Speech related to National Security: Terrorism Laws

Legal regulation of terrorist-related speech pits democratic values against each other. Terrorist attacks can of course lead to huge loss of life, and limiting their occurrence is a key priority of governments and social media companies the world over. But fundamental disagreements exist about the definition of terrorism, the type of speech that may cause or contribute to it, and where the line should be drawn when it comes to protecting speech in this area. The report explores terrorism laws that impact speech, as well as the broad array of ‘public order’ offences prohibiting speech that threatens national security. It sets out the international standards governing the permissibility of restricting speech on the basis of terrorism or public order. And it offers recommendations – to both governments and social media companies – as to how such laws should be drafted, interpreted and applied to comply with international law.

Speech Related to National Security: Terrorism Laws 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 Ms Alice Gardoll, who is also the Assistant Editor of the text. The full text can be purchased in hard copy or as an e-book 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.