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Protection of journalists and press freedom 2010, para. 21
- Paragraph text
- Journalists are understood to be individuals who are dedicated to investigating, analysing and disseminating information, in a regular and specialized manner, through any type of written media, broadcast media (television or radio) or electronic media. With the advent of new forms of communication, journalism has extended into new areas, including citizen journalism (see section V). The Special Rapporteur underscores that journalists should not be subject to conditions such as compulsory membership in professional associations or a university degree to practise journalism. When reference is made to journalists in the present report, the Special Rapporteur is also alluding by extension to other media professionals and associated personnel, given the fact that they are also often targeted because of their activities in gathering and disseminating information and for being part of "the press".
- 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
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 23
- Paragraph text
- In addition, the Special Rapporteur emphasizes the importance for journalists to be alert to the danger of discrimination being furthered by the media, and to do the utmost to avoid facilitating such discrimination based on, inter alia, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In this regard, the Special Rapporteur notes that, in accordance with international human rights law, any expression of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited, as should the dissemination of ideas based on racial superiority or hatred. Moreover, the Special Rapporteur encourages journalists to promote, through their work, a deeper understanding of racial, cultural and religious diversity, and to contribute to developing better intercultural relationships.
- 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
- Social & Cultural Rights
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 24
- Paragraph text
- Journalists play an essential watchdog role in ensuring transparency and accountability in the conduct of public affairs and other matters of general interest by keeping the public informed. However, it is their monitoring role and their ability to influence public opinion which frequently result in their becoming targets of various human rights violations, including abduction, arbitrary detention, assault, enforced disappearance, expulsion, extrajudicial killing, harassment, kidnapping, threats and acts of violence and of discrimination, imprisonment, persecution, and torture, as well as surveillance, search and seizure. Such acts constitute, first and foremost, a violation of journalists' right to freedom of expression and press freedom, as they are aimed at preventing journalists from reporting and expressing their opinions on sensitive issues. Attacks against journalists also constitute a violation of the right of the public to receive information.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 25
- Paragraph text
- The most severe form of violence against journalists is what has often been referred to as "censorship by killing". According to IFJ, 139 journalists and media personnel were killed worldwide in 2009; 113 (81 per cent) of those deaths were the result of targeted killings. In addition, according to the Committee to Protect Journalists (CPJ), the number of journalists and media personnel killed in 2009 represented the highest number of such deaths recorded since 1992, owing largely to the massacre of 30 journalists and media workers in the Maguindanao province of the Philippines on 23 November 2009. The Special Rapporteur notes that the six countries with the highest number of journalists killed in 2009 are, in descending order, the Philippines, Somalia, Iraq, Pakistan, Mexico and the Russian Federation.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 28
- Paragraph text
- Perhaps one of the biggest factors exacerbating the risk of threats and actual acts of violence against journalists is impunity, or the lack of investigation of acts committed and prosecution of persons responsible. As the Special Rapporteur noted in his most recent report to the Human Rights Council, perpetrators have enjoyed total impunity in 94 per cent of cases in which journalists were murdered in 2009, while the percentage of cases in which even some partial measure of justice has been obtained has been minimal. The fact that persons responsible for the killings are not brought to account emboldens others who would prefer journalists to remain silent to follow suit, thus perpetuating a vicious circle, which, in the long term, has a "corrosive and corrupting effect on society as a whole", as underscored by the Secretary-General.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 30
- Paragraph text
- Journalists, confronted with attacks, threats and possible imprisonment, are often forced to flee their home countries to avoid risking their lives. Since 2001, more than 500 journalists have reportedly fled their countries of origin, and 454 remained in exile as at June 2010. At least 85 journalists fled their home countries between 1 June 2009 and 31 May 2010, double the number recorded in the previous year. In addition, at least 29 editors, reporters and photographers have fled the Islamic Republic of Iran since June 2009, the highest annual tally from a single country in a decade. Moreover, the exile rate of journalists fleeing Africa has allegedly tripled over the past year, with at least 42 journalists, most of them from Ethiopia and Somalia, fleeing their homes.
- 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
- Movement
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 31
- Paragraph text
- The Special Rapporteur would like to draw attention to the difficulties faced by journalists who are forced to leave their countries of origin, as less than a third of exiled journalists are able to continue to work in their profession. They also encounter challenges as they attempt to establish a new legal status and adjust to different languages and cultures. The recipient States have an obligation to grant refugee status to journalists who meet the criteria stipulated in article 1A of the 1951 Convention relating to the Status of Refugees, not to expel or return them to the frontiers of territories where their life or freedom would be threatened, and to ensure that journalists in exile enjoy their rights. However, the Special Rapporteur would like to stress the obligation of all States to guarantee the protection of journalists 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)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 33
- Paragraph text
- The right of all individuals to freedom of opinion and expression is stipulated in article 19 of the Universal Declaration of Human Rights and article 19(2) of the International Covenant on Civil and Political Rights, which states that "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The Special Rapporteur notes that 166 States, or the majority of the States Members of the United Nations, have ratified the International Covenant on Civil and Political Rights, while 72 States are signatories.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 34
- Paragraph text
- The Special Rapporteur would like to reiterate that under international human rights law, as stipulated in, inter alia, article 2 of the International Covenant on Civil and Political Rights, States have the obligation to respect and to ensure to all individuals within its territory and subject to its jurisdiction the right to freedom of opinion and expression. The obligation to respect entails that States must refrain from restricting the exercise of all individuals' right to freedom of opinion and expression, unless certain criteria under article 19(3) of the Covenant are met, as elaborated below. The obligation to ensure the right constitutes a positive duty to: (a) protect individuals against acts committed by non-State actors and (b) fulfil, or facilitate the enjoyment of, the right.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 38
- Paragraph text
- The obligation to fulfil or to facilitate the enjoyment of the right to freedom of expression requires States to take positive and proactive measures, including, for example, allocating sufficient attention and resources to prevent attacks against journalists and taking special measures to address such attacks, including providing protection for journalists. It also encompasses the obligation to create conditions to prevent violations of the right to freedom of expression, including by ensuring that relevant national legislation complies with their international human rights obligations and is effectively implemented.
- 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 39
- Paragraph text
- In addition, States have an obligation to investigate threats and acts of violence against journalists promptly, thoroughly and effectively through independent and impartial bodies. Following investigations, States must ensure that those responsible are brought to justice so as to prevent impunity, and make reparation to individuals whose rights have been violated. The latter generally entails appropriate compensation and can involve, where appropriate, restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 41
- Paragraph text
- In sum, international human rights law guarantees the right to freedom of expression of all individuals, including journalists, as well as their right to life, liberty and security, among other rights. However, despite those existing norms and standards, attacks against journalists continue, as highlighted above (see paras. 24-31). The Special Rapporteur strongly emphasizes the need for States to abide by their international obligations by taking more effective action on the ground to ensure the effective protection of journalists, especially where there is a pattern of attacks against them.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 42
- Paragraph text
- The Special Rapporteur would like to underscore the key role that journalists play in situations of armed conflict, as they shed light on events unfolding on the battlefield, including potential abuses and violations of international human rights and humanitarian law committed by parties to a conflict. In the Randal case, the Appeals Chamber of the International Tribunal for the Former Yugoslavia noted that journalists working in war zones served "a public interest" because they "play a vital role in bringing to the attention of the international community the horrors and reality of conflict". In addition, in his report to the Security Council on the protection of civilians in armed conflict, the Secretary-General highlighted the important role of the media and information in the context of humanitarian operations, noting that the awareness of distant events allows informed assessment and helps humanitarian agencies to shape an appropriate response before going into a conflict area.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 43
- Paragraph text
- The Special Rapporteur recognizes that war reporting is inherently dangerous, as journalists are exposed to dangers arising from military operations and, instead of fleeing the combat zone, often seek proximity. In his most recent reports on the protection of civilians in armed conflict, the Secretary-General also expressed concern regarding the increasing number of journalists and media assistants killed or injured while reporting from areas of conflict, highlighting the fact that fatalities have resulted from excessive risk-taking, crossfire, or deliberate targeting by parties to a conflict. In addition, owing to their work, journalists are often suspected of being spies during armed conflicts and are either "eliminated" or used deliberately as "bargaining chips" by warring parties.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 44
- Paragraph text
- While being present in zones of conflict inevitably augments the risks posed to journalists' lives, the Special Rapporteur would like to stress that, increasingly, journalists are deliberately targeted and their work obstructed. Indeed, their role in exposing human rights abuses and atrocities and unpopular opinions or situations place them at risk of being subjected to various forms of harassment and attacks by warring parties who would prefer them to remain silent. Such acts take many forms and can range from denial of access to certain areas, censorship and harassment, abductions, arbitrary arrest and detention and enforced or involuntary disappearances to killings. Although more journalists are killed in non-conflict situations than during armed conflict (see para. 27 above), it is also worth noting that half of the countries listed as the 20 most dangerous for journalists by the Committee to Protect Journalists (CPJ) are or were in situations of armed conflict (Afghanistan, Algeria, Colombia, Iraq, Israel and the Occupied Palestinian Territories, Somalia, Sierra Leone, Sri Lanka and Rwanda).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 45
- Paragraph text
- Death is not the only result of attacks against journalists: those who return from conflict zones or dangerous assignments often suffer from post-traumatic stress disorder and other negative psychological consequences, as well as permanent physical injuries. The Special Rapporteur therefore stresses the importance of ensuring that journalists, media professionals and associated personnel receive safety and first-aid training, that they are appropriately equipped and insured and that effective follow-up is provided to them after they have been on a dangerous assignment.
- 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
- Health
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 46
- Paragraph text
- One of the factors which makes it difficult to ensure the safety and protection of journalists in situations of conflict is that many current conflicts involve not States with regular armies fighting each other, but non-State actors who flout international humanitarian or human rights law. In addition, modern conflicts have become more complex owing to the involvement of multiple non-State actors, as well as the so-called "civilianization" of armed conflict and the use of new means and methods of warfare. Such factors undoubtedly exacerbate the manifold dangers faced by journalists and other media professionals.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 48
- Paragraph text
- International humanitarian law protects journalists and other media professionals in times of armed conflict. In an international armed conflict, a journalist is entitled to all rights and protection granted to civilians, as stipulated in article 79 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I). The same protection also applies to non-international armed conflicts during which journalists are considered to be civilians by virtue of customary international law. Hence, although there are only two explicit references to media personnel under international humanitarian law (article 79 of Additional Protocol I, regarding journalists engaged in dangerous professional missions in areas of armed conflict, and article 4A(4) of the Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention), regarding, inter alia, war correspondents), all provisions related to the protection of civilians in the four Geneva Conventions and the Additional Protocols thereto are applicable to 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)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 49
- Paragraph text
- Most important, as civilians, journalists are protected against direct attacks unless and for such time as they take direct part in hostilities. Violations of this rule constitute a grave breach of the Geneva Conventions and Additional Protocol I, and an intentional attack against a civilian also amounts to a war crime under the Rome Statute of the International Criminal Court, in both international and non international armed conflicts. With regard to acts amounting to direct participation in hostilities, the Special Rapporteur would like to stress that, as clarified by the International Committee of the Red Cross (ICRC), three cumulative requirements must be met: (a) the act must be likely to adversely affect the military operations or military capacity of a party to an armed conflict or, alternatively, to inflict death, injury or destruction on persons or objects protected against direct attack (threshold of harm); (b) there must be a direct causal link between the act and the harm likely to result either from that act or from a coordinated military operation of which the act constitutes an integral part (direct causation); and (c) the act must be specifically designed to directly cause the required threshold of harm in support of a party to the conflict and to the detriment of another (belligerent nexus). Hence, journalists performing tasks in the conduct of their profession, such as recording videos, taking photographs or recording information solely for the purpose of informing the public, are not considered as direct participants in hostilities, and thus do not lose their protection as civilians under 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)
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 52
- Paragraph text
- The Special Rapporteur would like to highlight the fact that, in addition to being afforded protection under international humanitarian law as civilians, journalists and other media professionals are protected under international human rights law even during armed conflict. Indeed, as emphasized by, inter alia, the Human Rights Committee, in situations of armed conflict, international humanitarian law and international human rights law are not mutually exclusive, but complementary. As such the obligation of States to respect, protect and fulfil the right of all individuals to freedom of expression, as well as their right to life, liberty and security (see section III.B above), continue to apply during armed conflict alongside 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 54
- Paragraph text
- Various stakeholders have addressed the issue of the protection of journalists in armed conflict, including United Nations bodies and civil society organizations. On 23 December 2006, the Security Council adopted a landmark resolution on the protection of journalists in armed conflict (resolution 1738 (2006)), in which it expressed its deep concern regarding the frequency of deliberate attacks against journalists, media professionals and associated personnel in armed conflict, in violation of international humanitarian law, and called upon all parties to an armed conflict to put an end to such practices. It also emphasized the responsibility of States, as well as their obligation to end impunity and to prosecute those responsible for serious violations. In accordance with the request made by the Security Council through that resolution, the Secretary-General has included a section on the protection of journalists in armed conflict in his reports on the protection of civilians in armed conflict.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 55
- Paragraph text
- The Special Rapporteur also welcomes the adoption by the Security Council of resolutions related to countries with regard to which it highlighted the importance of freedom of expression, expressed concern at the situation of journalists and media professionals, and encouraged peacekeeping and other missions to look into the issue. Moreover, on 14 January 2009, the Council adopted an updated aide-memoire for the consideration of issues pertaining to the protection of civilians in armed conflict, which contains a section dedicated to media and information and the protection of journalists. The aide-memoire condemned and called for the immediate cessation of attacks against journalists, media professionals and associated personnel in situations of armed conflict, and encouraged United Nations peacekeeping and other relevant missions authorized by the Security Council to include a mass media component that can disseminate information about international humanitarian law and international human rights 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 57
- Paragraph text
- In addition to welcoming the resolutions of the Human Rights Council, the Special Rapporteur welcomes the convening by the Council of a discussion panel focusing specifically on the protection of journalists in armed conflict during its fourteenth session, in which he participated. The Special Rapporteur is encouraged by statements made by States condemning attacks against journalists, reiterating the obligations under existing international standards to protect journalists in armed conflict, and stressing the importance of Security Council resolution 1738 (2006). While the issue is of ongoing concern, given the fact that more journalists are killed in non-conflict situations than in armed conflict, the Special Rapporteur would encourage the convening of another panel to consider, inter alia, the protection of journalists in situations where the threshold of armed conflict has not been reached.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 58
- Paragraph text
- UNESCO has also taken various initiatives relating to the protection of journalists as part of its mandate to defend freedom of expression and press freedom. For example, in 1997, the General Conference endorsed two major declarations on media assistance to conflict and post-conflict situations, as well as on the relationship between media and good governance. World Press Freedom Day 2007 focused on the theme of journalists' safety, and the participants adopted the Medellin Declaration on Securing the Safety of Journalists and Combating Impunity. In March 2008, the Intergovernmental Council of the International Programme for the Development of Communication (IPDC) adopted a decision on the safety of journalists and the issue of impunity, which gave IPDC a central role in monitoring the follow-up to killings condemned by the Director-General of UNESCO. The latest report by the Director-General to the Intergovernmental Council of IPDC, on the safety of journalists and the danger of impunity, was published in March 2010.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 59
- Paragraph text
- The Special Rapporteur would also like to highlight the essential role played by ICRC in protecting journalists and other media professionals in areas of conflict. ICRC contributes to making the rules that protect journalists and civilians known and better respected and, since 1985, it has maintained a permanent hotline (+41 79 217 32 85), which is at the disposal of journalists who find themselves in trouble in armed conflicts. Journalists, as well as their employers and relatives, may alert ICRC when a journalist is missing, wounded or detained in order to request assistance. The kind of protection services that can be provided by ICRC to journalists range from seeking verification of a reported arrest and access in the framework of ICRC detention visits, providing information to relatives and employers on the whereabouts of a journalist who is being sought, maintaining family links and actively tracing missing journalists, to evacuating wounded 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 60
- Paragraph text
- Several civil society organizations have also taken initiatives to address the issue of protection of journalists in armed conflict. CPJ, IFJ, the International News Safety Institute, the Press Emblem Campaign and Reporters without Borders, to name only a few, have contributed significantly to raising the awareness of the international community regarding attacks against journalists and their safety concerns. Their engagement covers a wide range of actions, from providing training to journalists to the systematic reporting of attacks against and killings of journalists. These organizations have also developed a range of handbooks, codes and guidelines and safety information for journalists and other media professionals.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 62
- Paragraph text
- In times of armed conflict, internal disturbance or natural disaster, ordinary citizens may become engaged in reporting activities. Such persons are usually referred to as "citizen journalists". While there is no universal definition of citizen journalism as such, the concept is usually understood as independent reporting, often by amateurs on the scene of an event, which is disseminated globally through modern media, most often the Internet (for example, through photo- or video-sharing sites, blogs, microblogs, online forums, message boards, social networks, podcasts, and so forth). New technologies have provided unprecedented access to means of global communication, and have therefore introduced new means of reporting on news and events around the world.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 63
- Paragraph text
- Citizen journalists are not trained professional journalists. At times, citizen journalism has been criticized as being unreliable or lacking objectivity. Nevertheless, the importance of this new form of journalism cannot be underestimated. Indeed, through a participatory approach, citizen journalists contribute to the creation of a richer diversity of views and opinions, including information about their communities and groups in need of particular attention, such as women, indigenous people and minorities, and play a critical watchdog role in countries where freedom of the press is not a reality. More important, they can provide an immediate, insider's view of a conflict or catastrophe, whereas professional journalists may not be granted access to places where hostilities unfold or may have to travel for days before reaching a disaster zone or area.
