Freedom of Expression and the Challenge of Hate Speech: An Islamic Perspective by Dr Rahim Nobahar

Like the overwhelming majority of instances of freedoms and rights, freedom of expression is not a categorical right. It can be restricted by some qualifications including hate speech. Some Human Rights documents, including article 7 of the International Declaration of Human Rights (1948), Paragraph c of article 3 of the Convention on the Prevention of the Crime of Genocide(1948), article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and article 20 of International Covenant on Civil and Political rights(1966), prohibit and/or necessitate criminalization of hate speech. Hate speech is not formally defined in the literature of Human Rights. However, it is understood as any kind of communication in speech, writing or behavior, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are; in other words, based on their religion, ethnicity, nationality, race, color, descent, gender or other identity factors. (United Nations Strategy and Plan of action on Hate Speech). Some national legal systems are not open to limit freedom of speech by hate speech because it is potentially capable of jeopardizing freedom of speech.

Islamic teachings seem to be in line with the permissibility of excluding hate speech from freedom of expression. Beyond Islamic justification for the inherent value of freedom, Islam values freedom of expression due to its fundamental role in truth discovery. Hate speech in many cases does not help truth to be realized, recognized and expanded. Instead, it develops enmity and even atrocity in human relationships which in their turn result in hiding truth. Moreover, due to some recognized values in Islamic value system like equality, peace, promotion of common good through communication and education, tolerance and moderation I will argue that Islamic teachings not only welcome exclusion of hate speech from freedom of expression, but also necessitate it. As long as hate speech concerns religious issues, it is prohibited when it raises hatred between followers of any faith and religion. This means that a Muslim can expect respect for his/her religious opinions when he/she respects other religions and faiths. Commitment to this approach necessitates some religious teachings and public customs and ceremonies of different faiths including Shiite Muslims to be reread and revised. The article, however, insists that hate speech should be distinguished from scholarly critique and qualification of freedom of speech should be along with a high level of sensibility, precision and precaution. This means that every single qualification of freedom of speech is only allowed when it is quite necessary.