Körero Whakamauähara : Hate Speech In addition to the terms referred to in the Rabat Plan, the organisation which developed the Camden Principles (a United Kingdom based NGO called Article 19), proposes the following key definitions:81 (a) Legality: It must be provided by law, which is clear and accessible to everyone, with procedural safeguards, especially those guaranteed by independent courts or tribunals (principles of predictability and transparency); and (a) ‘Discrimination’ shall be understood as any distinction, exclusion, restriction or preference based on race, gender, ethnicity, religion or belief, disability, age, sexual orientation, language political or other opinion, national or social origin, nationality, property, birth or other status, colour which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. (b) Legitimacy: It must pursue one of the purposes set out in article 19, paragraph 3, of the Covenant, namely (i) to protect the rights or reputations of others, or (ii) to protect national security or of public order, or public health or morals (principles of legitimacy); and (b) ‘Violence’ shall be understood as the intentional use of physical force or power against another person, or against a group or community that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation. (c) ‘Hostility’ shall be understood as a manifested action of an extreme state of mind. Although the term implies a state of mind, an action is required. Hence, hostility can be defined as the manifestation of hatred – that is the manifestation of “intense and irrational emotions of opprobrium enmity and detestation towards the target group”. The Special Rapporteur, Frank La Rue, in 2011 stated that any limitation to the right of freedom of expression must pass the following three-part, cumulative test:82 81 82 83 84 85 (c) Necessity and proportionality: It must be proven as necessary and the least restrictive means required to achieve the purported aim (principles of necessity and proportionality). In 2019, Special Rapporteur, David Kaye, reiterated and expanded upon this three-part test.83 The 2011 report lists legitimate types of information which may be restricted. This includes hate speech (in order to protect the rights of affected communities), and advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (to protect the rights of others, such as the right to life).84 In terms of the latter, restrictions must be formulated in a way that makes clear that the sole purpose is to protect individuals and communities belonging to ethnic, national or religious groups, holding specific beliefs or opinions, whether of a religious or other nature, from hostility, discrimination or violence, rather than to protect belief systems, religions or institutions as such from criticism.85 Article 19, Prohibiting incitement to discrimination, hostility or violence: December 2012 Policy Brief, (article 19, London, 2012), at 19. These definitions were adapted from the definition of discrimination advanced by the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Racial Discrimination and the definition of violence by the World Health Organisation in the 2002 report World Report on Violence and Health. Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, U.N. Doc A/HRC/17/27 (16 May 2011) at [24]. United Nations General Assembly Report of the Special Rapporteur on the promotion and protection of the freedom of opinion and expression UN Doc A/74/486 (9 October 2019) at [6]. Ibid., at [25]. The issue of hate speech has also been addressed in previous reports, see inter alia, UN Documents: E/CN.4/1999/64; E/ CN.4/2000/63; E/CN.4/2002/75; and A/HRC/4/27. Human Rights Council, Annual report of the United Nations High Commissioner for Human rights: Report of the United nations High Commissioner for Human Rights on the expert workshops on the prohibition of incitement to national, racial or religious hatred, U.N. Doc A/ HRC/22/17/Add.4 (Jan. 11, 2013) at [11]. 17