- 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
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 64
- Paragraph text
- Whether at the scene of a dramatic event or documenting and disseminating sensitive information, even during times of peace, citizen journalists often face risks similar to those faced by professional journalists, including acts of reprisal for their reporting activities. Citizen journalists have been subjected to acts of harassment and intimidation, including death threats, attacks against their physical integrity, arbitrary arrest and detention, prosecution, prison sentences and/or fines, and even assassination. Acts of harassment and intimidation often include repeated and unsupported police summonses, the targeting of their families, smear campaigns to discredit them and travel bans and other restrictions on movement.
- 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
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 66
- Paragraph text
- Since 2004, the Special Rapporteurs on the promotion and protection of the right to freedom of opinion and expression have sent numerous urgent appeals and letters of allegations to Member States on behalf of individuals whose rights were violated because they expressed themselves via the Internet, often on blogs. The following cases, described in communication reports of the Special Rapporteur which are available publicly, illustrate some of the challenges faced by citizen journalists. Responses of the States concerned, where provided, can be found in the relevant communication reports.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 67
- Paragraph text
- On 7 April 2006, the Special Rapporteur, together with the Special Representative of the Secretary-General on the situation of human rights defenders and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, sent an urgent appeal to the Government of Honduras in relation to the physical assault by armed men against a female member of the Lenca indigenous community and contributor to the "Indymedia" website because of her reporting activities on the human rights situation of her community.
- 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
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 68
- Paragraph text
- On 20 February 2009, the Special Rapporteur, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an urgent appeal to the Government of Egypt regarding the situation of an Egyptian citizen and student blogger who, on 6 February 2009, had been arrested and allegedly beaten outside his home in Qotour city by State Security Investigations officers. On his blog, he had criticized the Egyptian policy regarding Gaza, including the restrictions on humanitarian aid delivered through Egypt to Gaza.
- 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
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 69
- Paragraph text
- On 6 January 2010, the Special Rapporteur sent a letter of allegations to the Government of the Islamic Republic of Iran regarding ongoing concerns regarding the situation of journalists, bloggers and persons who express their views which are critical of the Government in the Islamic Republic of Iran. According to information received, several days prior to 7 December 2009 (National Student Day), various censorship measures were allegedly implemented to limit access to and the flow of information. On 5 December, Internet connections were reportedly blocked or slow, in particular in Tehran, Isfahan and Shiraz, affecting various websites, in particular those presenting views supportive of the opposition leader. Reports also claim that it was impossible to browse or send e-mails. Before and during the demonstrations, mobile phone connections and the Short Message Service (SMS) were also reportedly suspended or jammed. In addition, demonstrators who were using mobile phones to take photographs or to film the events were also allegedly arrested or had their phones seized by security forces.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 70
- Paragraph text
- On 9 July 2009, the Special Rapporteur, together with the Special Rapporteur on extrajudicial, summary or arbitrary executions, sent an urgent appeal to the Government of China in relation to violent clashes between Han and Uighurs during demonstrations in Urumqi, the capital of the Xinjiang Uighur Autonomous Region, during which at least 156 people were killed and more than 800 were injured. During the protests, mobile phone services were reportedly blocked and Internet connections minimized, with websites and online discussion forums ordered not to publish any material related to the protests.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 71
- Paragraph text
- In addition, the Special Rapporteur notes that States frequently utilize restrictive domestic legislation to investigate, arrest and sentence citizen journalists. Such laws include press and penal code provisions, emergency or national security laws and emerging Internet-specific laws and decrees. Examples of the use of such laws and the consequent violations of the rights of citizen journalists are highlighted below, based on urgent appeals and letters of allegations sent and press statements issued by the Special Rapporteur, which are already in the public domain.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 72
- Paragraph text
- National penal codes and press laws often contain vaguely defined provisions that criminalize criticism of Government or reporting on politically or socially sensitive topics, which are used to punish not only professional journalists, but also citizen journalists. For example, on 4 March 2005, the Special Rapporteur sent an urgent appeal to the Government of Malaysia with regard to the situation of a blogger who was reportedly under investigation for acts fostering religious disunity for comments posted on his blog regarding religion and politics. He faced imprisonment for a period of two to five years if found guilty under section 298A of the penal code.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 73
- Paragraph text
- On 15 July 2009, the Special Rapporteur, together with the Special Rapporteur on the situation of human rights defenders, sent an urgent appeal to the Government of Azerbaijan concerning a youth activist and a prominent video-blogger who, on 8 July 2009, together with a colleague, was physically assaulted by two men in civilian clothing while having lunch in a restaurant. Both reported the attack to the police and, as a result, they were interrogated for several hours and subsequently arrested. The following day, a preliminary hearing was held in their case, and the video-blogger and his colleague were charged with hooliganism under article 221 of the criminal code of Azerbaijan and remanded to two months pre-trial detention pending further investigation of the case. The hearing in their case was held in closed session. The assailants were present at their hearing only as witnesses, and remained free at the time the communication was sent.
- 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
- Violence
- Person(s) affected
- Activists
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 74
- Paragraph text
- On 13 July 2010, the Special Rapporteur issued a press statement regarding draft law 1415 of Italy on surveillance and eavesdropping for criminal investigations, whose provisions proposed the introduction of amendments to the penal code. The Special Rapporteur expressed his concern at the fact that, according to the draft provisions, anyone who was not accredited as a professional journalist could be sentenced to imprisonment for up to four years for recording any communication or conversation without the consent of the person involved and publicizing such information. He stated that such a severe penalty would seriously undermine all individuals' right to seek and impart information.
- 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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 90
- Paragraph text
- As restrictive national laws are used to justify harassment and interference with citizen journalists' freedom of expression, the Special Rapporteur urges States to fulfil their international human rights obligations by ensuring that legal provisions that criminalize freedom of expression, whether in the penal code, press law or elsewhere, are in conformity with international legal standards. When promulgating Internet-specific laws, States must ensure that they comply with article 19 of the International Covenant on Civil and Political Rights and the Universal Declaration on Human 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
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 95
- Paragraph text
- In addition, the Special Rapporteur encourages journalists and citizen journalists to be aware of the dangers involved before entering a conflict or disaster zone and to receive appropriate training, including knowledge of first aid and munitions. In this regard, the Special Rapporteur notes that a number of media organizations have formulated guidelines for journalists so that they can be better prepared for assignments in a war zone. Such guidelines include the International News Safety Institute safety code, the Charter for the Safety of Journalists Working in War Zones or Dangerous Areas, developed by Reporters without Borders, and the Journalist Safety Guide of CPJ.
- 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
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79g (iv)
- 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:] Any restrictions imposed on the exercise of a right must be "necessary", which means that the limitation or restriction must: Be proportionate to that aim and be no more restrictive than is required for the achievement of the desired purpose. The burden of demonstrating the legitimacy and the necessity of the limitation or restriction shall lie 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (i)
- 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:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 20 of the Covenant, which establishes that "any propaganda for war" and "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by 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)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (ii)
- 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:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 3, paragraph 1 (c), of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, which provides that States must ensure that their criminal law covers "producing, distributing, disseminating, importing, exporting, offering, selling or possessing [...] child pornography";
- 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
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (iii)
- 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:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 4 (a) of the International Convention on the Elimination of All Forms of Racial Discrimination, which establishes the requirement to "declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin";
- 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
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (iv)
- 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:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article III (c) of the Convention on the Prevention and Punishment of the Crime of Genocide, which states that "direct and public incitement to commit genocide" shall be punishable;
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79j
- 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:] In states of emergency which threaten the life of the nation and which have been officially proclaimed, States are permitted to temporarily suspend certain rights, including the right to freedom of expression. However, such suspensions shall be legitimate only if the state of emergency is declared in accordance with article 4 of the Covenant and general comment No. 29 of the Human Rights Committee. A state of emergency may not under any circumstances be used for the sole aim of restricting freedom of expression and preventing criticism of those who hold power;
- 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
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79k
- 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:] Any restriction or limitation must be consistent with other rights recognized in the Covenant and in other international human rights instruments, as well as with the fundamental principles of universality, interdependence, equality and non-discrimination as to race, colour, sex, language, religion, political or other belief, national or social origin, property, birth or any other status;
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 81i
- Paragraph text
- [The Special Rapporteur also wishes to stress that, as provided in paragraph 5 (p) of Human Rights Council resolution 12/16, restrictions on the following aspects of the right to freedom of expression are not permissible:] Discussion of government policies and political debate; reporting on human rights, government activities and corruption in government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups;
- 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
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 83
- Paragraph text
- The Special Rapporteur believes that any attempt to criminalize freedom of expression as a means of limiting or censuring that freedom must be resisted. He therefore encourages all efforts to decriminalize acts considered to be acts of defamation and to make civil liability proceedings the sole form of redress for complaints of damage to reputation. However, civil penalties for defamation should not be so heavy as to block freedom of expression and should be designed to restore the reputation harmed, not to compensate the plaintiff or to punish the defendant; in particular, pecuniary awards should be strictly proportionate to the actual harm caused, and the law should give preference to the use of non-pecuniary remedies, including, for example, apology, rectification and clarification.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 85
- Paragraph text
- On this basis, and recalling the Joint Declaration issued by the International Mechanisms for Promoting Freedom of Expression in 2008: "The concept of 'defamation of religions' does not accord with international standards regarding defamation, which refer to the protection of the reputation of individuals, while religions, like all beliefs, cannot be said to have a reputation of their own." The Special Rapporteur reiterates that, in his point of view, it is conceptually incorrect to present the issue of "defamation of religions" in an abstract manner as a conflict between the right to freedom of religion and belief and the right to freedom of opinion and expression.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 27
- Paragraph text
- The importance of the right to freedom of opinion and expression for the development and reinforcement of truly democratic systems lies in the fact that this right is closely linked to the rights to freedom of association, assembly, thought, conscience and religion, and participation in public affairs. It symbolizes, more than any other right, the indivisibility and interdependence of all human rights. As such, the effective enjoyment of this right is an important indicator with respect to the protection of other human rights and fundamental freedoms.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 29
- Paragraph text
- Furthermore, freedom of opinion and expression, although an individual right in the broadest sense of its enjoyment, is also a collective right. It endows social groups with the ability to seek and receive different types of information from a variety of sources and to voice their collective views. This freedom extends to mass demonstrations of various kinds, including the public expression of spiritual or religious beliefs or of cultural values. It is also a right of different peoples, who, by virtue of the effective exercise of this right, may develop, raise awareness of, and propagate their culture, language, traditions and values.
