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Protection of journalists and press freedom 2010, para. 75
- Paragraph text
- Emergency or national security laws are also often used to justify restrictions on citizen journalists' expression of views or dissemination of information through the Internet, often on the basis of protecting vaguely defined national interests or public order. For example, on 27 February 2004, the Special Rapporteur, together with the Chairperson of the Working Group on Arbitrary Detention and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an urgent appeal to the Government of the Syrian Arab Republic regarding the arrest of a person in relation to articles which he distributed by e-mail, mainly from the Akhbar al-Sharq Internet site (www.thisissyria.net). The Syrian authorities were quoted as saying that material on the site is "detrimental to the reputation and security of the nation" and "full of ideas and views opposed to the system of Government in Syria".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 76
- Paragraph text
- In other cases, laws or decrees that explicitly regulate online expression have been adopted and used to restrict the peaceful expression of opinion and ideas. For example, on 17 May 2010, at the conclusion of his fact-finding mission to the Republic of Korea, the Special Rapporteur issued a press statement in which he expressed concerns regarding Internet-specific legislation, in particular the Framework Act on Telecommunications and the Act on Promotion of Information and Communications Network Utilization and Information Protection. The Special Rapporteur noted that the former was used as the basis for arresting a blogger for posting online articles which were critical of the Government's economic policy in the context of the financial crisis, while the latter has been used to delete online posts and to sentence or fine individuals who initiated online campaigns for a consumer boycott.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 79
- Paragraph text
- The Special Rapporteur is alarmed and concerned that the number of journalists and media personnel killed in 2009 was the highest since 1992, and that 81 per cent of those killings were deliberate and targeted. While the risk of armed conflict increases the risk to the lives of journalists and other media professionals, more journalists were killed in non-conflict situations, mostly for reporting on organized crime or drug trafficking, environmental matters or human rights violations and corruption, or for voicing criticism of Government or the powerful.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 81
- Paragraph text
- It is also worrying that the number of journalists forced into exile as a result of attacks, threats and possible imprisonment doubled between 2009 and 2010 compared with the previous year. While the host Government has the obligation to respect and to ensure the rights of all individuals within its territory, regardless of nationality or other grounds, the Special Rapporteur reiterates the obligation of all States to guarantee the protection of journalists and others who exercise their right to freedom of expression in their own countries in the first place.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 82
- Paragraph text
- Citizen journalists have come to play an increasingly important role in gathering and disseminating news, in particular in countries where press freedom is restricted, or in a disaster or conflict zone where professional journalists may not be present. While they cannot replace professionally trained journalists, they contribute to the public's access to a richer diversity of views, opinions and information. Like professional journalists, and for the same reasons, citizen journalists are subjected to acts of harassment and intimidation, including death threats, arbitrarily arrested and detained, prosecuted and sentenced to imprisonment and/or to harsh fines, and even assassinated. However, they enjoy less protection than professional journalists, as they do not have the support of media organizations and networks, and lack recognition as professional journalists.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 88
- Paragraph text
- Given that in at least 4 of every 10 cases involving the murder of journalists, the victims receive threats before being killed, the Special Rapporteur urges all Governments to investigate such threats and ensure effective protection, for example through witness protection programmes. In this regard, the Special Rapporteur notes that detailed guidelines and recommendations have been set out in the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (see A/63/313), the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19 and A/HRC/15/33) and the analytical study on human rights and transitional justice (A/HRC/12/18).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 89
- Paragraph text
- The Special Rapporteur also encourages all States to establish an early-warning and urgent response mechanism for the protection of journalists; such a mechanism should also exist for the protection of human rights defenders. It should be an official State commission with high-level recognition and an appropriate budget, composed of high-level representatives of State institutions related to security, territorial administration and human rights, as well as representatives of journalists' associations, media associations and non-governmental organizations working on issues related to the right to freedom of expression. The Commission's plan of work and urgent response procedures should be determined through a common agreement among its members, according to the circumstances of the country or a region within the country.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 47
- Paragraph text
- However, the Special Rapporteur would like to emphasize that, despite the changing nature of armed conflicts today, there are sufficient protection guarantees for journalists under existing legal standards, as outlined below.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 40
- Paragraph text
