This paper investigates how Nordic countries, which are praised as the most advanced democracies in the world, have tackled in the last years the debate on function of, and restrictions on, freedom of expression, an issue to which the Nordic Council of Ministers has recently dedicated a worrying report.
Since ...
(Show more)This paper investigates how Nordic countries, which are praised as the most advanced democracies in the world, have tackled in the last years the debate on function of, and restrictions on, freedom of expression, an issue to which the Nordic Council of Ministers has recently dedicated a worrying report.
Since the Eighteenth century such a right has been seen as a key building block in democratic process; yet the rise of right-wing populism and of racist and anti-Semitic groups who can take advantage of the boom of social media have raised questions related to protecting minority groups from discrimination whilst also attempting to ensure that the non-discrimination acts do not compromise freedom of expression.
Membership in the EU and acknowledgement of certain international conventions means that European and international law sometimes override national law. This can have positive effects on the right to freedom of expression but restricts the freedom of individual States to decide the extent of their non-discrimination statutes. The nation-states’ room of manœuvre is moreover challenged by non-State actors (such as Amnesty International and Civil Right Defenders) who want to have a voice in decision making affecting freedom of expression.
The main aim of this paper is to analyze the arguments which have been put forward for and against the unrestricted applicability of such a freedom by Nordic human rights organizations and think-tanks, focusing on the dilemma they face: either accommodating their universalistic principles to demands for restrictions on particular opinions or remaining firmly anchored to a neutral conception of democracy, with the risk of paving the way to the enemies of pluralism.
The theoretical framework of this paper is Critical Race Theory (CRT) and its assumption that particular types of speech can be harmful to minorities; consequently, if the state fails to protect a vulnerable minority from hate speech, it is in fact failing to provide proper security to its citizens. Hence the belief that it is both politically desirable and juridically legitimate to pass laws against racist opinions and groups, with an oscillation between universalistic principles and differentiated legal treatment which has led some scholars to blame CRT for ”postmodern censure”.
The paper will highlight the different frames (moral, legal, philosophical, or simply pragmatic) which have been used by Nordic human rights organizations to substantiate opposite positions on freedom of expression, examining as well whether the Nordic debate has been linked to the global discussion on such issue and how this redefinition of one of the fundamental human rights may change the very concept, and the global image, of Nordic democracies.
The sources are media articles, reports and interviews to activists of human rights organizations and think tanks.
This project is funded by the research hub RENEW (Reimagining Norden in an Evolving World) and by the Åke Wiberg Foundation (Stockholm).
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