The Six Threshold Tests of the Rabat Plan of Action and Legislating on Hate Soeech

In this talk, Zeeba T. Hashmi discusses the six threshold tests of the Rabat Plan of Action (2012) and what they mean for Pakistan when considering legislation on hate speech and incitement.

The discussion looks at Articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR), particularly the relationship between the protection of freedom of expression and the State's responsibility to address advocacy of hatred that amounts to incitement to discrimination, hostility or violence.

The Rabat Plan of Action provides a high threshold for determining when expression may legitimately warrant restrictions. Its six-part assessment considers the context, speaker, intent, content and form, extent or reach of the expression, and the likelihood and imminence of harm.

For Pakistan, as a State Party to the ICCPR, these principles are important when considering how hate-speech legislation is framed, interpreted and enforced. The central question is not simply whether speech is offensive or unpopular, but whether the circumstances meet the threshold at which restrictions on expression can be justified under international human rights law.

I shared these perspectives at the invitation of the Center for Social Justice, at the launch of its Textbook Review Report, where I was invited to speak about education, democracy, freedom of expression and how fear of education and open inquiry affects our society.

The discussion also raises a broader question: if legislation is intended to address hate speech, how can Pakistan ensure that it protects people from genuine incitement without becoming a mechanism for unnecessarily restricting legitimate expression?

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