Columbia Global Freedom of Expression Special Classes Series

Freedom of Expression in the European and African Regional Systems

As part of its ongoing commitment to advancing legal scholarship and strengthening global jurisprudence on freedom of expression, Columbia Global Freedom of Expression (CGFoE) conducted a graduate-level class titled Freedom of Expression in the European and African Regional Systems, in collaboration with the University of Buenos Aires (UBA).

The class was held as part of Professor Brian Frenkel’s postgraduate course, African and European Systems of Human Rights Protection, within UBA’s Master’s Program in International Human Rights Law. Twenty students participated in this academically rigorous and comparative session.

The class was designed and led by CGFoE’s senior legal experts: Anderson Javiel Dirocie De León, Senior Legal and Policy Consultant, Lautaro Furfaro, Senior Legal Researcher, and Juan Manuel Ospina, Senior Legal Editor. In a three-part session, they examined the legal standards, institutional frameworks, and key jurisprudence concerning freedom of expression across the European Court of Human Rights and the African Commission and Court on Human and Peoples’ Rights, with comparative insights drawn from the UN Human Rights Committee and the Inter-American Court of Human Rights.

The session included:

• A doctrinal and jurisprudential overview of Article 10 of the European Convention on Human Rights, focusing on Grand Chamber rulings, including themes such as public interest speech, political participation, press freedom, and the limits of hate speech and defamation laws.
• An analysis of Article 9 of the African Charter, including the evolution of case law on freedom of expression within both the African Commission and Court, with particular attention to access to information, journalist safety, and limitations under the three-part test.
• A comparative segment on the “chilling effect” in freedom of expression jurisprudence, drawing from CGFoE’s forthcoming publication Global Standards on Chilling Effect: A Comparative Analysis of Case Law from the African, European, and Inter-American Systems.

To support the discussion, CGFoE instructors incorporated relevant materials, including the organization’s Special Collection Papers on the European and African regional systems and provided guidance on using the Global Case Law Database for comparative legal research.

The session drew praise from both faculty and students. Professor Frenkel commented:

Your presentation helped us see how freedom of expression is addressed across jurisdictions, including both the light and dark points in the jurisprudence. Your constant references to the Inter-American and Universal systems were perfectly aligned with the course’s objectives.

He also commended the team’s explanation of comparative methodology and legal complexity, particularly in reference to CGFoE’s upcoming chapter on chilling effects:

The discussion on the chilling effects and especially, the challenges it creates for and the effects it has on different actors, in particular States and human rights defenders, has provided us with inputs to continue reflecting on the nature of different systems for the protection of human rights and the importance of in-depth analysis of what the tribunals say -and avoid saying.

Student Maria Camila Torres Perez added:

Before reading the chapter, I didn’t grasp the complexity of the chilling effect. Now I have a better understanding of the risk factors and the challenges they bring to the protection of human rights.

This session exemplifies CGFoE’s pedagogical model: engaging law students with real-world jurisprudence, comparative legal reasoning, and the critical examination of legal standards affecting freedom of expression across regional and global systems.

Bibliography:

• Columbia Global Freedom of Expression – Special Collection on Freedom of Expression: Grand Chamber of the European Court of Human Rights (Nov. 2022)​
• Columbia Global Freedom of Expression – Special Collection: African System of Human and Peoples’ Rights (Oct. 2023)​
• Global Standards on Chilling Effect: A Comparative Analysis of Case Law from the African, European, and Inter-American Systems. In G. Gosztonyi & G. F. Lendvai (Eds.), Chilling effect and freedom of expression – “Frozen” speech in transdisciplinary perspectives (Springer, in press)

Class structure:

• Introduction (15 min) – General overview of the topic and the relevance of freedom of expression in Europe and Africa. 
• European Regional System (60 min) – Overview of freedom of expression in the ECHR. Key case law from the European Court of Human Rights (particularly Grand Chamber rulings). 
• African Regional System (30 min) – Overview of freedom of expression in the African human rights system (Commission and Court). Evolution of case law on freedom of expression in the African Commission and the African Court on Human and Peoples’ Rights. 
• Break (15 min) – Intermission.
• “Chilling effect” in regional systems (30 min) The chilling effect on freedom of expression, comparing approaches in regional systems (Europe, Africa, and Inter-American) and their relation to global standards.