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. 34
Paragraph
Paragraph text
The Special Rapporteur reiterates that any domestic criminal laws that prohibit incitement to terrorism must meet the three-part test of restrictions to the right to freedom of expression. This entails that incitement of terrorism: (a) must be limited to the incitement of conduct that is truly terrorist in nature, as properly defined; (b) must restrict the right to freedom of expression no more than is necessary for the protection of national security, public order and safety or public health or morals; (c) must be prescribed in law in precise language, including by avoiding reference to vague terms such as "glorifying" or "promoting" terrorism; (d) must include an actual (objective) risk that the act incited will be committed; (e) should expressly refer to two elements of intent, namely intent to communicate a message and intent that this message incite the commission of a terrorist act; and (f) should preserve the application of legal defences or principles leading to the exclusion of criminal liability by referring to "unlawful" incitement to terrorism.
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. 34.