Title: The Necessity and Limitations of the Criminalization of Incitement to Terrorism
Abstract: This chapter considers, on the one hand, the current need for and, on the other, essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality. Concerning the necessity to criminalize incitement to terrorism, this chapter, based on not only traditional criminal law theories but also empirical information, focuses on the risks of terrorism and of direct or indirect incitement in the current Internet age. Regarding limitations on the criminalization of incitement to terrorism, the protection of freedom of expression under international human rights law, which constitutes the basic reason for limiting the criminalization of incitement to terrorism, is firstly introduced. Subsequent discussions are centered on how to draw the balancing line between the criminalization of incitement to terrorism and the protection of freedom of expression. On this crucial issue, primary references worldwide include the European Court of Human Rights (ECtHR)'s and the US Supreme Court's relevant case laws, which are studied from a comparative perspective.
Publication Year: 2023
Publication Date: 2023-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot