expression and hate speech has come increasingly under focus.’125 There are a number
of international human rights treaties that attempt to find a fair balance between the
two including the International Covenant on Civil and Political Rights (ICCPR). Article
19 of the ICCPR states that ‘everyone shall have the right to hold opinions without
interference.’ This does not come without restriction however; article 20 adds that
‘any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence shall be prohibited by law.’ 126 It should be noted
that Myanmar is not a signatory of the ICCPR, however, but if they were a signatory,
would it help to prevent incitement of hatred online? Wirathu would undoubtedly be
going against article 20, but so do many online hate groups such as the UK’s Britain
First, whose content could be classed as advocacy of national and religious hatred, yet
they are not considered to be breaking any laws. As Foxman and Wolf observe, the
ICCPR has had little impact on U.S. jurisprudence.127 For this reason, I would highlight
the need for methods of prevention and counter narratives over legal regulation; as a
participant of focus group one said, it is our responsibility to be considerate of other
people, and restricting freedom of speech will not solve the underlying issue here.128
We have seen how difficulties not only arise when trying to permit freedom of speech
and prohibit encouragement of hatred, but the fine line between what is classified as
‘hate speech’ and what can be considered ‘incitement to genocide’ leads to further
complications. Knowing how to counter and control this therefore requires careful
consideration and any action that we take must be done in accordance with
international human rights standards.
Monitoring Social Media
125
United Nations Human Rights: Office for the High Commissioner of Human Rights (2012) ‘Striking
a balance between freedom of expression and the prohibition of incitement to hatred’, available at:
http://www.ohchr.org/EN/NewsEvents/Pages/Strikingabalancebetweenfreedomofexpression.aspx
[October 2015].
126
‘International Covenant on Civil and Political Rights’, United Nations Human Rights, available at:
http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [November 2015].
127
Foxman and Wolf, (2013) p.
128
Participant, Focus Group One, Interview by Davis, B., (2015).
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