ARTICLE-19-policy-on-prohibition-to-incitement

narrowly defined as “advocacy of hatred
on prohibited grounds that constitutes
incitement to discrimination, hostility or
violence” (in short, “incitement to hatred”
or “incitement”).
The aim of this <strong>policy</strong> paper is twofold.
Firstly, it offers a detailed set of
recommendations on how States should
interpret their obligations under Article
20(2) of the ICCPR. Secondly, with the
aim of moving towards greater consensus
on this issue, it proposes a comprehensive
test to be used for reviewing cases and for
determining whether a particular expression
reaches the threshold of incitement to
hatred. <strong>ARTICLE</strong> <strong>19</strong> seeks to establish
clear boundaries between permissible and
impermissible expression, as well as robust
criteria that can be used. Our objective
in doing so is to help ensure that all
people enjoy the rights to both freedom of
expression and equality.
This <strong>policy</strong> paper builds on the recent
foundation work undertaken by <strong>ARTICLE</strong> <strong>19</strong>
on this subject. This includes:
• The Camden Principles on Equality
and Freedom of Expression (“Camden
Principles”) 3 developed in 2009 in
collaboration with a panel of international
human rights legal scholars and experts;
• The one-day expert meeting organised
at the end of 2010 by <strong>ARTICLE</strong> <strong>19</strong>
and Columbia University to unpack
the elements constitutive to Article
20(2) of the ICCPR and their various
interpretations. This meeting allowed a
preliminary determination of a threshold
test for Article 20(2);
• The five regional analyses of incitement
legislation and implementation
contributed by <strong>ARTICLE</strong> <strong>19</strong> as part of a
series of expert workshops organised by
the Office of the High Commissioner for
Human Rights (“OHCHR”) throughout
2011 and 2012. 4/5 These analyses
included an evolving set of criteria to be
used to assess whether incitement cases
have met the threshold of Article 20(2) of
the ICCPR.
This <strong>policy</strong> paper offers a final version
of this test based on the feedback and
critiques offered by participants to the
OHCHR workshops. It is divided into four
main sections.
• The first section provides an overview
of the international standards that
apply and the problems related to their
interpretation;
• The second section proposes key overriding
principles that should guide <strong>policy</strong> making
and interpretation of incitement;
6
3
The Camden Principles on Freedom of Expression and Equality, London, 2009; available at: http://www.article<strong>19</strong>.org/data/files/
pdfs/standards/the-camden-principles-on-freedom-of-expression-and-equality.pdf
4
See UN Treaty Collection http://treaties.un.org/Pages/ViewDetails.aspxsrc=TREATY&mtdsg_no=IV-4&chapter=4&lang=en.
5
<strong>ARTICLE</strong> <strong>19</strong> participated in all the regional workshops for the European region (Vienna, 9-10 February 2011), for the African
region (Nairobi, 6-7 April 2011), for the Asia Pacific region (Bangkok, 6-7 July 2011), and for the Americas region (Santiago,
12-13 October 2011) and presented the proposal for an “incitement test” under Article 20(2). <strong>ARTICLE</strong> <strong>19</strong>’s contributions to
the regional workshops are available at: http://www.ohchr.org/EN/Issues/FreedomOpinion/Articles<strong>19</strong>-20/Pages/ExpertsPapers.
aspx. For more information on the OHCHR’s initiative, see: http://www.ohchr.org/EN/Issues/FreedomOpinion/Articles<strong>19</strong>-20/Pages/
ExpertsPapers.aspx.