- 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
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 31
- Paragraph text
- The Human Rights Committee has emphasized the importance of the right of citizens to be informed of the activities of public officials and to have access to information that will enable them to participate in political affairs. In a democracy, the right of access to public information is fundamental in ensuring transparency. In order for democratic procedures to be effective, people must have access to public information, defined as information related to all State activity. This allows them to take decisions; exercise their political right to elect and be elected; challenge or influence public policies; monitor the quality of public spending; and promote accountability. All of this, in turn, makes it possible to establish controls to prevent the abuse of power.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 32
- Paragraph text
- Governments should take the necessary legislative and administrative measures to improve access to public information for everyone. There are specific legislative and procedural characteristics that any access-to-information policy must have, including: observance of the principle of maximum disclosure; the presumption of the public nature of meetings and key documents; broad definitions of the type of information that is accessible; reasonable fees and time limits; independent review of refusals to disclose information; and sanctions for noncompliance.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 33
- Paragraph text
- If mechanisms to promote the right of access to public information are lacking, then the members of society will not be informed or able to participate, and decision-making will not be democratic. Consequently, the Special Rapporteur urges Governments to adopt legislation to ensure access to public information and to establish specific mechanisms for that purpose. He therefore welcomes the initiative of the United Mexican States to set up the Federal Institute of Access to Public Information (IFAI) as an independent national body.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 34
- Paragraph text
- An important aspect of access to public information is access to historical information and archives and to information on current procedures that may shed light on human rights violations. Such access allows victims to exercise their right to truth, bearing in mind that the truth is the first step towards the right to justice and then the right to compensation, which are fundamental rights of victims. Victims not only have the right to establish the truth: why, how and who violated their human rights; they also have the right to make it public if they so wish, and this is particularly the case when they wish to honour the memory of those whose right to life has been violated.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 38
- Paragraph text
- Accordingly, the Special Rapporteur considers that, in order to achieve the Millennium Development Goals, the right of access to electronic communications and freedom of opinion and expression in general must be guaranteed. It is therefore necessary to reduce the digital divide and the gap in technological progress between developed and developing nations, in line with the recommendations contained in the Millennium Declaration (General Assembly resolution 55/2, para. 20). In particular, target 5 of goal 8 states: "in cooperation with the private sector, make available the benefits of new technologies, especially information and communications".
- 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 44
- Paragraph text
- Everyone has the right to access the information needed to form opinions or to take decisions. However, women, in particular, have sometimes been denied full enjoyment of this right and, in extreme cases, this has led to them being denied information or the education they need. In cases where the State has failed to promote and ensure access to information and education, to means of expressing opinions, and to health and anti-violence programmes, this failure has had a negative impact on women's ability to make informed decisions freely. Therefore, the Special Rapporteur considers that Governments should prioritize women's education and access to information in their 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)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 46
- Paragraph text
- Similarly, in its general recommendation No. 23, the Committee on the Elimination of Discrimination against Women (para. 20 (a)) states that one of the obstacles (in addition to illiteracy and a lack of knowledge and understanding of political systems) to the exercise of women's right to vote and to be elected is that their access to information about candidates, party political platforms and voting procedures is more restricted than men's. In this regard, the Special Rapporteur highlights shortcomings in civil registry systems that must be remedied.
- 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
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 47
- Paragraph text
- It is, therefore, fitting to recall the important contribution made by the Beijing Platform for Action of 1995, in which particular concern was expressed about the continued projection of negative and degrading images of women and about their unequal access to information technology. Governments were therefore called upon to empower women by enhancing their skills, knowledge, access to information technology and role in the development of new technologies. The Special Rapporteur considers that the exercise of the freedom of expression necessarily implies an increase in women's participation in public affairs and in their involvement in decision-making on issues that may directly influence 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 51
- Paragraph text
- The evolution of one's own thinking, the ability to express one's thoughts clearly and the capacity to use alternative means of expression, such as art and electronic and audiovisual means of communication, begin to be developed in childhood. Therefore, child protection programmes should make a special effort to focus on respect for children's freedom of opinion and expression. Early stimulation and learning programmes should also be promoted, as should full access to schooling and participatory educational programmes that encourage critical thinking, the capacity for expression and a culture of peace.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 56
- Paragraph text
- Freedom of opinion and expression and access to communication are tools that can contribute to the eradication of poverty. By exercising this right, poor social groups can obtain information, assert their rights and participate in the public debate concerning social and political changes that would improve their situation. Access to communication is also fundamental to economic and social development because it enables communities to obtain the information they need to run their own activities. Governments should therefore ensure access to communication, in general, and to electronic means of communications, in particular, in order to combat poverty.
- 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
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 57
- Paragraph text
- Recalling the Colombo Declaration of 2006 on media, development and poverty eradication, which states in paragraph 1: "Freedom of expression should be made available to all. It requires effective local participation to empower individuals and groups to address poverty, hunger, disease, discrimination, vulnerability, social exclusion, environmental degradation and education." The Declaration also calls on Governments to "expand the reach of information and communication technologies especially to poor and marginalized populations".
- 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
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 58
- Paragraph text
- In this context, the independent expert on the question of human rights and extreme poverty asserted that "[e]ffective and meaningful participation by people living in poverty requires that a broad set of rights are respected, protected and fulfilled, including freedom of expression […] In practice, this requires the establishment of specific mechanisms and arrangements at different levels to ensure that there are ways in which those living in poverty have a voice and play an effective part in the life of the community".
- 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
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 60
- Paragraph text
- Article 16 of the United Nations Declaration on the Rights of Indigenous Peoples states that indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination. Therefore, the Special Rapporteur considers that, in addition to fulfilling their duty to ensure freedom of opinion and expression, it is of paramount importance for Governments to honour their obligation to promote indigenous cultural diversity in the public and private media.
- 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
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 63
- Paragraph text
- In accordance with general comment No. 23 of the Human Rights Committee on the rights of minorities (article 27 of the Covenant), the Special Rapporteur recalls that even when individuals are not citizens of the State where they live or happen to be, "a State party is required […] to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction" (para. 5.1). The Special Rapporteur also reiterates that migrants and migrant communities, regardless of their legal migratory status, are fully entitled to exercise freedom of expression.
- 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
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 65
- Paragraph text
- The final declaration of the Durban Review Conference made an important contribution to our understanding of the role of freedom of expression in combating discrimination and racism, highlighting, in paragraph 58 of the outcome document, "that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society and stresses further the role these rights can play in the fight against racism, racial discrimination, xenophobia and related intolerance worldwide". In this regard the Special Rapporteur encourages all Governments to develop a culture of peace based on information, the free exchange of ideas and knowledge, dialogue and tolerance between cultures in order to promote respectful intercultural relations and to break down existing stereotypes and prejudices.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 66
- Paragraph text
- The right to freedom of opinion and expression includes the freedom for minority and excluded groups to give, receive and transmit information. Community-based media are effective ways to accomplish that, and it is the duty of Governments to assist and support them in doing so and to ensure equitable access. The Special Rapporteur reiterates the call to Governments, made in paragraph 3 of the relevant section of the Colombo Declaration, to "develop national policies that address access to, and participation in, information and communication for people living in poverty, including access to licenses and fair spectrum allocation".
- 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
- Poverty
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 68
- Paragraph text
- The Special Rapporteur defines community-based media as non-governmental, public interest radio stations and print media that are run by civil society institutions, organizations or associations and any type of non-profit organization run by indigenous peoples for educational, informative, cultural or communal goals purposes. These media work for the development of different sectors of a territorial, ethno-linguistic or other community. They share their communities' interests, challenges and concerns and seek to improve the quality of life of their community and to contribute to the well-being for all its members. They must not be used as instruments for political campaigning.
- 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
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 72
- Paragraph text
- Although the right to freedom of expression is important for democracy and the exercise of other rights, as highlighted in section A, this right is not absolute. International law, and most national constitutions, recognize that the exercise of the right to freedom of expression carries with it special duties and responsibilities and may be restricted in certain exceptional circumstances. The right to freedom of opinion, on the other hand, is a right to which the Covenant permits no exception or restriction, as stated, inter alia, in general comment No. 10 of the Human Rights Committee.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 73
- Paragraph text
- In accordance with resolution 7/36 of the Human Rights Council, the mandate of the Special Rapporteur includes reporting on instances in which the abuse of the right of freedom of expression constitutes an act of racial or religious discrimination, as well as formulating recommendations and making suggestions concerning methods of promoting and protecting the right to freedom of opinion and expression in all its forms. Accordingly, as a contribution to the consideration of this issue, in this report the Special Rapporteur proposes a series of principles that will help to determine what constitutes a legitimate restriction or limitation on the right of freedom of opinion and expression and what constitutes an "abuse" of that right.
- 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 74
- Paragraph text
- Article 19, paragraph 3, of the International Covenant on Civil and Political Rights sets out three factors that should be taken into account when assessing whether restrictions are permissible: (a) they must be provided for by law; (b) they must be necessary; and (c) they must pursue one of the legitimate aims set forth in the article, i.e. (i) the respect of the rights or reputations of others; (ii) the protection of national security or public order (ordre public); or (iii) the protection of public health or morals. In addition, in its article 20, paragraph 2, the Covenant states that "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by 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)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 78
- Paragraph text
- The principles proposed in this document have been compiled by the Special Rapporteur from various public sources, including the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights (E/CN.4/1985/4, annex) and the general comments adopted by the Human Rights Committee, including No. 10 (article 19 of the Covenant), No. 11 (article 20 of the Covenant) and No. 27 (article 12 of the Covenant). Although general comment No. 27 concerns freedom of movement, it encapsulates the Human Rights Committee's position on permissible limitations on the rights established in the Covenant.
- 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
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 95
- Paragraph text
- The States concerned maintain that violence against journalists has varied causes, which may be true. However, the Special Rapporteur believes that States have a duty to carry out exhaustive investigations into each case and to bring criminal charges against those responsible. Failure to perform this duty creates a culture of impunity which perpetuates the violence. Systematically allowing those responsible for killing journalists or social communicators to go unpunished could be interpreted as tolerance or acquiescence on the part of 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
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 118
- Paragraph text
- States have an obligation to guarantee to all individuals the full enjoyment of the right to freedom of opinion and expression through any medium, while ensuring that their human rights are respected and protected. In particular, they should guarantee the full enjoyment of this right to all persons engaged in journalistic activities in places of internal conflict or war, where the nature of their work places them in a position of greater vulnerability; all social communicators are considered to be journalists for this purpose.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 124
- Paragraph text
- It is recommended that States, the media and financial institutions implement the recommendations set forth in the Colombo Declaration, which are aimed at strengthening the freedom of expression of marginalized sectors of society and their access to media of their own, including electronic media, with a view not only to promoting freedom of expression and democracy but also to combating poverty and meeting the Millennium Development Goals. It is also recommended that States establish a special fund to subsidize access (which requires both connectivity and the necessary equipment) to electronic media for all sectors.
- 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
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 27
- Paragraph text
- As noted in the recently adopted general comment No. 34 on article 19 of the International Covenant by the Human Rights Committee, articles 19 and 20 of the Covenant are compatible with and complement each other, and the acts that are addressed in article 20 are all subject to restriction pursuant to article 19, paragraph 3. Hence, a limitation that is justified on the basis of article 20 must also comply with article 19, paragraph 3. Moreover, the Committee has clarified that what distinguishes the acts addressed in article 20 from other acts that may be subject to restriction under article 19, paragraph 3, is that for the acts addressed in article 20, the Covenant indicates the specific response required from the State: their prohibition by law. It is only to this extent that article 20 may be considered as lex specialis with regard to article 19.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 28
- Paragraph text
- There are two key elements of the type of expression that is prohibited under article 20, paragraph 2, of the International Covenant: first, only advocacy of hatred is covered, and second, it must constitute incitement to one of the three listed results. Thus, advocacy of national, racial or religious hatred is not a breach of article 20, paragraph 2, of the Covenant on its own. Such advocacy becomes an offence only when it also constitutes incitement to discrimination, hostility or violence; in other words, when the speaker seeks to provoke reactions (perlocutionary acts) on the part of the audience, and there is a very close link between the expression and the resulting risk of discrimination, hostility or violence. In this regard, context is central to the determination of whether or not a given expression constitutes incitement.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 29
- Paragraph text
- As highlighted in joint papers for a series of expert workshops on the prohibition of incitement to national, racial or religious hatred organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2011, the Special Rapporteur remains concerned by the vague formulation of some domestic legal provisions that prohibit incitement. These include combating "incitement to religious unrest", "promoting division between religious believers and non-believers", "defamation of religion", "inciting to violation", "instigating hatred and disrespect against the ruling regime", "inciting subversion of state power" and "offences that damage public tranquillity". Such vague and broad terms clearly do not meet the criterion of legal clarity.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 30
- Paragraph text
- The Special Rapporteur reiterates that restrictions must be formulated in a way that makes clear that its sole purpose is to protect individuals from hostility, discrimination or violence, rather than to protect belief systems, religions or institutions as such from criticism. The right to freedom of expression implies that it should be possible to scrutinize, openly debate and criticize, even harshly and unreasonably, ideas, opinions, belief systems and institutions, including religious ones, as long as this does not advocate hatred that incites hostility, discrimination or violence against an individual or a group of individuals.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 35
- Paragraph text
- At the same time, as noted by the Working Group on Countering the Use of Internet for Terrorist Purposes, one of the nine working groups of the Counter-Terrorism Implementation Task Force, the available means to suppress content deemed to be incitement to terrorism are often "clumsy or ineffective, or both", and thus it may be more effective to devise strategies that work with the Internet rather than against it, including the dissemination of rapid counter-narratives to extremist messages which constitute incitement to terrorism.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 36
- Paragraph text
- That being the case, in addition to the prohibition of incitement to terrorism in domestic legislation, the Special Rapporteur notes that, at a practical level, a more effective strategy than attempting to restrict materials deemed to incite terrorism may be to use the Internet as a positive means of countering such incitement. Participants at the Riyadh Conference on the Use of the Internet to Counter the Appeal of Extremist Violence recommended, inter alia, that counter-narratives should be disseminated through all relevant media channels, including on social networking websites, to counter the appeal of extremist messages.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 37
- Paragraph text
- The four types of expression examined above (III.A) fall under the first category of the types of expression that constitute offences under international criminal law and/or international human rights law and which States are required to prohibit at the domestic level. However, as they all constitute restrictions to the right to freedom of expression, they must also comply with the three-part test of prescription by: unambiguous law; pursuance of a legitimate purpose; and respect for the principles of necessity and proportionality.
