freedom of expression and incitement to racial discrimination

Incitement to racial discrimination is a conflict point between freedom of expression and principle of non-discrimination which both are the main core of international human rights law. Principle of non-discrimination is fundamental in human rights law and any form of discrimination including racial discrimination effects enjoyment and fulfilment of all human rights. Historical experiences including world war 2 shows that incitement to racial discrimination creates a proper atmosphere to commit crime against racial groups. Freedom of expression is also a fundamental right and plays a key role in finding the truth, public partnership and enhancing tolerance. Although it is not an absolute right and it can be a subject of some limitation in certain circumstances. Incitement to racial discrimination is a legitimate limitation of freedom of expression which is prohibited in International Convention on Elimination of All Form of Racial Discrimination (1965). This convention asks state parties to criminalize incitement to racial discrimination in their domestic law. This article studies conditions of realization of incitement to racial discrimination and the way which these expressions must be limited. The main question is that how and up to what point prohibition of incitement to racial discrimination can limit freedom of expression. Due to importance of freedom of information and preventing unproportioned limitation of freedom of expression, there should be accurate criteria for limiting expressions. Although CRC committee tried to introduce criteria for incitement to racial discrimination, they are not accurate. Expansion of race phenomenon made it difficult to distinguish these expressions.