Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world.  It maintains an extensive database of international case law. This is its newsletter dealing with recent developments  in the field.

This week, Marija Šajkaš, CGFoE’s Communications Specialist, is in conversation with Viviana Krsticevic, the Executive Director of the Center for Justice and International Law (CEJIL) and one of the three members of the UN’s groundbreaking Independent International Fact-Finding Mission on the Islamic Republic of Iran.

Viviana received her law degree from the University of Buenos Aires, has a master’s degree in Latin American studies from Stanford University, and a master’s degree in law from Harvard University. She litigated more than two hundred cases before the Inter-American Commission and the Inter-American Court of Human Rights on key issues for the protection of human rights and the strengthening of the rule of law.

Marija spoke with Viviana about the current state of human rights in Iran, potential legal remedies, and the legacy of Jina Mahsa Amini. Below is an excerpt of the interview in which Viviana reflects on ways forward – to a more equitable, just, and peaceful future. You can find the full conversation on our website.

Viviana Krsticevic is the Executive Director of the Center for Justice and International Law (CEJIL) and Member of the UN’s Independent International Fact-Finding Mission on the Islamic Republic of Iran.

GGFoE: As one of the leading figures in this Mission, how has this experience influenced your view on the state of human rights and rights for women in the world?

Viviana Krsticevic: I am from Argentina and have been an active participant in the Latin American human rights and women’s rights movements for the past two decades. My interactions with colleagues, experts, and activists over this past year have deepened my understanding of the obstacles faced by Iranian women—ranging from historical and cultural challenges to legal barriers. These exchanges have also influenced my perspective on the path forward for human and women’s rights globally.

When I consider the experiences of women across the Americas, we share common struggles with inequality and injustice, as well as similar dreams and strategies with many Iranian women. However, there are key differences in the actors and patterns that hinder progress toward gender equality, both domestically and internationally, which are relevant to the Islamic Republic of Iran and other nations.

One significant distinction is the deeply entrenched discriminatory system of the Islamic Republic of Iran, which is embedded in its laws, institutions, and practices, limiting domestic accountability. International processes are also constrained, partly due to the absence of international courts with jurisdiction over most human rights issues, as well as the impact of hostage diplomacy and undue pressure on foreign nations to hold others accountable. Furthermore, given the restrictions on speech and protest, the digital sphere plays a critical role in activism and solidarity, while the government continues its efforts in digital repression. My fellow experts and activists have revealed the depths of this complex world to me, offering invaluable lessons in history, politics, art, and society—not only in Iran but also in places like Bangladesh, Pakistan, and within the UN.

This experience also reshaped my view on the future of human and women’s rights. Witnessing Iranian women from all walks of life speak up, alongside men standing in solidarity, has strengthened my belief that the authoritarian playbooks can be cracked. Their strategies highlighted speech, online and offline mobilization, organization, and the persistence of those claiming equality and rights as part of the playbook for advancing human rights worldwide. The unexpected displays of solidarity from around the globe were equally striking. Moreover, in my interactions with victims and activists through the Fact-Finding Mission, I was reminded that international justice and solidarity are essential components of this roadmap, helping to pave the way for a more equitable, just, and peaceful future. While the state of women’s rights is far from where it needs to be, the story is far from over. We owe Jina Mahsa and countless others in Iran and across the world our commitment to persist—not just out of principle alone, but because this is our blueprint for change, and it works.

Oversight Board Case of Iran Protest Slogan
Decision Date: January 9, 2023
The Oversight Board overturned Meta’s initial decision to delete a Facebook post with the tagline “marg bar… Khamenei” in protest of the Iranian regime. Although this literally means “death to Khamenei,” it’s also frequently employed as political jargon to imply “down with Khamenei.” A Facebook user posted a cartoon on the platform with a caption that included the contested sentence. The post was promptly deleted since Meta considered it violated the Violence and Incitement policy. Although the user appealed this decision, Meta’s automated systems did not prioritize the appeal, and it was closed without additional review. The Board decided that the tagline line didn’t violate the Violence and Incitement policy as it considered that the statement should be understood as “down with Khamenei” due to the social and political situation in Iran. It also emphasized the importance of context when assessing whether calling for the death of somebody is a credible threat. In this case, the Board found that the statement wasn’t a credible threat as there was no actual danger towards Ayatollah Khamenei.  The Board offered recommendations to strengthen the protection of political expression in dire circumstances, as in Iran—where massive, historic rallies are being forcefully put down. This includes allowing expressions like “marg bar Khamenei” during protests in the country.