- 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
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 38
- Paragraph text
- The most common method of restricting the types of prohibited expression on the Internet is through the blocking of content (see III.A above). In this regard, the Special Rapporteur reiterates the recommendations made in his most recent report to the Human Rights Council that States should provide full details regarding the necessity and justification for blocking a particular website, and determination of what content should be blocked should be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences to ensure that blocking is not used as a means of censorship.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 39
- Paragraph text
- In addition, the Human Rights Committee has affirmed that any "restrictions on the operation of websites, blogs or any other Internet-based, electronic or other such information dissemination system, including systems to support such communication, such as Internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3 [of article 19]. Permissible restrictions generally should be content-specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government".
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 40
- Paragraph text
- Moreover, given the importance of the right to freedom of expression and free flow of information as a foundation for every free and democratic society, the Special Rapporteur underscores that all other types of expression that are not mentioned above should not be criminalized, including defamation laws aimed at protecting the reputation of individuals, as criminalization can be counter-effective and the threat of harsh sanctions exert a significant chilling effect on the right to freedom of expression. Furthermore, the Special Rapporteur reiterates the view that for the types of expression that do not rise to criminal or civil sanctions, but still raise concerns in terms of civility and respect for others, effort should be focused on addressing the root causes of such expression, including intolerance, racism and bigotry by implementing strategies of prevention.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 42
- Paragraph text
- Furthermore, the Special Rapporteur stresses that, as stipulated in Human Rights Council resolution 12/16 (para. 5 (p) (i)), the following types of expression should never be subject to restrictions: discussion of government policies and political debate; reporting on human rights, government activities and corruption in government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups.
- 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
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 45
- Paragraph text
- In addition to the availability of relevant content online which is free of censorship, the Special Rapporteur also notes the importance of ensuring that individuals possess the necessary skills to make full use of the Internet, or what is often referred to as "digital literacy". The Special Rapporteur encourages States to provide support for training in information and communications technology (ICT) skills, which can range from basic computer skills to creating web pages. In terms of the right to freedom of expression, course modules should not only clarify the benefits of accessing information online, but also of responsibly contributing information, which can also contribute to combating the third type of expression mentioned above.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 46
- Paragraph text
- In addition, the Special Rapporteur believes that Internet literacy should be included in school curricula, as well as in learning modules outside of schools. One example is the ThutoNet programme in Botswana, which will not only provide all schools in Botswana with computers and access to the Internet, but will train teachers on how to use ICT as a classroom tool, including formal ICT education as part of the school curriculum. This programme aims to assist the country's children for success in the digital age, and will also involve the development of locally produced educational software to assist with e-learning and to ensure local content and subject relevance.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 48
- Paragraph text
- Moreover, the Special Rapporteur calls upon States to empower marginalized groups by ensuring that they receive effective digital literacy training. As the Special Rapporteur has noted in his previous reports, it is critical to strengthen the voice of those without power, especially people living in extreme poverty. Having access to the Internet allows people who are disadvantaged, discriminated against or marginalized to obtain information, assert their rights and participate in the public debate concerning social and political changes. Furthermore, the Internet allows minorities and indigenous peoples to express and reproduce their cultures, language and traditions, preserving their heritage and making a valuable contribution to others in a truly multicultural world. However, basic ICT skills are essential if users are to benefit from the full potential of the Internet.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 51
- Paragraph text
- The Special Rapporteur underscores that the needs of persons with disabilities should be taken into account when designing and implementing Internet infrastructure at all levels. This can be in relation to distribution, user facilities as well as access devices. Some positive examples include the "Community Access" programme in Canada, which seeks to provide an appropriate number of sites with enhanced accessibility to meet the broad range of needs of persons with disabilities. The programme also aims to provide Internet access to less likely users, such as individuals with low incomes, rural or Aboriginal population, the elderly and immigrants.
- 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
- Persons on the move
- Persons with disabilities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 52
- Paragraph text
- In the United States of America, the Senate unanimously passed the "Twenty-first Century Communications and Video Accessibility Act" in 2010. The Act seeks to ensure full access for users who are deaf, hard of hearing, late deafened or deaf-blind to evolving high-speed broadband, wireless and other Internet protocol technologies. Moreover, the Act stipulates that accessibility features are preserved when materials are offered online, that telephones used over the Internet must be compatible with hearing aids and that television programmes must also be captioned when delivered over the Internet.
- 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
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 55
- Paragraph text
- Other positive initiatives to overcome language barriers include, for example, the World Digital Library, which provides free, multilingual access to documentary heritage held in institutions around the world, aimed at a diverse audience, from students, teachers to ordinary members of the public. Furthermore, the content is contributed by partner institutions in the language of origin and is accessed through an interactive interface in seven languages, and allows for voice enabled browsing and can allow easy access to people with visual disabilities.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 58
- Paragraph text
- The Special Rapporteur underlines the importance of equal and effective access to the Internet for women, which can play a key role in promoting their empowerment. Indeed, as highlighted in the latest report by the Broadband Commission, the Internet promotes empowerment by connecting women to a wide range of resources, for example to improve health, bolster education, allow for informed decisions and pursue economic opportunities. In this regard, there is an ongoing research project in India, which focuses on how ICT, such as mobile phone services, can facilitate women's entrepreneurship in the country, and also seeks to identify factors which enhance the ability of technology to transform women's economic experiences.
- 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
- Gender
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 61
- Paragraph text
- Although access to the Internet is not yet a human right as such, the Special Rapporteur would like to reiterate that States have a positive obligation to promote or to facilitate the enjoyment of the right to freedom of expression and the means necessary to exercise this right, which includes the Internet. Moreover, access to the Internet is not only essential to enjoy the right to freedom of expression, but also other rights, such as the right to education, the right to freedom of association and assembly, the right to full participation in social, cultural and political life and the right to social and economic 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)
- Civil & Political Rights
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 64
- Paragraph text
- Public and private policies aimed at extending Internet access have substantially increased the presence of Internet facilities in developing States. Yet despite these efforts, Internet usage is still lagging in developing States, perpetuating the "digital divide", a term that refers to the gap between people with effective access to digital and information technologies, in particular the Internet, and those with very limited or no access at all. In his previous report, the Special Rapporteur expressed concern that without Internet access, which facilitates economic development and the enjoyment of a range of human rights, marginalized groups and developing States remain trapped in a disadvantaged situation, thereby perpetrating the existing socio-economic disparities both within and between States.
- 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
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 65
- Paragraph text
- There are a number of factors that pose challenges to ensuring Internet access at the national level. For example, in many countries, the Internet market, and particularly the backbone infrastructure and international gateway, remain under the monopoly of one or very few telecommunications operators. Furthermore, both limited competition and scarce international Internet bandwidth tend to keep prices for Internet access high and often unaffordable in the area of fixed broadband access. Moreover, the relatively high cost of accessing the Internet and the purchase of basic equipment makes it impossible for many people to have Internet access at home, with public access the only way to go online.
- 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 66
- Paragraph text
- To overcome these barriers, it is particularly important for States to play a proactive role, for example, by making the Internet more affordable, and by allowing as many people as possible to have Internet access at home while at the same time ensuring public access for people in rural areas and for people with low income levels. States can use their regulatory powers in circumstances where competition is limited, as a way to limit costs. States should also consider the possibility of subsidizing Internet services and the necessary hardware to facilitate access to the poorest sectors of the population.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 68
- Paragraph text
- An increasing number of web services require high-speed Internet connectivity, in particular to access content on video-oriented websites. Thus, to effectively use the Internet, broadband access is increasingly becoming the norm. However, there is also a significant digital divide between those who enjoy fast access to multimedia content online and those still struggling with slow, shared dial-up links. The Special Rapporteur notes that, according to ITU, 24.6 per cent of inhabitants in developed States have access to fixed broadband Internet connection, versus 4.4 per cent in developing States.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 70
- Paragraph text
- The importance of the Internet as an educational tool needs to be properly recognized. It provides access to a vast and expanding source of knowledge, supplements or transforms traditional forms of schooling and makes, through "open access" and active initiatives, previously unaffordable scholarly research available to people in developing States. Internet access allows students, teachers and parents alike to communicate more frequently and to keep abreast of the latest developments and issues related to their fields. Furthermore, the educational benefits attained from Internet usage directly contribute to the human capital of States. Therefore, the Special Rapporteur believes that access to the Internet will progressively be a key element of the right to education.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 79
- Paragraph text
- The general rule should be to maintain openness and the free flow of information over the Internet, with limitations, which should conform to the criteria established under international human rights law, as the exception. To protect the right to freedom of expression from undue restrictions, the Special Rapporteur has attempted to distinguish the types of expression: (a) which constitute an offence under international law and which States are required to prohibit; (b) which are not criminally punishable but may justify a civil suit; and (c) which do not give rise to criminal or civil sanctions, but still raise concerns in terms of tolerance, civility and respect for others. Each category poses different issues of principle, and thus requires different legal responses, as highlighted 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 81
- Paragraph text
- States are obliged to guarantee a free flow of ideas and information and the right to seek and receive as well as to impart information and ideas over the Internet. States are also required under international law to prohibit under its criminal law the following types of content: (a) child pornography; (b) direct and public incitement to commit genocide; (c) advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence; and (d) incitement to terrorism. However, the Special Rapporteur reminds all States that any such laws must also comply with the three criteria of restrictions to the right to freedom of expression, namely: prescription by unambiguous law; pursuance of a legitimate purpose; and respect for the principles of necessity and proportionality.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 82
- Paragraph text
- With regard to technical measures taken to regulate the above-mentioned type of prohibited expression, such as the blocking of content, the Special Rapporteur reiterates that States should provide full details regarding the necessity and justification for blocking a particular website and that the determination of what content should be blocked must be undertaken by a competent judicial authority or a body that is independent of any political, commercial or other unwarranted influences in order to ensure that blocking is not used as a means of censorship.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 83
- Paragraph text
- The Special Rapporteur recommends that all other types of expression which do not fall under the above-mentioned category be decriminalized, as criminalization may be counter-effective and the threat of harsh sanctions can exert a significant chilling effect on the right to freedom of expression. Moreover, States should focus their efforts on combating the root problems of racist or offensive speech, such as bigotry and bias, which includes promoting more speech to counter such negative types of expression, improving understanding among peoples of the world and building a culture of peace.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 84
- Paragraph text
- Enabling individuals to effectively use the content made available via the Internet requires a number of elements, including the skills to use the technology. The Special Rapporteur thus recommends that States include Internet literacy skills in school curricula and support similar learning modules outside of schools. In addition to basic skills training, modules should clarify the benefits of accessing information online and of responsibly contributing information. Training can also help individuals learn how to protect themselves against harmful content, such as the potential consequences of revealing private information on the Internet, as well as against undue restrictions by States or corporations through the use of encryption or circumvention technology.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 85
- Paragraph text
- The Special Rapporteur encourages the translation of websites into multiple languages, including languages spoken by minorities and indigenous peoples, and their accessibility to persons with disabilities. Allowing people speaking different languages or with disabilities to participate in the same communication platform facilitates a truly global society. In addition, he recommends that all States ensure that all relevant governance information, including on the local levels, is available and accessible in the language of all those concerned.
