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Summary

This chapter considers the role of the media in promoting and protecting human rights. With the rise of the Internet and highly offensive material “going viral” have come calls for more regulation. It is challenging to balance human rights to freedom of expression, access to information, freedom of assembly, and privacy against countervailing interests. While media freedom is important for the mobilization of shame, it carries risks explored here. Deciding how to balance competing considerations without adopting overbroad legislation should lead to lively class discussions.

In The Prosecutor v. Nahimana et al., the trial chamber of the International Criminal Tribunal for Rwanda sought to define the offence of ‘direct and public incitement to commit genocide’. This case note discusses the elements required in the opinion before turning to the way in which the trial chamber applied its tests. Case law from the European Court of Human Rights and laws from a range of national jurisdictions are used to contrast the approach adopted by the trial chamber in the so-called ‘Media Trial’.

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15 - Media and Human Rights

Summary

The International Criminal Tribunal for Rwanda's Decision in The Prosecutor v. Ferdinand Nahimana et al.: The Past, Present, and Future of International Incitement Law

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15 - Media and Human Rights

Summary

The International Criminal Tribunal for Rwanda's Decision in The Prosecutor v. Ferdinand Nahimana et al.: The Past, Present, and Future of International Incitement Law