S P E E C H Human Rights And
With Alice Gardoll
You have been working on an interesting project related to Freedom of Speech -- can you tell us about it? I am so fortunate to be the Editorial Assistant for an upcoming book edited by Amal Clooney and Lord David Neuberger on freedom of speech in international law, and to jointly author some of the book’s chapters. We’ve tried to do three things with the book. First, to survey how states currently use the law to respond to different types of speech—hate speech, misinformation, whistleblowing of official secrets, incitement to terrorism and defamation— and to shine a light on precedent setting examples, from Julian Assange to Maria Ressa.
Secondly, to clarify what the right to free speech actually means under international law. This is surprisingly challenging! There are so few resources that have taken a global approach which addresses the spectrum of speech offences rather than just one or two. Finally, where gaps and disagreements exist within the law we have sought to make recommendations for reform. The Co-Editors of the book have brought a wealth of experience, pragmatism and thoughtfulness to what is a huge topic – I hope it becomes a useful tool for lawmakers, journalists and activists around the world.
Speech is a hugely divisive issue that everyone seems to have an opinion on -- how does one determine best-practice judicial approaches to something like this?
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The approach we’ve taken, that I think is a really important one, is to start off with the basics: what are the minimum obligations that each state has? Because many states, democratic ones included, aren’t even meeting those, let alone taking legally controversial steps. Take, for example, the provisions of the U.S. Espionage Act which mean that Edward Snowden cannot even bring an argument before a court that his groundbreaking disclosures were in the public interest. Or the Australian Federal Police raiding the ABC after they reported allegations of war crimes in Afghanistan which an independent inquiry has since found to be credible.
Before we get to the more divisive elements of speech, so much can be done in this space to protect journalists and dissidents that should be entirely uncontroversial and in keeping with existing obligations. I also think it’s important to think of speech as part of the broader spectrum of human rights. I am someone who believes passionately in the importance of restorative justice and addressing mass incarceration in this country and across the world. Whilst free speech can sometimes be pitched as a conservative issue, on the flip side it’s crucial to remember that more punitive measures against speech will disproportionately impact marginalised communities in the same manner as the rest of the justice system.
