Model Training Materials: Hate Speech, Defamation and National Security o Other sanctions, such as administrative fines or civil remedies, may be appropriate depending on the context and provided all requirements of the three-part test are met. For example, broadcasting or licensing rules may regulate a broader range of racist content than the hate speech covered by Article 20(2) of the ICCPR. Such rules should be applied by independent regulatory bodies in accordance with international human rights standards on broadcast regulation, briefly discussed in CLD’s model training materials on freedom of expression generally.8 o States should explore a range of non-punitive measures to combat this kind of hate speech. Examples may include educational efforts, initiatives empowering minorities to exercise their freedom of expression, the creation of equality bodies, promoting pluralism and diversity in the media, training officials on effective strategies for combatting this speech, and creating mechanisms and platforms for conflict resolution.9 States may have positive obligations to engage in these kinds of activities. The Convention on the Elimination of All Forms of Racial Discrimination, for example, explicitly requires States to undertake “immediate and effective measures, particularly in the fields of teaching, education, culture and information” to combat prejudices leading to racial discrimination.10 Criminal Prohibitions on Hate Speech Because criminal hate speech laws impose the most punitive sanctions and therefore present a particularly harsh restriction on freedom of expression, international standards provide detailed guidance on what requirements must be met to ensure that criminal hate speech laws do not violate the Article 19(3) three-part test. For example, laws prohibiting hate speech should align with the elements included in Article 20(2). International bodies have interpreted these standards to mean the following: • • Hatred should be understood as “intense and irrational emotions of opprobrium, enmity and detestation towards the target group”. Advocacy includes an intent to promote hatred publicly towards the target group. See https://www.law-democracy.org/live/wp-content/uploads/2022/12/Training-Materials-1.FOE_.format1.pdf. 9 Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, 11 January 2013, paras. 35-41, undocs.org/A/HRC/22/17/Add.4; and Human Rights Council, Resolution 16/18, 24 March 2011, para. 5, A/HRC/RES/16/18. 10 Note 4, Article 7. 8 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 4