Factsheet on Chilling Effect on Freedom of Expression: Regional Human Rights Courts Perspective
Prepared by Anderson J. Dirocie De León, Senior Legal and Policy Consultant; Juan Manuel Ospina Sánchez, Senior Legal Editor; and Lautaro Furfaro, Senior Legal Researcher, at CGFoE
This Factsheet is meant to complement our upcoming book chapter Global Standards on the Chilling Effect: A Comparative Analysis of Case Law from the African, European, and Inter-American Human Rights Systems, by highlighting how regional human rights courts have understood and addressed the chilling effect. The jurisprudence included here is not exhaustive; rather, it presents a selection of exemplary cases that illustrate key issues on chilling effect. These decisions—drawn from the Columbia
Global Freedom of Expression Case Law Database—cover the African Court on Human and Peoples’ Rights (ACtHPR), the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) as well as selected decisions from the African Commission on Human and People’s Rights (ACmHPR), the Community Court of Justice of the Economic Community of West African States (ECOWAS) and the East African Court of Justice (EACJ).2 Readers can access further
case analysis and learn more about how chilling effect concerns manifest globally by consulting our database.
State authorities, public officials, and private actors can create a chilling effect on freedom of expression through legal measures, threats, or violence. This effect discourages journalists, human rights defenders, academics, artists, whistleblowers, and ordinary citizens from speaking on matters of public interest. While explicit censorship is well-known, subtle and indirect forms of repression—including vague or overbroad laws, disproportionate penalties, or the failure to punish violence—can deter debate and
critical reporting. Regional human rights courts have recognised that such measures undermine democratic debate and violate the right to seek, receive, and impart information. This Factsheet sets out how these courts define the chilling effect, and illustrates its main elements through selected case excerpts.
