Ban videos on TikTok calling for war in Ukraine and killings of Ukrainians

The preamble to the 1945 UN Charter proclaims: "...the peoples... determined to save succeeding generations from the scourge of war… to reaffirm faith in fundamental human rights… to unite our strength to maintain international peace and security…"

Moreover, in the Resolution of the UN General Assembly of November 3, 1947, it is stated that the General Assembly condemns all forms of propaganda, in whatsoever country conducted, which is either designed or likely to provoke or encourage any threat to peace, breach of the peace, or act of aggression.

The preamble to the Universal Declaration of Human Rights of 1948 states that "... the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people."

In Art. 3 of the Convention on the Prevention and Punishment of the Crime of Genocide punishable acts such as genocide, as well as direct and public incitement to commit genocide.

At the same time, the Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples, proclaimed by the General Assembly Resolution in 1965, declares that young people shall be brought up in the spirit of peace, justice, freedom, mutual respect and understanding in order to promote equal rights for all human beings and all nations, economic and social progress, disarmament and the maintenance of international peace and security. (Principle I)

In Art. 20 of the International Covenant on Civil and Political Rights states that any propaganda for war, any advocacy of national, racial or religious hatred, that constitutes incitement to discrimination, hostility or violence, shall be prohibited by law.

In Art. 3 of the Declaration on Fundamental Principles concerning the Contribution to the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War, adopted by the UNESCO General Conference on 28 November 1978, reveals that the mass media should have an important contribution to make to the strengthening of peace and international understanding and in countering racialism, apartheid and incitement to war, violations of human rights.

Furthermore, in 1993, the UN adopted the Vienna Declaration, which contains obligations to combat all ideologies, political attitudes and practices that are incitement to racial hatred, violence, discrimination.

Thus, in accordance with Art. 15 of the Vienna Declaration, respect for human rights and fundamental freedoms, without distinction of any kind, is a fundamental norm of international human rights law.

In addition, Recommendation No. R (97) 20 of the Committee of Ministers of the Council of Europe, adopted by the Committee of Ministers on 30 October 1997, highlighted that national law and practice in the area of hate speech should take due account of the role of the media in communicating information and ideas which expose, analyse and explain specific instances of hate speech and the underlying phenomenon in general.

The responsibility of the media and their employees involved in their dissemination of information on hate speech is emphasized (Principle 6).

In UN Resolution No. 22-04101 dated March 21, 2022, the UN General Assembly recognized the existence of an armed conflict in Ukraine by the Russian Federation, called on the Russian Federation to stop its military offensive in Ukraine and any attacks on the civilian population and civilian objects; recognized the violation by the Russian Federation of the norms of international humanitarian law, including the Geneva Conventions of 19491 and Additional Protocol I thereto of 1977, and also demanded that the Russian Federation immediately, completely and unconditionally withdraw all its armed forces from the territory of Ukraine within its internationally recognized borders.

To sum up, in the conditions of the armed aggression of the Russian Federation against Ukraine recognized by the UN General Assembly and violations by the Russian Federation of the norms of international humanitarian law, the TikTok community cannot remain indifferent to the violation by the Russian Federation of fundamental human rights, maintaining the war in Ukraine and inciting hatred towards Ukrainian civilians what is currently happening today in the TikTok community through the publication, broadcast and distribution of content (video) that calls for violence and the use of weapons in Ukraine, which promotes hatred for Ukrainian civilians and calls for war in Ukraine.