Oversight Board Case of Gender Identity and Nudity
Decision Date: January 17, 2023
The Oversight Board (OSB) overturned Meta’s original decision to remove two Instagram posts depicting bare-chested transgender and non-binary people. Both images were posted by a US-based couple who identify as transgender and non-binary. The first image was posted in 2021 and depicted the couple bare-chested with flesh-colored tape covering their nipples. The second image was posted in 2022 and showed one person clothed while the other was bare-chested and covering their nipples with their hands. The captions discussed that the bare-chested person would undergo gender-affirming surgery to have a flatter chest. The posts were removed under Meta’s Sexual Solicitation and Adult Nudity policies after they were flagged by the company’s automated systems and were reported by other users. However, Meta later recognized the decision was an enforcement error of its policies and restored the content after being notified of the case by the OSB. The Board found that Meta’s policies and their enforcement criteria were unclear. This, the OSB argued, led to enforcement errors that disproportionately impacted women and the LGBTQI+ community. The Board recommended Meta to modify its policies and internal guidance to include clearer definitions regarding what constitutes an “offer or ask” for sex and “sexually suggestive poses,” among other measures.

Oversight Board Case of Call for Women’s Protest in Cuba
Decision Date: October 3, 2023
The Oversight Board overturned Meta’s decision to remove a video, posted by a Cuban news platform on Instagram, of a woman criticizing men by comparing them to animals and encouraging women to join her in protests in the streets against the government. The user was a verified Instagram account that described itself as critical of the Cuban government. The post was viewed more than 90,000 times. It was automatically flagged by Meta’s system and sent to human review for potentially violating Meta’s Hate Speech policy. The content was removed after several moderators deemed it violated the policy. The Board found that the women’s statements in the video were qualified behavioral statements, allowed under Meta’s Hate Speech policy. Under Meta’s policies, qualified behavioral statements “use statistics, reference individuals, or describe direct experience.” The Board further highlighted the importance of understanding external context when issuing content moderation decisions, especially in countries where freedom of expression and peaceful assembly are suppressed or met with violence. In light of Cuba’s political context, the message of the content (calling to protest State repression), and the role social media platforms play in exercising activism, the Board considered that removing the content was the wrong decision.

● OCTOBER 16: The Power of Song: Repercussions for Freedom of Expression and Digital Rights in Hong Kong. Do not miss the webinar on free speech restrictions in Hong Kong next week. CGFoE will host a discussion on the court’s decision to ban a popular protest “anthem” in Hong Kong – the “Glory to Hong Kong” song. Michael Caster, Asia Digital Program Manager at ARTICLE 19, Chung Ching Kwong, a political and digital rights activist from Hong Kong, and Dr. Eric Yan-ho Lai, Research Fellow at Georgetown Center for Asian Law, will join our panel, moderated by Doreen Weisenhaus, Director of the Media Law and Policy Initiative at Northwestern University. October 16, 2024. 8 AM CDT / 9 AM ET / 2 PM BST / 8 PM ICT. Sign up here to join us on Zoom.

● OCTOBER 25: What’s in a Joke? Humor in Free Speech Jurisprudence and Content Moderation – Toolkit Launch and Roundtable. Are you based in New York City or visiting soon? Join us at a panel and roundtable on the upcoming toolkit What’s in a Joke? Assessing Humor in Free Speech Jurisprudence and Content Moderation. We will welcome the toolkit’s authors – Alberto Godioli, University of Groningen, Sabine Jacques, University of Liverpool, Ariadna Matamoros Fernández, Queensland University of Technology, and Jennifer Young, University of Groningen. They will present an advanced draft of the toolkit, followed by an open Q&A and a roundtable with four members of the project’s Advisory Board. October 25, 2024. 2:30 PM – 5:30 PM ET. Riverside Church, 10th Floor Lounge, 91 Claremont Ave, New York, NY 10027. To join in person, reserve a spot on Eventbrite. To follow online, register on Zoom.

