Friday 25 April 2014

My New Article in ICLQ on ECHR, Violence and Free Speech

I am very happy to announce that my article entitled 'Dangerous Expressions: The ECHR, Violence and Free Speech' has just been published in the International and Comparative Law Quarterly (vol. 63, April 2014, pp. 491-503). The article is part of a larger research project which I have just finalised on the linkages between freedom of expression, the media, and violent conflict escalation. It investigates when speech becomes dangerous and is related to violent conflict escalation. The ICLQ article looks at the ECHR-related aspects of that issue. This is the abstract:

How should one balance the freedom of expression and the prevention of violence? This article delves into the grey zone between hate speech and incitement to violence by assessing the jurisprudence of the European Court of Human Rights in cases of allegedly dangerous speech. Rather than labelling this case law as simplistic, as some critics even within the Court have done, it is shown that the jurisprudence reveals cleavages within the Court on whether to adopt a more or less consequentialist approach on the links between speech and violence. Freedom of expression cases should preferably be assessed on the merits under Article 10 ECHR since this allows for a balancing of the various interests involved. The application of the abuse of rights clause of Article 17 ECHR is for that very reason undesirable, in addition to its inconsistent use by the Court.

Enjoy reading!