Insulting Speech in International Law

Although defamation laws may serve the legitimate function of protecting a person’s reputation, in practice these laws can present a threat to freedom of the press and to anyone seeking to express their political views. Today, more than 160 countries have criminal defamation laws on their books, and many of these – instead of providing extra protection for political speech – include aggravated punishment for speech that criticises public officials, heads of state, state bodies and the State itself. This report assesses the current state of the law related to insulting speech and proposes recommendations based on international standards and best practices to address gaps or inconsistencies in international human rights law related to political speech.

Insulting Speech is an extracted chapter of Freedom of Speech in International Law, edited by Lord David Neuberger of Abbotsbury and Ms Amal Clooney and published by Oxford University Press in January 2024. It is authored by Professor Philippa Webb, Professor Dario Milo – member of the High Level Panel of Legal Experts on Media Freedom - and Professor Rosana Garciandia. Ms Alice Gardoll is the Assistant Editor of the text. The full text can be purchased in hard copy here.

Freedom of Speech in International Law outlines the minimum protections for speech enshrined in international law, focusing on four types of laws that are being weaponised to silence the press and independent voices: laws regulating defamatory or insulting speech, laws regulating false speech, laws regulating hate speech and laws regulating national security. The book provides examples of where states are falling short and makes recommendations about how international standards should be interpreted, updated and enforced.