| Abstract: | Freedom of expression is one of the human rights enshrined under International
human right instruments. However, hate speech in the course of exercising this
right has the potential to pose threats on the peace and security of nations and
wellbeing of individuals. This has brought about arguments in favor of
limitations to expression and against the limitations owing to unintended adverse
impact of such limitations in the exercise of freedom of expression. In the
Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression
Proclamation No. 1185/ 2020’ has been enacted. The Proclamation indicates
prohibited acts of hate speech and its exceptions. In particular, the generic terms
contained in the definition given to ‘hate speech’ need to be carefully examined.
However, the implications of provisions that set exceptions to ‘hate speech’ in
the new law have not yet been subject to adequate academic discourse. This
article examines these issues. By consulting different international human rights
instruments, experience of other countries and scholarly literature, the article
examines the appropriateness, constitutionality and implications of the
Proclamation on the right to freedom of expression. Moreover, it indicates
potential challenges that the exceptions will pose on the process of implementing
the Proclamation in real court cases. |