- 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
- Ethnic minorities
- Persons with disabilities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 88
- Paragraph text
- Moreover, given the essential role played by the Internet to facilitate the enjoyment of the right to freedom of opinion and expression, as well as other rights, such as education, freedom of association and assembly, citizen participation and economic and social development, the Special Rapporteur believes that it is not only important but imperative that States adopt effective and concrete policies and strategies, developed in consultation with individuals from all segments of society, including the private sector and relevant Government ministries, in order to make the Internet widely available, accessible and affordable to all, based on the principles of non-discrimination of any kind, including on the grounds of race, colour, sex, language, disability, economic origin or any other status.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 89
- Paragraph text
- In particular, the Special Rapporteur recommends that States take proactive measures to ensure that Internet connectivity is available on an individual or communal level in all inhabited localities of the State, by working on initiatives with the private sector, including in remote or rural areas. Such measures involve the adoption and implementation of policies that facilitate access to Internet connection and to low-cost hardware, including in remote and rural areas, including the subsidization of service, if necessary.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 10
- Paragraph text
- The Internet has become a vital communications medium which individuals can use to exercise their right to freedom of expression, or the right to seek, receive and impart information and ideas of all kinds, regardless of frontiers, as guaranteed under articles 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Like no other communications medium before it, the Internet allows individuals to communicate instantaneously and inexpensively, and it has had a dramatic impact on the way information and ideas are shared and accessed, and on journalism itself.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 11
- Paragraph text
- While the Internet offers new and expanded opportunities to disseminate and access information and ideas of all kinds, it would be naive and dangerous to ignore its simultaneous use as a tool to monitor, identify, locate and target individuals who disseminate critical or sensitive information via the Internet. Moreover, the vast amount of personal information that is made available online, including through social networking sites, also pose serious concerns regarding the right to privacy, such as who has access to specific personal information, how the information is used, and whether, and for how long, the information is stored. The Special Rapporteur has previously underscored the importance of the role of Governments in fully guaranteeing the right to privacy of all individuals, without which the right to freedom of opinion and expression cannot be fully enjoyed.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 12
- Paragraph text
- Despite the potential for the Internet to be misused in illegal activities, the Special Rapporteur believes that the Internet can primarily be used as a positive tool to increase transparency over the conduct of those in power, access diverse sources of information, facilitate active citizen participation in building democratic societies and counter authoritarian regimes, as demonstrated by the "Arab spring". Hence, the Special Rapporteur would like to reiterate that, as a general rule, there should be as little restriction as possible to the flow of information on the Internet, except under a few, very exceptional and limited circumstances prescribed by international law for the protection of other human 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 14
- Paragraph text
- The Special Rapporteur reiterates that the framework of international human rights law, in particular the provisions relating to the right to freedom of expression, continues to remain relevant and applicable to the Internet. Indeed, by explicitly providing that everyone has the right to freedom of expression through any media of choice, regardless of frontiers, articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights were drafted with the foresight to include and accommodate future technological developments through which individuals may exercise this right.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 15a
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must be provided by law, which must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly and must be made accessible to the public;
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 15b
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must pursue one of the legitimate grounds for restriction set out in article 19, paragraph 3, of the International Covenant, namely (i) respect of the rights or reputation of others; or (ii) the protection of national security or of public order, or of public health or morals;
- 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
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 15c
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must be proven as necessary and proportionate, or the least restrictive means to achieve one of the specified goals listed above.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 16
- Paragraph text
- The Special Rapporteur welcomes the recently adopted general comment No. 34 of the Human Rights Committee on article 19 of the International Covenant, which underscores that when a State invokes a legitimate ground for restriction of the right to freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of the threat, the necessity and the proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 17
- Paragraph text
- The Special Rapporteur also deems it appropriate to reiterate that the restriction must not put in jeopardy the right itself, and the relationship between right and restriction and between norm and exception must not be reversed. In addition, any legislation restricting the right to freedom of expression must be applied by a body that is independent of any political, commercial or other unwarranted influences in a manner which is neither arbitrary nor discriminatory, and with adequate safeguards against abuse, including the possibility of challenge and remedy against its abusive application.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 18
- Paragraph text
- The Special Rapporteur underscores that there are differences between illegal content, which States are required to prohibit under international law, such as child pornography, and those that are considered harmful, offensive, objectionable or undesirable, but which States are neither required to prohibit nor criminalize. In this regard, the Special Rapporteur believes that it is important to make a clear distinction between three types of expression: (a) expression that constitutes an offence under international law and can be prosecuted criminally; (b) expression that is not criminally punishable but may justify a restriction and a civil suit; and (c) expression that does not give rise to criminal or civil sanctions, but still raises concerns in terms of tolerance, civility and respect for others. These different categories of content pose different issues of principle and call for different legal and technological responses.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 20
- Paragraph text
- Addressing child pornography online has become a major focus for regulation owing to the fact that the Internet has become the main gateway for the distribution of such content. The dissemination of child pornography is explicitly prohibited under international law, notably in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (defined in article 2 (c)). The Optional Protocol requires States parties to ensure that, as a minimum, producing, distributing, disseminating, importing, exporting, offering, selling or possessing child pornography (for purposes set out in article 3) are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis (article 3, para. 1 (c)).
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 21
- Paragraph text
- Child pornography is therefore a clear exception to the rule, and dissemination of content via the Internet is legitimately restricted, and States are even required to prohibit it as a criminal offence. As noted by the Special Rapporteur on the sale of children, child prostitution and child pornography in her report to the Council at its twelfth session, the relevant legislation should be clear and comprehensive and should treat child pornography on the Internet as a grave violation of the rights of the child and as a criminal act. The Special Rapporteur considers that child pornography constitutes an act of violence against children and an offence to their human dignity, which provokes more violence against children. Moreover, the victim's privacy must be protected and appropriate protection measures and care adapted to the needs and characteristics of children must be available.
- 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
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 22
- Paragraph text
- The Special Rapporteur underscores that, as with any limitation, legislation prohibiting the dissemination of child pornography through the Internet, for example through the use of blocking and filtering technologies, must be sufficiently precise, and that there must be adequate and effective safeguards against abuse or misuse, including oversight and review by an independent and impartial tribunal or regulatory body. In addition, the Special Rapporteur reiterates that given the links between the sale of children, trafficking in children, forced labour, child prostitution, sex tourism and child pornography, States must also go beyond blocking measures to address the root causes of exploitation of children in a holistic manner and must investigate and prosecute those responsible.
- 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
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 24
- Paragraph text
- Since the first conviction for the crime of incitement to commit genocide in 1998, this subject has become the focus of a substantial new body of jurisprudence. There are three defining requirements of the crime: it must be direct, public and committed with specific intent (mens rea). The International Criminal Tribunal for Rwanda has interpreted "direct and public" to include many forms of communication, by stating that "direct and public incitement must be defined … as directly provoking the perpetrator(s) to commit genocide, whether through speeches, shouting or threats uttered in public places or at public gatherings, or through the sale or dissemination, offer for sale or display of written material or printed matter in public places or at public gatherings, or through the public display or placards or posters, or through any other means of audiovisual communication".
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 20b
- Paragraph text
- [Indeed, the Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The latter provides that:] Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice;
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 20c
- Paragraph text
- [Indeed, the Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The latter provides that:] The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 21
- Paragraph text
- By explicitly providing that everyone has the right to express him or herself through any media, the Special Rapporteur underscores that article 19 of the Universal Declaration of Human Rights and the Covenant was drafted with foresight to include and to accommodate future technological developments through which individuals can exercise their right to freedom of expression. Hence, the framework of international human rights law remains relevant today and equally applicable to new communication technologies such as the Internet.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 22
- Paragraph text
- The right to freedom of opinion and expression is as much a fundamental right on its own accord as it is an "enabler" of other rights, including economic, social and cultural rights, such as the right to education and the right to take part in cultural life and to enjoy the benefits of scientific progress and its applications, as well as civil and political rights, such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other human 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)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 23
- Paragraph text
- The vast potential and benefits of the Internet are rooted in its unique characteristics, such as its speed, worldwide reach and relative anonymity. At the same time, these distinctive features of the Internet that enable individuals to disseminate information in "real time" and to mobilize people has also created fear amongst Governments and the powerful. This has led to increased restrictions on the Internet through the use of increasingly sophisticated technologies to block content, monitor and identify activists and critics, criminalization of legitimate expression, and adoption of restrictive legislation to justify such measures. In this regard, the Special Rapporteur also emphasizes that the existing international human rights standards, in particular article 19, paragraph 3, of the International Covenant on Civil and Political Rights, remain pertinent in determining the types of restrictions that are in breach of States' obligations to guarantee the right to freedom of expression.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 24a
- Paragraph text
- [As set out in article 19, paragraph 3, of the Covenant, there are certain exceptional types of expression which may be legitimately restricted under international human rights law, essentially to safeguard the rights of others. This issue has been examined in the previous annual report of the Special Rapporteur. However, the Special Rapporteur deems it appropriate to reiterate that any limitation to the right to freedom of expression must pass the following three-part, cumulative test:] It must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); and
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 24b
- Paragraph text
- [As set out in article 19, paragraph 3, of the Covenant, there are certain exceptional types of expression which may be legitimately restricted under international human rights law, essentially to safeguard the rights of others. This issue has been examined in the previous annual report of the Special Rapporteur. However, the Special Rapporteur deems it appropriate to reiterate that any limitation to the right to freedom of expression must pass the following three-part, cumulative test:] It must pursue one of the purposes set out in article 19, paragraph 3, of the Covenant, namely (i) to protect the rights or reputations of others, or (ii) to protect national security or of public order, or of public health or morals (principle of legitimacy); and
- 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
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 24c
- Paragraph text
- [As set out in article 19, paragraph 3, of the Covenant, there are certain exceptional types of expression which may be legitimately restricted under international human rights law, essentially to safeguard the rights of others. This issue has been examined in the previous annual report of the Special Rapporteur. However, the Special Rapporteur deems it appropriate to reiterate that any limitation to the right to freedom of expression must pass the following three-part, cumulative test:] It must be proven as necessary and the least restrictive means required to achieve the purported aim (principles of necessity and proportionality).
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 25
- Paragraph text
- As such, legitimate types of information which may be restricted include child pornography (to protect the rights of children), hate speech (to protect the rights of affected communities), defamation (to protect the rights and reputation of others against unwarranted attacks), direct and public incitement to commit genocide (to protect the rights of others), and advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (to protect the rights of others, such as the right to life).
- 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
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 26
- Paragraph text
- However, in many instances, States restrict, control, manipulate and censor content disseminated via the Internet without any legal basis, or on the basis of broad and ambiguous laws, without justifying the purpose of such actions; and/or in a manner that is clearly unnecessary and/or disproportionate to achieving the intended aim, as explored in the following sections. Such actions are clearly incompatible with States' obligations under international human rights law, and often create a broader "chilling effect" on the right to freedom of opinion and expression.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 28
- Paragraph text
- As outlined under Chapter III, any restriction to the right to freedom of expression must meet the strict criteria under international human rights law. A restriction on the right of individuals to express themselves through the Internet can take various forms, from technical measures to prevent access to certain content, such as blocking and filtering, to inadequate guarantees of the right to privacy and protection of personal data, which inhibit the dissemination of opinions and information. The Special Rapporteur is of the view that the arbitrary use of criminal law to sanction legitimate expression constitutes one of the gravest forms of restriction to the right, as it not only creates a "chilling effect", but also leads to other human rights violations, such as arbitrary detention and torture and other forms of cruel, inhuman or degrading treatment or punishment.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 29
- Paragraph text
- Blocking refers to measures taken to prevent certain content from reaching an end-user. This includes preventing users from accessing specific websites, Internet Protocol (IP) addresses, domain name extensions, the taking down of websites from the web server where they are hosted, or using filtering technologies to exclude pages containing keywords or other specific content from appearing. For example, several countries continue to block access to YouTube, a video-sharing website on which users can upload, share and view videos. China, which has in place one of the most sophisticated and extensive systems for controlling information on the Internet, has adopted extensive filtering systems that block access to websites containing key terms such as "democracy" and "human rights". The Special Rapporteur is deeply concerned that mechanisms used to regulate and censor information on the Internet are increasingly sophisticated, with multi-layered controls that are often hidden from the public.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 30
- Paragraph text
- The Special Rapporteur is also concerned by the emerging trend of timed (or "just-in-time") blocking to prevent users from accessing or disseminating information at key political moments, such as elections, times of social unrest, or anniversaries of politically or historically significant events. During such times, websites of opposition parties, independent media, and social networking platforms such as Twitter and Facebook are blocked, as witnessed in the context of recent protests across the Middle East and North African region. In Egypt, users were disconnected entirely from Internet access.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 32
- Paragraph text
- The Special Rapporteur notes that child pornography is one clear exception where blocking measures can be justified, provided that the national law is sufficiently precise and there are effective safeguards against abuse or misuse, including oversight and review by an independent and impartial tribunal or regulatory body. However, he is also concerned that States frequently rely heavily on blocking measures, rather than focusing their efforts on prosecuting those responsible for the production and dissemination of child pornography. Additionally, as child pornography is often a by-product of trafficking and prostitution of children, the Special Rapporteur urges States to take holistic measures to combat the root problems that give rise to child pornography.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 33
- Paragraph text
- The types of action taken by States to limit the dissemination of content online not only include measures to prevent information from reaching the end-user, but also direct targeting of those who seek, receive and impart politically sensitive information via the Internet. Physically silencing criticism or dissent through arbitrary arrests and detention, enforced disappearance, harassment and intimidation is an old phenomenon, and also applies to Internet users. This issue has been explored in the Special Rapporteur's report to the General Assembly under the section on "protection of citizen journalists" (A/65/284). Such actions are often aimed not only to silence legitimate expression, but also to intimidate a population to push its members towards self-censorship.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 34
- Paragraph text
- The Special Rapporteur remains concerned that legitimate online expression is being criminalized in contravention of States' international human rights obligations, whether it is through the application of existing criminal laws to online expression, or through the creation of new laws specifically designed to criminalize expression on the Internet. Such laws are often justified on the basis of protecting an individual's reputation, national security or countering terrorism, but in practice are used to censor content that the Government and other powerful entities do not like or agree with.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 36
- Paragraph text
- Imprisoning individuals for seeking, receiving and imparting information and ideas can rarely be justified as a proportionate measure to achieve one of the legitimate aims under article 19, paragraph 3, of the International Covenant on Civil and Political Rights. The Special Rapporteur would like to reiterate that defamation should be decriminalized, and that protection of national security or countering terrorism cannot be used to justify restricting the right to expression unless the Government can demonstrate that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 37
- Paragraph text
- Additionally, the Special Rapporteur reiterates that the right to freedom of expression includes expression of views and opinions that offend, shock or disturb. Moreover, as the Human Rights Council has also stated in its resolution 12/16, restrictions should never be applied, inter alia, to discussion of Government policies and political debate; reporting on human rights, Government activities and corruption in Government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups.
