Freedom of Expression

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Can a Peaceful Protest Ever be Banned Because Others Threaten It with Violence?

What do you think, dear readers, that the answer to the question above should be under international human rights law? Any comments would be very much appreciated. To start us off, let me write out a hypo; imagine we are in happier times before (or after) Covid: Krakatowia is a country in which LGBT rights are still a matter of huge public controversy. A local NGO devoted to the protection of LGBT rights announces publicly that a week from now it plans to organize the first Pride parade on the streets of the Krakatowian capital. Sigmund is a retired member of the Krakatowian special forces. He has a long history of virulently homophobic posts on social media and online forums. Upon seeing the news about the planned Pride parade, Sigmund posts on various digital platforms that he will use a sniper rifle – which he has an extreme level of proficiency in – to kill people joining the parade. He then goes into hiding. The Krakatowian police attempt to…

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An Update on the Sadurski Saga

Readers might be interested in recent developments with regard to the legal proceedings brought against Prof Wojciech Sadurski in Poland, which form part of a transparent campaign at silencing dissenting voices in academia and elsewhere in Polish society, and on which Gráinne de Búrca…

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Cyber Attacks and Cyber (Mis)information Operations during a Pandemic

Hot on the heels on the Oxford Statement on international law rules and principles relating to malicious cyber operations targeting healthcare facilities, just a quick teaser that the next episode of EJIL: The Podcast! will be dealing precisely…

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Viral Misinformation and the Freedom of Expression: Part III

Editors' note: this post is part of a series - see here for Part I and Part II. In my third, and final post in this series I will provide a provisional evaluation of the responses to Covid-19-related misinformation by states and online media companies and how these should be assessed within…

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Viral Misinformation and the Freedom of Expression: Part II

Editors' note: this post is part of a series - see here for Part I and Part III. We have seen in Part I how any restrictions on the freedom of expression to curb the spread of viral misinformation must be used only in compelling circumstances, when the misinformation directly caused significant social harms,…

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