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extends to all forms of propaganda threatening or resulting in an act of aggression or breach of the peace
contrary to the Charter of the United Nations,
while Paragraph 2 is directed against any advocacy
of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence,
whether such propaganda or advocacy has aims which
are internal or external to the State concerned.
The provisions of article 20, paragraph 1, do not
prohibit advocacy of the sovereign right of selfdefence or the right of peoples to self-determination
and independence in accordance with the Charter of
the United Nations.
For article 20 to become fully effective there ought
to be a law making it clear that propaganda and advocacy as described therein are contrary to public policy
and providing for an appropriate sanction in case of
violation.
The Committee, therefore, believes that States
parties which have not yet done so should take the
measures necessary to fulfill the obligations contained
in Article 20, and should themselves refrain from any
such propaganda or advocacy.”
The spread of discrimination and hate speech will
not only harm the dignity of specific individuals and
groups, but also threaten and erode the foundation of
diversity and equality in society. Therefore, so far, the
first provision (that any propaganda advocating war
should be prohibited by law) has received far less attention and promotion than the second provision.
Undeniably, even advanced democratic countries
in the West have not been able to eradicate prejudice,
discrimination, and hatred through human rights education. The United Nations has long been aware of
this, which is why the first international human rights
covenant passed after the Universal Declaration of
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Human Rights was not the two covenants but the
International Convention on the Elimination of All
Forms of Racial Discrimination passed in 1965.
For example, freedom of speech is the core value
of the US Constitution. However, due to the immigration structure and the enslavement of black people in
the past, the US judicial system almost always stands
on the side of anti-discrimination when “protection
of free speech” conflicts with “protection against discrimination through speech”, and all forms of racial
discrimination are strictly condemned. However, frequent legal disputes also show that racial discrimination has not been eradicated and more human rights
education needs to be done.
Compared with the past century, discrimination
based on gender, age, and class status, shaped by
traditional feudal societies, has mostly improved and
continues to improve due to constitutional democracy,
universal education, and economic development.
There are still severe problems of discrimination in
North America and Europe, mainly in terms of race
and religion. For example, there are still potential
Nazi sympathizers in Germany, the KKK in the US,
and the Western Guard Party in Canada.
Taiwan is a country with an immigrant structure.
Over the years, political, economic, social, and other
historical factors have inevitably caused problems
of discrimination even though, objectively speaking,
the problem is not as serious in Taiwan as in North
America and Europe
Currently, in Taiwan, Paragraph 1, Article 62 of
the Immigration Act specifically prohibits discrimination on the basis of nationality, race, skin color, class,
and place of birth, among other factors. However, this
provision is mainly aimed at law enforcement in immigration affairs, not ordinary citizens.
Chapter 5
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Continual Improvement: Keeping Up with International Trends
III. New Challenges to Freedom of Speech:
The Proliferation, Harm and
Countermeasures of Disinformation
Hu Yuan-hui
Professor at the Department of Communication,
National Chung Cheng University
Chairman of the Taiwan FactCheck Center
Author Hu Yuan-hui photographed during his interview.
Photographer: Huang Yen-wen
Disinformation and the Death of a Taiwanese Diplomat
Back when freedom of speech was stifled, many
people raised their voices despite the risk of imprisonment, even sacrificing their lives to expand space
for free speech.
Paradoxically, in this day and age when freedom
of speech is no longer restricted, this freedom hardwon with the blood and sweat of many activists, has
become a shield for disinformation to run amok.
Disinformation has become a serious challenge to
contemporary democracy. Taiwan, whose democratic
system has only been in place for a relatively short period of time, might even see a regression of democracy
because of it, so it must be addressed with caution.
Disinformation is not a new problem, but the 2016
United Kingdom European Union membership referendum and the dramatic 2016 US elections shined a
light on contemporary disinformation problems.
The processes of these two events that greatly concerned the future of their respective countries alerted
democratic nations to the major differences between
contemporary disinformation and traditional disinfor-
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