- 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
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 38
- Paragraph text
- One of the unique features of the Internet is that the way in which information is transmitted largely depends on intermediaries, or private corporations which provide services and platforms that facilitate online communication or transactions between third parties, including giving access to, hosting, transmitting and indexing content. Intermediaries thus range from Internet service providers (ISPs) to search engines, and from blogging services to online community platforms. With the advent of Web 2.0 services, individuals can now publish information without the centralized gateway of editorial review common in traditional publication formats. The range of services offered by intermediaries has flourished over the past decade, mainly due to the legal protection that they have enjoyed from liability for third-party content that Internet users send via their services. However, the Special Rapporteur notes that in recent years, intermediaries' protection from liability has been eroding.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 39
- Paragraph text
- Many States have adopted laws which impose liability upon intermediaries if they do not filter, remove or block content generated by users which is deemed illegal. For example, in Turkey, Law 5651 on the Prevention of Crime Committed in the Information Technology Domain, which was enacted in 2007, imposes new obligations on content providers, ISPs and website hosts. It also grants authority to an agency to issue administrative orders to block websites for content hosted outside of Turkey, and to take down eight broad types of unlawful content, including "crimes against Ataturk", which includes "insulting" the founder of the Republic of Turkey, Mustafa Kemal Ataturk. In Thailand, the 2007 Computer Crimes Act imposes liability upon intermediaries that transmit or host third-party content and content authors themselves. This law has been used to prosecute individuals providing online platforms, some of which are summarized in the first addendum.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 40
- Paragraph text
- In other cases, intermediary liability is imposed through privacy and data protection laws. For example, a court in Italy convicted three Google executives for violating the Italian data protection code after a video depicting cruelty to a disabled teenager was posted by a user on the Google video service. Even though the video was taken down within hours of notification by Italian law enforcers, the judge found the Google executives guilty. The Government of China requires ISPs and web platforms to conduct surveillance on their users, and they are also held directly responsible for content posted by users. Companies that fail to comply with this obligation risk losing their business licences. Holding intermediaries liable for the content disseminated or created by their users severely undermines the enjoyment of the right to freedom of opinion and expression, because it leads to self-protective and over-broad private censorship, often without transparency and the due process of the 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)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 41
- Paragraph text
- Several States have sought to protect intermediaries through adopting variations on what is known as a "notice-and-takedown" regime. Such a system protects intermediaries from liability, provided that they take down unlawful material when they are made aware of its existence. For example, under the European Union-wide E-Commerce Directive, a provider of hosting services for user-generated content can avoid liability for such content if it does not have actual knowledge of illegal activity and if it expeditiously removes the content in question when made aware of it. Similarly, the Digital Millennium Copyright Act of the United States of America also provides safe harbour for intermediaries, provided that they take down the content in question promptly after notification.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 42
- Paragraph text
- However, while a notice-and-takedown system is one way to prevent intermediaries from actively engaging in or encouraging unlawful behaviour on their services, it is subject to abuse by both State and private actors. Users who are notified by the service provider that their content has been flagged as unlawful often have little recourse or few resources to challenge the takedown. Moreover, given that intermediaries may still be held financially or in some cases criminally liable if they do not remove content upon receipt of notification by users regarding unlawful content, they are inclined to err on the side of safety by over-censoring potentially illegal content. Lack of transparency in the intermediaries' decision-making process also often obscures discriminatory practices or political pressure affecting the companies' decisions. Furthermore, intermediaries, as private entities, are not best placed to make the determination of whether a particular content is illegal, which requires careful balancing of competing interests and consideration of defences.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 43
- Paragraph text
- The Special Rapporteur believes that censorship measures should never be delegated to a private entity, and that no one should be held liable for content on the Internet of which they are not the author. Indeed, no State should use or force intermediaries to undertake censorship on its behalf, as is the case in the Republic of Korea with the establishment of the Korea Communications Standards Commission, a quasi-State and quasi-private entity tasked to regulate online content (see A/HRC/17/27/Add.2). The Special Rapporteur welcomes initiatives taken in other countries to protect intermediaries, such as the bill adopted in Chile, which provides that intermediaries are not required to prevent or remove access to user-generated content that infringes copyright laws until they are notified by a court order. A similar regime has also been proposed in Brazil.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 44
- Paragraph text
- Given that Internet services are run and maintained by private companies, the private sector has gained unprecedented influence over individuals' right to freedom of expression and access to information. Generally, companies have played an extremely positive role in facilitating the exercise of the right to freedom of opinion and expression. At the same time, given the pressure exerted upon them by States, coupled with the fact that their primary motive is to generate profit rather than to respect human rights, preventing the private sector from assisting or being complicit in human rights violations of States is essential to guarantee the right to freedom of expression.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 45
- Paragraph text
- While States are the duty-bearers for human rights, private actors and business enterprises also have a responsibility to respect human rights. In this regard, the Special Rapporteur highlights the framework of "Protect, Respect and Remedy" which has been developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The framework rests on three pillars: (a) the duty of the State to protect against human rights abuses by third parties, including business enterprises, through appropriate policies, regulation and adjudication; (b) the corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid infringing the rights of others and to address adverse impacts with which they are involved; and (c) the need for greater access by victims to effective remedy, both judicial and non-judicial.
- 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 47
- Paragraph text
- The Special Rapporteur commends such initiatives to enhance the responsibility of Internet intermediaries to respect human rights. To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to: only implement restrictions to these rights after judicial intervention; be transparent to the user involved about measures taken, and where applicable to the wider public; provide, if possible, forewarning to users before the implementation of restrictive measures; and minimize the impact of restrictions strictly to the content involved. Finally, there must be effective remedies for affected users, including the possibility of appeal through the procedures provided by the intermediary and by a competent judicial authority.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 49
- Paragraph text
- While blocking and filtering measures deny access to certain content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur is deeply concerned by discussions regarding a centralized "on/off" control over Internet traffic. In addition, he is alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of "graduated response", which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called "three-strikes-law" in France and the Digital Economy Act 2010 of the United Kingdom.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 51
- Paragraph text
- Cyber-attacks, or attempts to undermine or compromise the function of a computer-based system, include measures such as hacking into accounts or computer networks, and often take the form of distributed denial of service (DDoS) attacks. During such attacks, a group of computers is used to inundate a web server where the targeted website is hosted with requests, and as a result, the targeted website crashes and becomes inaccessible for a certain period of time. As with timed blocking, such attacks are sometimes undertaken during key political moments. The Special Rapporteur also notes that websites of human rights organizations and dissidents are frequently and increasingly becoming targets of DDoS attacks, some of which are included in the first addendum to this report.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 52
- Paragraph text
- When a cyber-attack can be attributed to the State, it clearly constitutes inter alia a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 53
- Paragraph text
- The right to privacy is essential for individuals to express themselves freely. Indeed, throughout history, people's willingness to engage in debate on controversial subjects in the public sphere has always been linked to possibilities for doing so anonymously. The Internet allows individuals to access information and to engage in public debate without having to reveal their real identities, for example through the use of pseudonyms on message boards and chat forums. Yet, at the same time, the Internet also presents new tools and mechanisms through which both State and private actors can monitor and collect information about individuals' communications and activities on the Internet. Such practices can constitute a violation of the Internet users' right to privacy, and, by undermining people's confidence and security on the Internet, impede the free flow of information and ideas online.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 54
- Paragraph text
- The Special Rapporteur is deeply concerned by actions taken by States against individuals communicating via the Internet, frequently justified broadly as being necessary to protect national security or to combat terrorism. While such ends can be legitimate under international human rights law, surveillance often takes place for political, rather than security reasons in an arbitrary and covert manner. For example, States have used popular social networking sites, such as Facebook, to identify and to track the activities of human rights defenders and opposition members, and in some cases have collected usernames and passwords to access private communications of Facebook users.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 55
- Paragraph text
- A number of States are also introducing laws or modifying existing laws to increase their power to monitor Internet users' activities and content of communication without providing sufficient guarantees against abuse. In addition, several States have established a real-name identification system before users can post comments or upload content online, which can compromise their ability to express themselves anonymously, particularly in countries where human rights are frequently violated. Furthermore, steps are also being taken in many countries to reduce the ability of Internet users to protect themselves from arbitrary surveillance, such as limiting the use of encryption technologies.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 56
- Paragraph text
- The Special Rapporteur also notes that there are insufficient or inadequate data protection laws in many States stipulating who is allowed to access personal data, what it can be used for, how it should be stored, and for how long. The necessity of adopting clear laws to protect personal data is further increased in the current information age, where large volumes of personal data are collected and stored by intermediaries, and there is a worrying trend of States obliging or pressuring these private actors to hand over information of their users. Moreover, with the increasing use of cloud-computing services, where information is stored on servers distributed in different geographical locations, ensuring that third parties also adhere to strict data protection guarantees is paramount.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 57
- Paragraph text
- The right to privacy is guaranteed by article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights. The latter provides that "(1) no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation; (2) everyone has the right to the protection of the law against such interference or attacks." Although "correspondence" primarily has been interpreted as written letters, this term today covers all forms of communication, including via the Internet. The right to private correspondence thus gives rise to a comprehensive obligation on the part of the State to ensure that e-mails and other forms of online communication are actually delivered to the desired recipient without interference or inspection by State organs or by third parties.
- 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
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 59
- Paragraph text
- The Special Rapporteur notes that the right to privacy can be subject to restrictions or limitations under certain exceptional circumstances. This may include State surveillance measures for the purposes of administration of criminal justice, prevention of crime or combating terrorism. However, such interference is permissible only if the criteria for permissible limitations under international human rights law are met. Hence, there must be a law that clearly outlines the conditions whereby individuals' right to privacy can be restricted under exceptional circumstances, and measures encroaching upon this right must be taken on the basis of a specific decision by a State authority expressly empowered by law to do so, usually the judiciary, for the purpose of protecting the rights of others, for example to secure evidence to prevent the commission of a crime, and must respect the principle of proportionality.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 63
- Paragraph text
- The Special Rapporteur notes that several initiatives have been taken in an attempt to bridge the digital divide. At the international level, Target 8f of the Millennium Development Goals calls upon States, "in consultation with the private sector, [to] make available the benefits of new technologies, especially information and communications." The necessity of achieving this target was reiterated in the 2003 Plan of Action adopted at the Geneva World Summit on the Information Society, which outlines specific goals and targets to "build an inclusive Information Society; to put the potential of knowledge and [information communication technologies] (ICTs) at the service of development; to promote the use of information and knowledge for the achievement of internationally agreed development goals." To implement this plan of action, in 2005, the International Telecommunication Union launched the "Connect the World" project. Another initiative to spread the availability of ICTs in developing countries is the "One Laptop Per Child" project that has been supported by the United Nations Development Programme. This project distributes affordable laptops that are specifically customized for the learning environment of children. Since this project was mentioned in the previous mandate holder's report in 2006, 2.4 million laptops have been distributed to children and teachers worldwide. In Uruguay, the project has reached 480,000 children, amounting to almost all children enrolled in primary school. States in Africa lag behind, but in Rwanda, over 56,000 laptops have been distributed, with plans for the figure to reach 100,000 by June 2011.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 64
- Paragraph text
- At the national level, the Special Rapporteur notes that a number of initiatives have also been taken by States to address the digital divide. In India, Common Service Centres, or public "e-Kiosks", have been established by the Government in collaboration with the private sector as part of the National E-Governance Plan of 2006. As of January 2011, over 87,000 centres have reportedly been established, although the Special Rapporteur notes that the majority of the country's population still remains without Internet access. In Brazil, the Government has launched a "computers for all" programme which offers subsidies for purchasing computers. Additionally, over 100,000 publicly sponsored Internet access centres, known as "Local Area Network (LAN) Houses" with fast broadband Internet connections, have been established. Such public access points are particularly important to facilitate access for the poorest socio-economic groups, as they often do not have their own personal computers at home.