● Update of the UN Independent Fact-Finding Mission: Iran Is Intensifying Efforts to Repress Women and Girls. On the second anniversary of the “Woman, Life, Freedom” protests, the UN’s Independent Fact-Finding Mission published an update: Iranian authorities have escalated violence and discrimination against women and girls. The “Hijab and Chastity” Bill awaits the almost-certain approval by the Guardian Council; the Bill will impose even more severe penalties for those who fail to comply with the mandatory hijab. In the meantime, Iranian officials have been implementing the so-called “Noor” Plan since April 2024 by endorsing violations of the rights of women and girls – instances of “beating, kicking, and slapping” have been on the rise. To further enforce compliance, the government has ramped up surveillance. Alarmingly, a new oppression pattern has emerged: women activists have been receiving death sentences on grounds of national security offenses. The Mission addressed States with a call “to investigate, prosecute and punish those responsible for crimes against women and girls committed in the context of the “Woman, Life, Freedom” movement, before their respective domestic courts including under the principle of universal jurisdiction and without procedural limitations.” Read the full update here.

● Joint Statement: 26 Human Rights Organizations Urge Iran to Revoke Death Sentence for Kurdish Woman Activist. The Center for Human Rights in Iran and other human rights organizations have jointly called for the immediate release of Pakhshan Azizi, a Kurdish women’s rights activist. Arrested in August 2023, Azizi subsequently reported being subjected to torture. In July 2024, Iran’s Islamic Revolutionary Court sentenced her to death on manufactured charges of “armed rebellion against the state.” The joint letter underscored that “oppressive measures and issuance of heavy sentences, such as the death penalty for political and social activists, perpetuate the cycle of violence and human rights violations.” The letter called for the international community to take action. In a recent appeal, Amnesty International reiterated the need for urgent action in Azizi’s case.

● PEN America Interviews Asal Abasian, Exiled Iranian Journalist, Writer, Queer Feminist Activist. This past September, PEN America interviewed Asal Abasian, a queer feminist activist, writer, and former journalist at Shargh, who fled Iran amid threats of retaliation and imprisonment due to their activism. Abasian told PEN about their pursuit of journalism in Iran, the state repression of the LGBTQI+ community, and their continued defense of human rights from exile. “We yearn for a time when queer people can live and thrive openly in every aspect of life without fear, prejudice, or discrimination,” Abasian told PEN. “While this dream may seem distant in today’s Iran, the hope for such a future continues to fuel our fight for visibility, equality, and justice.” They recalled the names of Iranians imprisoned for resisting censorship and repression – Sepideh Rashnu, Sarvenaz Ahmadi, Anisha Asadollahi, Narges Mohammadi, and numerous others – and urged everyone outside Iran to amplify their voices.

This section of the newsletter features teaching materials focused on global freedom of expression which are newly uploaded on Freedom of Expression Without Frontiers.

Transnational Repression 2019-2024: Countries Targeting Women Journalists Abroad. In a recent report on transnational repression targeting women journalists outside their home countries, the Coalition for Women in Journalism (CFWIJ) recorded a dramatic increase in states’ attempts to silence those abroad – from 19 cases in 2023 to 49 in 2024. The perpetrators are Iran, Russia, Azerbaijan, Belarus, Türkiye, Ethiopia, Malaysia, and Venezuela. These states have resorted to intimidation, threats, and legal harassment, while Iran, Azerbaijan, and Russia have also employed such tactics as physical attacks, abductions, and assassination attempts against journalists in exile. One of the major cases the report highlights is that of journalist Sima Sabet: “[Iran’s Islamic Revolutionary Guard Corps’] attempt to assassinate me through hired criminals on UK soil is an unequivocal act of terrorism,” Sabet told CFWIJ.

ARTICLE 19 Boundaries of Expression Podcast: Digital Repression and Queer Resistance in Iran and the Wider Region. In this new podcast episode, ARTICLE 19 talks to Afsaneh Rigot, Founder of De|Center and author of the recent groundbreaking report Queer Resistance to Digital Oppression in the Middle East and North Africa. Mahsa Alimardani, Senior Program Officer for Middle East and North Africa at ARTICLE 19, also joins the conversation. The speakers discuss the five-year research, interviewing, and surveying that made the report possible and answer these questions: How does Iran target the queer community online? What can be done to protect the community’s digital expression and privacy?

This newsletter is reproduced with the permission of Global Freedom of Expression.  For an archive of previous newsletters, see here.