is vital to all free societies... the recommendations are very well-reasoned and demonstrate an admirable sensitivity to the range of approaches that societies around the world may reasonably adopt when adopting tailored restrictions on free expression, while not hesitating to take clear stances when warranted." - Peter Lichtenbaum, Partner, Covington and Burling
"Amal Clooney and Lord Neuberger have in this superb book provided a key weapon in journalists' defence. They detail the key international legal standards, analyse emerging patterns in legal attacks, and make vitally important recommendations for change. This is a must-read book for all who support freedom of expression and freedom of the press." - Caoilfhionn Gallagher KC, barrister
"In this mega election year, the publication of this book is brilliant timing. Have it close to hand and it will give you an excellent comparative view of measures for the protection of freedom of speech across the world." - The Rt Hon Lady Arden, DBE | | |
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