- 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 65
- Paragraph text
- In some economically developed States, Internet access has been recognized as a right. For example, the parliament of Estonia passed legislation in 2000 declaring Internet access a basic human right. The constitutional council of France effectively declared Internet access a fundamental right in 2009, and the constitutional court of Costa Rica reached a similar decision in 2010. Going a step further, Finland passed a decree in 2009 stating that every Internet connection needs to have a speed of at least one Megabit per second (broadband level). The Special Rapporteur also takes note that according to a survey by the British Broadcasting Corporation in March 2010, 79% of those interviewed in 26 countries believe that Internet access is a fundamental human right.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 66
- Paragraph text
- Given that access to basic commodities such as electricity remains difficult in many developing States, the Special Rapporteur is acutely aware that universal access to the Internet for all individuals worldwide cannot be achieved instantly. However, the Special Rapporteur reminds all States of their positive obligation to promote or to facilitate the enjoyment of the right to freedom of expression and the means necessary to exercise this right, including the Internet. Hence, States should adopt effective and concrete policies and strategies - developed in consultation with individuals from all segments of society, including the private sector as well as relevant Government ministries - to make the Internet widely available, accessible and affordable to all.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 67
- Paragraph text
- Unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders. By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an "enabler" of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole. In this regard, the Special Rapporteur encourages other Special Procedures mandate holders to engage on the issue of the Internet with respect to their particular mandates.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 68
- Paragraph text
- The Special Rapporteur emphasizes that there should be as little restriction as possible to the flow of information via the Internet, except in few, exceptional, and limited circumstances prescribed by international human rights law. He also stresses that the full guarantee of the right to freedom of expression must be the norm, and any limitation considered as an exception, and that this principle should never be reversed. Against this backdrop, the Special Rapporteur recommends the steps set out 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)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 70
- Paragraph text
- The Special Rapporteur is deeply concerned by increasingly sophisticated blocking or filtering mechanisms used by States for censorship. The lack of transparency surrounding these measures also makes it difficult to ascertain whether blocking or filtering is really necessary for the purported aims put forward by States. As such, the Special Rapporteur calls upon States that currently block websites to provide lists of blocked websites and full details regarding the necessity and justification for blocking each individual website. An explanation should also be provided on the affected websites as to why they have been blocked. Any determination on what content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 71
- Paragraph text
- With regard to child pornography, the Special Rapporteur notes that it is one clear exception where blocking measures are justified, provided that the national law is sufficiently precise and there are sufficient safeguards against abuse or misuse to prevent any "mission creep", including oversight and review by an independent and impartial tribunal or regulatory body. However, the Special Rapporteur calls upon States to focus their efforts on prosecuting those responsible for the production and dissemination of child pornography, rather than on blocking measures alone.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 72
- Paragraph text
- The Special Rapporteur remains concerned that legitimate online expression is being criminalized in contravention of States' international human rights obligations, whether it is through the application of existing criminal laws to online expression, or through the creation of new laws specifically designed to criminalize expression on the Internet. Such laws are often justified as being necessary to protect individuals' reputation, national security or to counter terrorism. However, in practice, they are frequently used to censor content that the Government and other powerful entities do not like or agree with.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 73
- Paragraph text
- The Special Rapporteur reiterates the call to all States to decriminalize defamation. Additionally, he underscores that protection of national security or countering terrorism cannot be used to justify restricting the right to expression unless it can be demonstrated that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.
- 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
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 75
- Paragraph text
- The Special Rapporteur emphasizes that censorship measures should never be delegated to private entities, and that intermediaries should not be held liable for refusing to take action that infringes individuals' human rights. Any requests submitted to intermediaries to prevent access to certain content, or to disclose private information for strictly limited purposes such as administration of criminal justice, should be done through an order issued by a court or a competent body which is independent of any political, commercial or other unwarranted influences.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 76
- Paragraph text
- In addition, while States are the primary duty-bearers of human rights, the Special Rapporteur underscores that corporations also have a responsibility to respect human rights, which means that they should act with due diligence to avoid infringing the rights of individuals. The Special Rapporteur thus recommends intermediaries to: only implement restrictions to these rights after judicial intervention; be transparent to the user involved about measures taken, and, where applicable, to the wider public; provide, if possible, forewarning to users before the implementation of restrictive measures; and minimize the impact of restrictions strictly to the content involved. Finally, there must be effective remedies for affected users, including the possibility of appeal through the procedures provided by the intermediary and by a competent judicial authority.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 77
- Paragraph text
- The Special Rapporteur commends the work undertaken by organizations and individuals to reveal the worldwide status of online impediments to the right to freedom of expression. He encourages intermediaries in particular to disclose details regarding content removal requests and accessibility of websites. Additionally, he recommends corporations to establish clear and unambiguous terms of service in line with international human rights norms and principles and to continuously review the impact of their services and technologies on the right to freedom of expression of their users, as well as on the potential pitfalls involved when they are misused. The Special Rapporteur believes that such transparency will help promote greater accountability and respect for human 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 78
- Paragraph text
- While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 81
- Paragraph text
- When a cyber-attack can be attributed to the State, it clearly constitutes, inter alia, a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future.
- 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
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 83
- Paragraph text
- The Special Rapporteur underscores the obligation of States to adopt effective privacy and data protection laws in accordance with article 17 of the International Covenant on Civil and Political Rights and the Human Rights Committee's general comment No. 16. This includes laws that clearly guarantee the right of all individuals to ascertain in an intelligible form whether, and if so what, personal data is stored in automatic data files, and for what purposes, and which public authorities or private individuals or bodies control or may control their files.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 84
- Paragraph text
- He also calls upon States to ensure that individuals can express themselves anonymously online and to refrain from adopting real-name registration systems. Under certain exceptional situations where States may limit the right to privacy for the purposes of administration of criminal justice or prevention of crime, the Special Rapporteur underscores that such measures must be in compliance with the international human rights framework, with adequate safeguards against abuse. This includes ensuring that any measure to limit the right to privacy is taken on the basis of a specific decision by a State authority expressly empowered by law to do so, and must respect the principles of necessity and proportionality.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 85
- Paragraph text
- Given that the Internet has become an indispensable tool for realizing a range of human rights, combating inequality, and accelerating development and human progress, ensuring universal access to the Internet should be a priority for all States. Each State should thus develop a concrete and effective policy, in consultation with individuals from all sections of society, including the private sector and relevant Government ministries, to make the Internet widely available, accessible and affordable to all segments of population.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 68
- Paragraph text
- A third set of measures concerns data collection and analysis, in addition to more targeted research, in relation to freedom of expression and hate speech. This includes various forms of hate speech, the main perpetrators, where and under what circumstances hate speech occurs, who the messages reach and through which avenues, whether and which media outlets contest such messages, and in which cases and under what circumstances hate speech actually constitutes incitement in a manner that links content with action. In most countries, comprehensive data on such areas are glaringly absent. Consequently, policies and legislation are frequently based on perception. Systematic disaggregated data collection and analysis, using human-rights-sensitive methodologies, enable a better understanding of problems in a given country, the creation of better-targeted policies and the possibility of evaluation. For example, the aforementioned Living History Forum in Sweden carries out periodic attitude surveys to ensure that its efforts are focused where they are most needed. Data collection and analysis can also help to establish early warning mechanisms and aid in the effective enforcement of the law. International cooperation in these areas could help to increase not only comparability of data but also knowledge about the nature of hate speech that transcends boundaries. A clear distinction between expression that constitutes incitement, hate speech and merely offensive speech should be at the core of any such data-collection and analysis exercise.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 70
- Paragraph text
- While the swiftly evolving electronic media landscape has led to a dramatic increase in the volume of information available, the quality of information has not always kept pace. An objective, ethical and informative media therefore remains essential to informing society about contentious societal issues in a balanced manner and to preventing individuals from falling prey to promises of easy solutions and extremist rhetoric. Caution exercised by the media is also essential to preventing the drawing of any unnecessary attention to acts of an extremist individual that can spark violence. For example, when an obscure pastor in the United States threatened to burn the Koran in September 2010, the media played a negative role in unnecessarily drawing attention to the story. Had greater care been taken in reporting on the incident, some of the violence that ensued might have been averted.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 71
- Paragraph text
- Regrettably, increased media concentration, the formation of media oligarchies and political ownership of media outlets have resulted in the erosion of media diversity and a focus on entertainment at the expense of news, current affairs and investigative journalism. According to the International Federation of Journalists, two thirds of all independently owned newspapers have disappeared since 1975. At the same time, investments by media houses in training journalists have also declined. Moreover, public media are less able to provide a counterweight to such trends because their online presence is not yet well established, they are subjected to budget cuts and they are losing their audience faster than commercial media, in particular among the younger generation.
- 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
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 73
- Paragraph text
- Pluralism and diversity of views and opinions in mainstream media is another crucial element in ensuring equal participation in public debate by all communities in multicultural societies and in enabling their narratives and perspectives to become part of national debates. In Argentina, for example, part of the radio frequency spectrum is reserved for community media, so as to ensure access to the media for all. Training sessions and workshops for journalists on issues relating to diversity, including on how to build trust with underrepresented communities, can also significantly improve the quality of reporting and the portrayal of specific communities, such as migrants, who are often presented negatively as a security or economic problem. In addition to diversity in content and perspectives, pluralism in the media also requires diversity in the workforce of media professionals.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 76
- Paragraph text
- Accordingly, laws to combat hate speech must be carefully construed and applied by the judiciary not to excessively curtail legitimate types of expression. At the same time, while laws are certainly necessary and an important component in addressing hate speech, they should be complemented by a broad set of policy measures to bring about genuine changes in mindsets, perception and discourse. Such a multilayered approach, supported by political and social will and commitment to effecting change, not only aids in addressing less severe forms of hate speech, but also supports awareness-raising and prevention.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 77
- Paragraph text
- The Special Rapporteur urges States to conduct constitutional and legal reviews to ensure that domestic law on hate speech complies with the three-part test stipulated in article 19 (3) of the International Covenant on Civil and Political Rights, namely that: the restriction must be provided by law, which is clear and accessible to everyone; it must be proven as necessary and legitimate to protect the rights or reputation of others; national security or public order, public health or morals; and it must be proven as the least restrictive and proportionate means to achieve the purported aim. Any breach of those principles should be subject to review 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 78
- Paragraph text
- Given that blasphemy laws do not comply with the above-mentioned criteria, the Special Rapporteur urges States to repeal them and to replace them with laws protecting individuals' right to freedom of religion or belief in accordance with international human rights standards. In addition, any law that provides for disproportionate sanctions for the expression of opinions, such as the death penalty, should be repealed immediately. Similarly, the Special Rapporteur calls upon States to repeal laws that prohibit discussion of historic events. Just as religion, history should always be open to discussion and debate.
- 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
- Social & Cultural Rights
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 79
- Paragraph text
- To prevent any abusive use of hate speech laws, the Special Rapporteur recommends that only serious and extreme instances of incitement to hatred be prohibited as criminal offences. The Special Rapporteur thus calls upon States to establish high and robust thresholds, including the following elements: severity, intent, content, extent, likelihood or probability of harm occurring, imminence and context. Such examination must be performed on an ad hoc basis, taking context into consideration.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 80
- Paragraph text
- For other types of hate speech that do not meet the threshold of advocacy of national, racial or religious hatred constituting incitement to discrimination, hostility or violence, the Special Rapporteur recommends that States adopt civil laws, with the application of diverse procedural and substantive remedies, such as restoring reputation, preventing recurrence and providing financial compensation. Indeed, with regard to speech that raises concern in terms of civility and tolerance for others, rather than lowering the threshold for incitement to hatred, responses to discrimination need to be strengthened, including by enhancing the enjoyment of the rights of ethnic, religious or linguistic minorities (article 27 of the International Covenant on Civil and Political Rights) and adopting policies and effective measures to eliminate racial discrimination (articles 2 and 5 of the International Convention on the Elimination of All Forms of Racial Discrimination).
- 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
- Ethnic minorities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 83
- Paragraph text
- To help to provide further guidance to States, the Special Rapporteur recommends that the international human rights mechanisms renew their engagement with States on the issue of hate speech, including ratification of the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination and review of any reservations relating to incitement to hatred. Non-State actors should also be involved. In addition, the Human Rights Committee could consider adopting a general comment on article 20 of the Covenant. The Human Rights Committee and the Committee on the Elimination of Racial Discrimination could also discuss the relationship between article 20 of the Covenant and article 4 of the 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)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 86
- Paragraph text
- The Special Rapporteur appeals to States, civil society organizations and the media to proactively facilitate the counter-speech of individuals and groups who are systematically targeted by hate speech, including through the Internet. For example, the media could ensure that such groups have a right to reply, while States could establish comprehensive strategies of interaction to foster tolerance, such as platforms of intercultural and interreligious dialogue from the local to the international levels.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 24
- Paragraph text
- With the increasing speed at which news and information circulate around the world through the mass media and the Internet, manifestations of hate speech have become increasingly visible. Moreover, in the context of rising immigration flows and population movements, declining domestic economies and the emergence of terrorism as a crucial political challenge, there has been a growing tendency to stigmatize specific groups and communities. This has been compounded by flawed national security and anti-terrorism laws and policies, such as racial profiling, demagogic statements by opportunistic politicians and irresponsible reporting by the mass media.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 27
- Paragraph text
- In Africa, there have been violent riots (for example, in Kenya, caused by alleged election-rigging and fuelled by tribal tension, and in Nigeria, on the basis of tribal tensions), leading to the deaths of several thousand people; attacks by Muslim villagers against Coptic Christians in Egypt; and various forms of incitement to violence and hatred on the basis of sexual orientation by politicians, the media and religious leaders in Uganda, as epitomized by the tragic killing of David Kato, whose name, photograph and description had been published by the Sunday Pepper newspaper in what it described as a "killer dossier".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 28
- Paragraph text
- Asia and the Middle East have seen killings of presidents of the Ahmadiyya community in Pakistan following a television broadcast during which two maulanas stated that the Ahmadiyya community was deserving of death; incitement by a Government-appointed imam in Saudi Arabia to eliminate all Shia believers in the world; incitement to and acts of violence against the Sufi community in Sri Lanka; increased radicalization and serious instances of incitement to racism in Israel against the Arab population, in addition to acts of violence by Jewish settlers against Muslims; and incitement to religious hatred against Jews in the occupied Palestinian territory.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 30
- Paragraph text
- While politicians and the media often play a central role in fostering hate speech offline, the ease with which anyone can post comments on the Internet, and that this can be done anonymously, have further helped hate speech to spread. In one recent example, when a Canadian-American campaigner for women's rights launched an online fundraising campaign for a series of short videos that would examine gender prejudices and the use of violence in video games, she was threatened with violence, death, sexual assault and rape, and an online interactive game was launched in which players were invited to beat her "black and blue". In Maldives, a blogger and human rights campaigner advocating religious freedom was forced to flee the country after being subjected to an online hate campaign in the social media and having his throat slit. In addition, radical right-wing, xenophobic or extremist groups have used the Internet to spread messages of hate.
