Finding Common Ground: the Right to Be Free from Incitement to Discrimination, Hostility, and Violence in the Digital Age

Abstract Atrocities do not happen in a vacuum and incitement to discrimination, hostility, and violence is one of their main drivers – offline and now online. But states continue to disagree about how to deal with inciting speech. Under international law, there is much debate about whether obligations to prohibit incitement, such as the one found in Article 20(2) of the International Covenant on Civil and Political Rights, applies universally to all states. This article finds common ground in the overlooked human right to be free from incitement to discrimination, reflected in Article 7 of the Universal Declaration of Human Rights and binding on all states under customary international law. It gives rise to common but differentiated responsibilities to refrain from and protect individuals and groups from different forms of incitement. In the digital age, this right can be protected by a range of online content governance measures that this article explores.