Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR

Fenwick, Helen

Abstract

Some advocates of free speech are currently arguing that universities and other organisations are far too prompt to accept curbs on expression or expressive acts in relation to issues such as transgender rights, racism, feminism, religious extremism. Such curbs tend to be aimed at offence-avoidance; as a result such advocates argue that debate on these and cognate issues is in some instances being silenced. But other commentators oppose that view, arguing that merely allowing the airing of all sorts of views offensive to some facilitates intolerance and opposes equal dignity. Against the background of such ongoing debates on the concept of so-called ‘cancel culture’, affecting some institutions, especially universities, this piece will interrogate various restrictions on expression that some view as linked to that concept. This article will then place such restrictions within the ECHR framework by considering the balance to be struck between freedom of expression as protected under Article 10 ECHR on the one hand, and the interest of minority and/or marginalised groups not to be confronted with opinions or view-point-based behaviour that may denigrate them on the other. The article seeks to come to some conclusions as to ways to achieve that balance, taking account of the standards set by relevant ECHR jurisprudence. It will ask fundamentally whether or how far the concept of curbing lawful but arguably harmful expression is compatible with those standards.

Citation

Fenwick, H. (2022). Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR. In P. Czech, L. Heschl, K. Lukas, M. Nowak, & G. Oberleitner (Eds.), European Yearbook on Human Rights 2022 (309-344). Cambridge University Press. https://doi.org/10.1017/9781839703447.012

• Online Publication Date: Apr 20, 2023
• Publication Date: 2022
• Deposit Date: Jul 13, 2022
• Publicly Available Date: Jul 1, 2023
• Publisher: Cambridge University Press
• Pages: 309-344
• Book Title: European Yearbook on Human Rights 2022
• DOI: https://doi.org/10.1017/9781839703447.012
• Public URL: https://durham-repository.worktribe.com/output/1644820
• Publisher URL: https://www.cambridge.org/core/series/european-yearbook-on-human-rights/73BD82BDF238359BE61A807CD0BAB17E