4 4.2 Chapter 4.2 Hate Speech In this Chapter: A. Context • Hate Speech and the ICT Sector • Hate Speech in Myanmar • Hate Speech Under International Human Rights Law − Defining ‘Hate Speech’ − Permitted Restrictions on expression in International Human Rights Law • National Legal Framework B. Field Research Findings C. Hate Speech Recommendations for ICT Companies • Operators/Telcos/Internet Service Providers (ISPs) • ‘Over the Top’ Services D. Relevant International Standards and Guidance on Hate Speech A. Context Short Explanation of Hate Speech and the ICT Sector The question of how to address certain forms of speech considered harmful has been the source of long-running global discussions. In particular, the rapid development of ICT platforms, such as the Internet and social media, has enabled wider and instantaneous dissemination of a wide range of content. It is inevitable that some of this content may be national/xenophobic, involve religious and racist hatred that incites discrimination, hostility and violence or even propaganda for war. While international human rights law and many national constitutions around the world provide for a presumption of freedom of expression, there are some legitimate, permitted restrictions of freedom of expression under international human rights law and standards (See Chapter 4.1 on Freedom of Expression). Some countries prioritise freedom of speech over most countervailing interests, even when the speech is filled with hatred. Under international human rights law and in many countries, hate-filled speech forfeits some or all of its free-speech protection in favour of protection for the dignity or equality of those who are attacked. Hate speech is not protected by international human rights law; it is prohibited and frequently punishable under national criminal law. Hate Speech in Myanmar In Myanmar, freedom of expression is a sensitive and complex issue. Long-running intercommunal tensions appear to be amplified by new-found expression on the Internet, which is finding a growing audience online. This issue has become particularly evident in 140 PAGE CHAPTER 4.2: HATE SPEECH