- Moreover, in situations where journalists find themselves in the territory of another State, the host State is also obliged to respect, protect and fulfil their rights, including their right to freedom of opinion and expression. This obligation also applies to an occupying power in situations of occupation, as well as forces of a State party acting outside its territory, such as forces constituting a national contingent of a State party assigned to an international peacekeeping or peace enforcement operation.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79d
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Laws imposing restrictions or limitations must be accessible, concrete, clear and unambiguous, such that they can be understood by everyone and applied to everyone. They must also be compatible with international human rights law, with the burden of proving this congruence lying with the State;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79e
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Laws imposing a restriction or limitation must set out the remedy against or mechanisms for challenging the illegal or abusive application of that limitation or restriction, which must include a prompt, comprehensive and efficient judicial review of the validity of the restriction by an independent court or tribunal;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79f
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Laws imposing restrictions or limitations must not be arbitrary or unreasonable and must not be used as a means of political censorship or of silencing criticism of public officials or public policies;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 35
- Paragraph text
- All the various outlets of the mass media have a social role to play. Electromagnetic frequencies are a public good, and the Government should therefore guarantee access to them and should use them and authorize their use in an equitable and fair way for all sectors of society. It is recommended that an independent, national (public) agency be in charge of administering and managing the allocation of broadcasting frequencies.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 37
- Paragraph text
- Access to means of communication and, in particular, to electronic communications is now seen as necessary for achieving development and, therefore, should also be considered as an economic and social right. Governments should take responsibility for facilitating and subsidizing access to electronic media to ensure equitable enjoyment of this right, to combat poverty and to achieve their development goals.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 42
- Paragraph text
- In accordance with the Special Rapporteur's mandate to mainstream women's human rights and a gender perspective in all his activities, this report reiterates the undeniable link between freedom of expression and women's human rights, which include the right to express their opinions, to have access to their own means of communication and to work in the existing mass media. The following considerations should be taken into account in this regard.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 43
- Paragraph text
- General comment No. 28 of the Human Rights Committee on the equality of rights between men and women (article 3 of the Covenant) states that the causes of the inequality of women throughout the world include traditional, historical, cultural and even religious factors. This situation also influences the enjoyment of and respect for all the rights enshrined in the Covenant, including the right to freedom of opinion and expression and the right to access information in order to make informed decisions.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 75
- Paragraph text
- The Special Rapporteur notes that, despite the provisions of the Covenant, States frequently limit or restrict freedom of expression arbitrarily, sometimes by recourse to criminal legislation, in order to silence dissent or criticism. In view of such practices, the Special Rapporteur wishes to draw attention to some of the existing principles that may be used to determine whether or not a limitation or restriction to the right of freedom of expression is legitimate within the framework of existing standards.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 62
- Paragraph text
- Governments should take into account the ethnic, cultural, religious and ideological diversity of the various social groups. They should also promote and protect the languages of minorities and indigenous peoples by, inter alia, upholding their right to speak their own language and to propagate their culture and traditions, both in private and in public. In no case should restrictions on the freedom of expression be used to stifle minorities' and indigenous peoples' legitimate claims to their rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 98
- Paragraph text
- On this point, it should be noted that Security Council resolution 1738 (2006) condemns intentional attacks against journalists, media professionals and associated personnel in situations of armed conflict and calls upon all parties to put an end to such practices. It also urges all States to comply with the relevant obligations under international law to end impunity and to prosecute those responsible for serious violations of international humanitarian law.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 101
- Paragraph text
- The Special Rapporteur is concerned about the alarming and growing tendency to criminalize and institute legal proceedings against community-based communicators, who should also be considered journalists and media personnel, and should thus benefit from the same safeguards as all journalists, since a person's status as a journalist is determined by the work that he or she performs and is not subject to any job title or form of registration.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 105
- Paragraph text
- Freedom of opinion and expression is an individual and collective right which affords people the opportunity to issue, seek, receive and impart pluralistic and diverse information that enables them to develop their own lines of reasoning and opinions and to express them in any way they see fit. Freedom of expression is therefore exercised through two routes: the right to access information and the right to self-expression through any medium.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 114
