Freedom of Expression vs Hate Speech: A Comparative Analysis under ICCPR and Bangladesh Constitution

Abstract

This research investigates the intricate connection between freedom of expression and hate speech under the Bangladesh constitution and the International Covenant on Civil and Political Rights (ICCPR). It examines the ways in which the right to free speech may conflict with efforts to combat hate speech, as well as how various nations interpret and balance these rights within their legal frameworks. By applying concepts from international human rights law, comparative constitutional law, and legal theory, the research aims to clarify where the distinction should be drawn between safeguarding speech and forbidding incitement to hatred. The research focuses on how Article 19 and 20 of the ICCPR and Article 12 ,22 and 39 of Bangladesh Constitution are applied in various national contexts, especially in countries with contrasting legal, cultural, and political traditions. The analysis includes case studies from democratic and developing nations to illustrate different legal approaches and the challenges in enforcing these rights without undermining social cohesion or human dignity. Findings suggest that many governments struggle to define hate speech clearly while safeguarding legitimate expression. The study raises key ethical and legal questions such as whether banning hate speech restricts democratic dialogue or whether unrestricted speech fuels violence and discrimination. By comparing practices in selected countries, the research aims to provide insights into how international standards are localized. Finally, the study offers practical recommendations for states, human rights bodies, and civil society on developing laws and policies that respect freedom of speech while effectively combating hate speech, using the ICCPR as a guiding framework.