The boundaries of freedom of expression on social media : regulating incitement to commit crimes and hate speech in an online environment

Abstract

This thesis assesses the legal challenges presented by a changing media landscape that has given rise to new opportunities for freedom of expression, as well as for crime. It sheds light on the development of the Internet as a communications tool and the transformative impact it has had on criminal activity. In particular, it analyses the offences of incitement and hate speech in a rapidly changing technological context and assesses the applicability of current legislation. The Internet’s role as an enabler of human rights is explored, presenting an in depth study of freedom of expression on the Web, with particular reference to the tension between free speech and digital rights, and criminalising online expression. Moreover, the obstacles that arise in applying traditional legal norms to online crimes are examined against a backdrop of jurisdictional and other issues. This thesis demonstrates that there is no need for a rethink of traditional legal doctrines because technologically neutral laws can be applied to traditional crimes committed online. These legal norms withstand the test of time without requiring amendment in line with every new technological development. Nevertheless it is evident that special attention ought to be paid when regulating online activity given the specific nature of the Internet as a tool for free speech and democracy.