A FRAMEWORK OF FIRST REFERENCE Decoding a human rights approach to content moderation

The report argues that IHRL may constitute a sustainable way forward in promoting the practical exercise of the universal right to freedom of expression and opinion including the right to “seek, receive and impart information and ideas through any media and regardless of frontiers” as guaranteed by the Universal Declaration of Human Rights (UHDR) and to prevent the harms of private censorship of o. [...] 10 The Future of Free Speech | Rebuilding the Bulwark of Liberty A framework of first reference Article 19 protects not only freedom of expression, which focuses on the right of the speaker, but also “the freedom to seek, receive and impart information and ideas of all kinds”, focusing on the rights of the reader/viewer/listener in addition to the rights of the speaker. [...] 20 The Future of Free Speech | Rebuilding the Bulwark of Liberty A framework of first reference The social and political context Status of the speaker Intent to incite the audience against a target group Content and form of the speech Extent of its dissemination and Likelihood of harm, including imminence South African courts provide good examples of how freedom of expression and hate speech limit. [...] All case studies involve an application of the RPA test, which examines the context of the post, the status of the speaker, the speaker’s intent, the content and form of the post, the extent of the speech act and the likelihood of harm. [...] This can be seen by: o The use of the viral photo of the dead child on the beach, which evoked emotions of empathy and anger at systemic disfunction; o The reference to the refugee crisis, which links the post to CONTEXT humanitarian issues; and o The comparison between the killings in France following the publication of the cartoons and the Uyghur Muslims’ situation in China.