Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 33
Paragraph- Paragraph text
- The Special Rapporteur is concerned, however, particularly given the absence of an agreed definition of "terrorism" in international law, that States have a broad margin of discretionary power to interpret what kinds of expression constitute incitement to terrorism. Noting this lacuna, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has proposed a model definition of terrorism, as well as incitement to terrorism, based on best practices. With regard to the latter, he has proposed the following formulation as the model offence of incitement to terrorism: "it is an offence to intentionally and unlawfully distribute or otherwise make available a message to the public with the intent to incite the commission of a terrorist offence, where such conduct, whether or not expressly advocating terrorist offences, causes a danger that one or more such offences may be committed". This formulation encompasses two requirements: (a) an intent to incite the commission of a terrorist offence; and (b) the existence of an actual risk that such an offence will be committed as a consequence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the UNGA (2011), A/66/290, para. 33.
- Paragraph number
- 33
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