- Paragraph text
- The right to freedom of opinion is absolute and may not be limited in any way, whereas the right to freedom is not absolute and may thus be subject to exceptional restrictions and limitations as defined in article 19, paragraph 3, and article 20 of the International Covenant on Civil and Political Rights. Such restrictions and limitations must be interpreted in accordance with international human rights law and the principles deriving therefrom.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 127
- Paragraph text
- States should empower women by upgrading their theoretical knowledge and practical skills, improving their access to information technology and promoting their participation in the development of these technologies as a means of fostering and increasing their participation in public affairs and decision-making on issues likely to have a direct bearing on their development.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 70h
- Paragraph text
- [The Special Rapporteur would like to highlight the joint work undertaken with the World Association of Community Radio Broadcasters (AMARC) through a series of regional consultations held for the purpose of identifying and endorsing the principles that should underlie a democratic regulatory framework for community radio and television. Information on these principles is included in the annex. These principles are:] Competent authorities;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 70i
- Paragraph text
- [The Special Rapporteur would like to highlight the joint work undertaken with the World Association of Community Radio Broadcasters (AMARC) through a series of regional consultations held for the purpose of identifying and endorsing the principles that should underlie a democratic regulatory framework for community radio and television. Information on these principles is included in the annex. These principles are:] Licence and frequency allocation procedures;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 70j
- Paragraph text
- [The Special Rapporteur would like to highlight the joint work undertaken with the World Association of Community Radio Broadcasters (AMARC) through a series of regional consultations held for the purpose of identifying and endorsing the principles that should underlie a democratic regulatory framework for community radio and television. Information on these principles is included in the annex. These principles are:] Non-discriminatory conditions;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 70k
- Paragraph text
- [The Special Rapporteur would like to highlight the joint work undertaken with the World Association of Community Radio Broadcasters (AMARC) through a series of regional consultations held for the purpose of identifying and endorsing the principles that should underlie a democratic regulatory framework for community radio and television. Information on these principles is included in the annex. These principles are:] Evaluation criteria;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 50
- Paragraph text
- During times of conflict, journalists are at a heightened risk of being subjected to arbitrary detention and internment for alleged security reasons. In an international armed conflict, war correspondents, or representatives of the media who are accredited to, and accompany, the armed forces without being members thereof, are entitled to the status and treatment of a prisoner-of-war in case of capture. This is by virtue of the fact that they are formally authorized to accompany the armed forces and aim to keep the closest possible contact with the armed forces and thus inevitably share the fate of the armed forces. Hence, war correspondents benefit from all the protections of the Third Geneva Convention as supplemented by Additional Protocol I and customary international law. All other journalists who fall into the hands of a party to an international armed conflict benefit at least from the protections granted in article 75 of Additional Protocol I, which includes, inter alia, prohibition of violence to life, health or physical or mental well-being, humiliating and degrading treatment, and taking of hostages. They are also entitled to fair trial guarantees in the case of detention for penal offences. In addition, journalists in the hands of a party to the conflict or occupying power of which they are not nationals benefit from the protections granted by the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 51
- Paragraph text
- In the case of non-international armed conflicts, there is no distinction between war correspondents and other journalists under international humanitarian law, and the protection for all journalists emanates from common article 3 of the Geneva Conventions and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). This includes, for example, protection from violence to life, health and physical or mental well-being, including torture, hostage-taking, humiliating and degrading treatment, as well as threats to commit such acts. They are also entitled to fair trial guarantees (articles 4, 5, 6 of Additional Protocol II). The Special Rapporteur would like to emphasize that violations of most of these provisions are punishable as war crimes.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 22
- Paragraph text
- The credibility of the press is linked to its commitment to the truth and to the pursuit of accuracy, fairness and objectivity. Indeed, the Special Rapporteur is of the view that, by voluntarily upholding the highest standards of ethics and professionalism and ensuring their credibility in the eyes of the public, journalists can contribute to enhancing their own protection. In this regard, the Special Rapporteur welcomes various standards that have been developed and adopted by journalists, including the Declaration of Principles on the Conduct of Journalists, and the initiatives undertaken by the International Federation of Journalists (IFJ) to encourage journalists to voluntarily adhere to the Declaration as a global standard of professional conduct.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph