Ethiopia’s Hate Speech and Disinformation Prevention and suppression Proclamation: The Need and Compatibility with International Human Rights Standards.

Abstract

The claim of preventing and suppressing hate speech and disinformation inextricably linked to the roots of contemporary international human rights discourse. Article 19(2) of ICCPR recognizes that everyone has the right to freedom of expression. However freedom of expression can be limited on the grounds of hate speech and disinformation since they can cause harms to other human rights. Accordingly, Ethiopia is under obligation by cumulatively looking at Article 13(2) of the FDRE constitution and Article 20(2) of ICCPR to confront any advocacy of national, racial and religious hatred that constitutes incitement to discrimination, hostility or violence by law. Ethiopia has no comprehensive law regarding hate speech and disinformation though there are some provisions directly or indirectly related to them by analyzing the existing domestic laws. Hence, she has enacted hate speech and disinformation prevention and suppression proclamation No.1185/2020.But this proclamation must be with in strictly defined parameters for limitation of freedom of expression as stated under article 19(3) of ICCPR. Accordingly, the author by assessing the Ethiopia‟s existing laws and international human rights laws has found that the above proclamation leads to a kind of double warning since some of its provisions are already provided and is incompatible with international human right standards such as legality, legitimacy, necessity and proportionality standards and the widely accepted international norm the Rabat Plan of action.