Freedom of Speech in International Law

Amal Clooney is a leading human rights lawyer who has spent the past two decades defending victims of injustice around the world. She has secured victories in landmark human rights cases and won numerous awards for her work in freeing detained journalists around the globe. Ms Clooney is an Adjunct Professor at Columbia Law School and co-author of The Right to a Fair Trial in International Law (OUP: 2020), which won the top publishing award at the American Society of International Law 2022 book awards. In 2016 she and her husband George Clooney co-founded the Clooney Foundation for Justice, which has a mission to 'wage justice' for human rights abuses around the world and now operates in over 40 countries. Lord David Neuberger served two decades as a barrister before being appointed as a Judge in 1996 where he then became President of the UK Supreme Court from 2012 to 2017. He has decided cases involving some of the most significant human rights and constitutional law issues and has written and spoken extensively on free speech and privacy issues. He has sat as a Non-Permanent Judge of the Hong Kong Court of Final Appeal, and a Judge in Singapore. He is President of the British Institute of International and Comparative Law, and the Chair of the High-Level Panel of Legal Experts on Media Freedom, an independent advisory body composed of leading experts in international law established at the request of the international Media Freedom Coalition.

Ch 1: Introduction
I. Introduction
II. International Standards on Freedom of Speech and of the Press
1: Treaties
2: Customary International Law
3: Jurisprudence
III. Conclusion

Ch 2: Insulting Speech
Introduction
I. State practice
1: Overview of laws regulating insulting speech
2: Application of national laws
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exclusions, exceptions and defences
5: Right to a fair trial
6: Penalties
III. Recommendations

Ch 3: Hate Speech
Introduction
I. State practice
1: Overview of hate speech laws
2: Application of hate speech laws around the world
II. International legal standards
1: Mandatory restrictions on hate speech
2: Discretionary restrictions on hate speech
III. Key Divergences in International and Regional Guidance
IV. Approach of private companies to online hate speech
V. Recommendations

Ch 4: False Speech
Introduction
I State practice
1: Overview of laws regulating false speech around the world
2: Application of false speech laws around the world
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exemptions, exclusions, defences
5: Penalties
III. Recommendations

Ch 5: Speech related to National Security: Espionage and Official Secrets Laws
Introduction
I. State practice
1: Overview of laws regulating disclosure of 'secret' material
2: Application of espionage and official secrets laws around the world
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exclusions, exceptions and defences
III. Recommendations

Ch 6: Speech related to National Security: Terrorism and Public Order Laws
Introduction
I. State practice
1: Terrorism laws and associated offences
2: Application of terrorism laws around the world
II. International legal standards
1: Legality
2: Legitimacy
3: Necessity
4: Exclusions, exceptions and defences
4: Penalties
5: Approach of private companies to online incitement to terrorism
III. Recommendations