the aim and meet the standards prescribed for hate speech in international documents including
the ICCPR. In determining whether a particular instance of speech qualifies as hate speech, intent
to cause harm must be clear; the content delivered must be harsh and likely to cause harm; there
must be clear indication of how specific harm has been caused and is likely to incite further harm;
there must also be imminence and the context of it all must justify action or restriction. It must
also be noted that placing restrictions on freedom of expression and opinion based on notions of
protecting nationalism, religious sentiments and cultural ideologies do not qualify as legitimate
restrictions under international law.
The EU Guidelines on the promotion and protection of freedom of religion or belief, which
provides valuable insight on the subject, explains that “freedom of religion or belief and
the freedom of expression are interdependent, interrelated and mutually reinforcing rights,
protecting all persons – not religions or beliefs in themselves – and protecting also the right to
express opinions on any or all religions and beliefs. Censorship and restrictions on the publication
and distribution of literature or of websites related to religion or belief are common violations
of both of these freedoms, and impair the ability of individuals and communities to practice
their religion or belief. Limitations to the right to express opinions on religion or belief are a
source of great vulnerability for people belonging to religious or belief minorities - but also affect
majorities, not least persons holding non-traditional religious views. Taken together, freedom of
religion or belief and freedom of expression play an important role in the fight against all forms
of intolerance and discrimination based on religion or belief.”5This is applicable to all peoples,
individuals, groups and communities exercising the right to freedom of expression in online and
offline spaces.
The rights to freedoms of expression and religion are independent and interrelated and mutually
reinforcing rights. Their coexistence and perceived conflict does not imply that these rights
should be seen in a restrictive manner, or as being opposed to each other. They lend support to
the fundamental notion and principle of the universality and inter-dependence of human rights
for all. The right to freedom of religion or belief needs other human rights to be fully exercised,
including the right to freedom of assembly, association or the right to freedom of expression.
Freedom of expression is a core and enabling right which empowers other rights and their
enforcement and as such is to be seen as an essential part of freedom of religion.
BLASPHEMY AND DEFAMATION OF RELIGION
Across the Asian region, growing discourse on defamation of religion and blasphemy laws
to combat dissent and criticism of religions or beliefs is proving to be a serious threat to the
fundamental exercise of FoE. Laws to punish blasphemy or hurt to religious sentiments has a
5
EU Guidelines on the promotion and protection of freedom of religion or belief, 2014 available at
http://www.eidhr.eu/library
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