- 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
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 34
- Paragraph text
- The principle of equality of all human beings and the right to be free from discrimination is at the heart of human rights, as reflected in article 1 of the Universal Declaration of Human Rights, which asserts that all human beings are born free and equal in dignity and rights. All human beings are thus entitled to the same enjoyment of all rights, without discrimination of any kind, including on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status, as affirmed in article 2 of the Universal Declaration of Human Rights. The Human Rights Committee has found that sexual orientation is included in this scope.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 37
- Paragraph text
- In particular, the rights of others are undermined when deep-rooted hatred is manifested and expressed under certain circumstances. International human rights law therefore recognizes that the right to freedom of expression can indeed be restricted where it presents a serious danger for others and for their enjoyment of human rights. Indeed, article 19 (3) of the International Covenant on Civil and Political Rights stipulates that the exercise of the right to freedom of expression carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only such as are provided by law and are necessary for respect of the rights or reputations of others and for the protection of national security or of public order (ordre public), or of public health or morals.
- 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
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 39a
- Paragraph text
- [Hate speech on the basis of racial or ethnic origin is further prohibited under article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, which stipulates that States parties:] Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 42
- Paragraph text
- In addition, any restriction imposed must be applied by a body that is independent of political, commercial or other unwarranted influences in a manner that is neither arbitrary nor discriminatory, and with adequate safeguards against abuse, including the right of access to an independent court or tribunal. Indeed, the risks that legal provisions prohibiting hate speech may be interpreted loosely and applied selectively by authorities underline the importance of having unambiguous language and of devising effective safeguards against abuses of the 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)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 43
- Paragraph text
- With regard to the prohibition of any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence established under article 20 (2) of the Covenant, it is important to establish a clearer understanding of the terms to prevent any misapplication of the law. This formulation includes three key elements: first, only advocacy of hatred is covered; second, hatred must amount to advocacy which constitutes incitement, rather than incitement alone; and third, such incitement must lead to one of the listed results, namely discrimination, hostility or violence. As such, advocacy of hatred on the basis of national, racial or religious grounds is not an offence in itself. Such advocacy becomes an offence only when it also constitutes incitement to discrimination, hostility or violence, or when the speaker seeks to provoke reactions on the part of the audience.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 44d
- Paragraph text
- [Moreover, attention is drawn to the following definitions that have been developed through consultations of experts and discussed at the OHCHR regional expert workshops on incitement:] Discrimination is understood as any distinction, exclusion or restriction made on the basis of race, colour, descent, national or ethnic origin, nationality, gender, sexual orientation, language, religion, political or other opinion, age, economic position, property, marital status, disability, or any other status that has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise, on an equal footing, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field of public life;
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45a
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Severity of hatred, which should amount to "the most severe and deeply felt form of opprobrium", including an assessment of the severity of what is said, the harm advocated, magnitude and intensity in terms of frequency, choice of media, reach and extent;
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45c
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Content or form of the speech, including form, style, nature of the arguments deployed in the speech, magnitude or intensity of the speech, background of the inciter and the degree to which the speech is provocative or direct. Artistic expression should be considered with reference to its artistic value and context, given that individuals may use art to provoke strong feelings but without the intention of inciting violence, discrimination or hostility;
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45e
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Likelihood or probability of harm occurring. While incitement by definition is an inchoate crime and the action advocated through incitement does not have to be committed for the speech to amount to a crime, a high degree of risk of resulting harm must be identified;
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45g
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Context, including consideration of the speaker or author, audience, intended harm, existence of barriers in establishing media outlets, broad and unclear restrictions on content of what may be published or broadcast; absence of criticism of Government or wide-ranging policy debates in the media and other forms of communication; and the absence of broad social condemnation of hateful statements on specific grounds when they are disseminated.17
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 51
- Paragraph text
- The Special Rapporteur remains concerned about the continuing existence and the use of flawed domestic laws that purport to combat hate speech but are in fact used to suppress critical or opposing voices. Such laws frequently carry disproportionate sanctions, such as hard labour, long prison sentences, life imprisonment or even capital punishment, for vague offences such as "inciting religious unrest" in Turkmenistan, "promoting division between religious believers and non-believers" in Viet Nam, "incitement to violation" in the Islamic Republic of Iran, "instigating hatred and disrespect against the ruling regime" in Bahrain, "inciting subversion of State power" in China, "incitement to offences that damage public tranquillity" in Myanmar, "blasphemy" in Pakistan, "inciting violence against a religious authority" in Angola, "causing national, racial or religious hate, discord and intolerance" in the former Yugoslav Republic of Macedonia (to suppress any criticism of the Macedonian Orthodox Church) and "misrepresenting events and inciting violence" in Somalia (to arrest and detain independent 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)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 52
- Paragraph text
- Other examples of vague and overbroad legal provisions prohibiting incitement to hatred, which can be abused to censor discussion on matters of legitimate public interest, include "contempt of heavenly religions", "fanaticism", "expression of feelings of hostility", "outraging religious feelings", "provocation of sectarian or racial division", "exciting racial hostility", "inciting unlawful acts", "all acts creating division among religions", "promoting one's own individual opinion on issues that are in disagreement among Islamic scholars", "inciting people to disputes" and "talking about religions other than Islam".22
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 53
- Paragraph text
- The Special Rapporteur also reiterates his concern in relation to anti blasphemy laws, which are inherently vague and leave the entire concept open to abuse. He wishes to underscore once again that international human rights law protects individuals and not abstract concepts such as religion, belief systems or institutions, as also affirmed by the Human Rights Committee (CCPR/C/GC/34, para. 48). Moreover, the right to freedom of religion or belief, as enshrined in relevant international legal standards, does not include the right to have a religion or belief that is free from criticism or ridicule. Indeed, the right to freedom of expression includes the right to scrutinize, debate openly, make statements that offend, shock and disturb, and criticize belief systems, opinions and institutions, including religious ones, provided that they do not advocate hatred that incites hostility, discrimination or violence. The Special Rapporteur thus reiterates his call to all States to repeal anti-blasphemy laws and to initiate legislative and other reforms that protect the rights of individuals in accordance with international human rights 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 54
- Paragraph text
- At the international level, the Special Rapporteur welcomes the shift from the notion of "defamation of religions" to the protection of individuals against incitement to religious hatred. The Human Rights Council, for the second year, has adopted by consensus a resolution on combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (resolution 19/25). In that resolution, the Council condemns any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, whether it involves the use of print, audiovisual or electronic media or any other means. It also recognizes that open public debate of ideas, as well as interfaith and intercultural dialogue, at the local, national and international levels can be among the best protections against religious intolerance and can play a positive role in strengthening democracy and combating religious hatred, convinced that a continuing dialogue on these issues can help overcome existing perceptions. Furthermore, it notes the speech given by the Secretary-General of the Organization of the Islamic Conference at the fifteenth session of the Council and draws on his call on States to take various actions to foster a domestic environment of religious tolerance, peace and respect. Lastly, it also calls for strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religions and beliefs. The Special Rapporteur is pleased to note that, after several years of debate, the Council has found a way to unanimously address concerns relating to religious intolerance without referring to concepts or notions that would undermine international human rights 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 55
- Paragraph text
- With regard to discussion of history, the Special Rapporteur is of the view that historical events should be open to discussion and, as stated by the Human Rights Committee, laws that penalize the expression of opinions about historical facts are incompatible with the obligations that the International Covenant on Civil and Political Rights imposes on States parties in relation to the respect for freedom of opinion and expression (CCPR/C/GC/34, para. 49). By demanding that writers, journalists and citizens give only a version of events that is approved by the Government, States are enabled to subjugate freedom of expression to official versions of events.
- 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
- Social & Cultural Rights
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 56
- Paragraph text
- Laws prohibiting incitement to hatred in accordance with international human rights law are indeed necessary and required to ensure that perpetrators are punished and that victims receive effective remedies, and to prevent recurrence of such acts. Penal codes alone, however, will rarely provide the solution to the challenges of incitement to hatred in society. Accordingly, while a legal prohibition and prosecution may be of key importance in some cases, a more effective toolbox containing positive measures is also necessary to tackle the root causes and various facets of hate, including broad-based societal programmes to combat inequality and structural discrimination, in addition to creative policies and measures to promote a culture of peace and tolerance at all levels.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 57
- Paragraph text
- To this end, strengthening the promotion and protection of the right to freedom of opinion and expression is essential. Indeed, States have affirmed the positive role that the right to freedom of opinion and expression can play in combating racial and religious hatred, including in the Durban Declaration and Programme of Action (A/CONF.189/12 and Corr.1, paras. 90 and 147), the outcome document of the Durban Review Conference (A/CONF.211/8, paras. 54 and 58) and Human Rights Council resolutions 12/16 (paras. 9-11) and 19/25 (paras. 4 and 5). Similarly, non legal measures to combat discrimination and intolerance have been identified in various United Nations documents, including the Declaration and Programme of Action on a Culture of Peace (General Assembly resolutions 53/243 A and 53/243 B), the Global Agenda for Dialogue among Civilizations and its Programme of Action (Assembly resolution 56/6) and the 2005 World Summit Outcome (Assembly resolution 60/1). The Special Rapporteur reminds States to implement such measures outlined in existing international documents.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 58
- Paragraph text
- A first essential element of any strategy to combat hate speech is prevention. To this end, it is crucial to provide education and raise awareness about human rights, tolerance and knowledge of other cultures and religions. When a State ratifies an international human rights instrument, it has the duty to raise levels of awareness of the rights contained therein among the population at large (CCPR/C/21/Rev.1/ Add.13, para. 7). The school education system is a prime avenue to do so. For example, in Sweden, the Living History Forum (www.levandehistoria.se) is a public authority that produces exhibitions and teaching materials around topics of tolerance, democracy and human rights, with the Holocaust and other crimes against humanity as the starting point. Beyond such specific projects, it is crucial, however, to promote values, beliefs and attitudes that encourage children to embrace differences. Values instilled during childhood are likely to have the strongest impact on responses as adults.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 63
- Paragraph text
- At the individual level, it is also important to remember the responsibility of each individual citizen to speak out against human rights violations. Often, extreme manifestations of hatred are the work of only a small group of people or are instigated by political opportunists, yet most people fail to react or to respond. The task of combating hate speech should not, however, be left to those targeted by such speech. Because the Internet has made it possible for hate speech to proliferate much more easily, it becomes all the more important for each individual to take on the responsibility to denounce hate speech publicly.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 66
- Paragraph text
- States also have a responsibility to establish a comprehensive strategy of interaction to stimulate tolerance. This can include initiatives to host interreligious platforms for cooperation and dialogue at various levels of leadership, including the local, regional and international levels. Such initiatives should aim not only to achieve greater understanding or to combat prejudices and stereotypes in public and political discourse, but also to facilitate coalition-building across diverse cultural and religious communities and incorporate conflict prevention and de-escalation strategies.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 96
- Paragraph text
- The emergence of "online journalists" - both professionals and untrained so-called "citizen journalists" - play an increasingly important role in documenting and disseminating news in real time as they unfold on the ground. Journalists who publish their work online should be afforded the same protection under articles 19 of the Universal Declaration on Human Rights and of the International Covenant on Civil and Political Rights. Any restriction applied to online content must also be in conformity with the three-part test set out in article 19, paragraph 3, of the Covenant.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 97
- Paragraph text
- Laws that criminalize expression continue to be used by States to imprison journalists who disseminate "inconvenient" information. Journalists may be arrested and detained, particularly in the run-up to elections, often on the basis of vague anti-terrorist or national security laws. The Special Rapporteur is deeply concerned that the current number of journalists in prison is the highest since 1996. Criminal prosecution of journalists creates a "chilling effect" that stifles reporting on issues of public interest.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 99
- Paragraph text
- The protection of journalists and combating impunity requires context-specific measures that address the specific risks in each situation and effectively addresses the root causes of attacks. While there are many organizations committed to ensuring the protection of journalists at all levels, there has not been much collaboration and joint strategies adopted at the international level. The Special Rapporteur thus welcomes the initiative to draft a United Nations joint Plan of Action on the Protection of Journalists and the Issue of Impunity and looks forward to its effective implementation.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 100
- Paragraph text
- Bearing in mind that standards exist in international human rights law for the protection of professional journalists outside of armed conflict situations, the Special Rapporteur urges States, with whom the primary responsibility for the protection of journalists lies, to implement those standards at the national level. This includes ensuring that no legislation is passed to unduly limit the freedom of expression of journalists, ensuring the physical and psychological integrity of journalists, and taking steps to tackle impunity for perpetrators of human rights violations against 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)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 110
- Paragraph text
- The Special Rapporteur recognizes efforts in countries, such as Colombia and Mexico, to create bodies to offer, inter alia, greater protection to journalists. The Special Rapporteur underlines the importance of the willingness and ability of such bodies to take on a broad range and high number of cases and issues under its competency; to work with autonomy; to have their own and sufficient resources and to have the capacity to coordinate between different authorities. Furthermore, the Special Rapporteur recommends that journalists and civil society organizations participate in the design, integration, functioning and evaluation of these bodies; that they have investigatory powers; that they have the competency to make recommendations to the Governments of their respective countries; that risk-assessment is prompt and efficient; that measures are implemented promptly; and that a contextual approach is adopted. Protection measures must be holistic, including a range of physical, legal, and political measures.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 111
- Paragraph text
- The Special Rapporteur recommends that civil society organizations work to raise awareness of the risks faced by journalists, the international standards which exist to protect them, and how these might be implemented through campaigns and training initiatives; that civil society organizations, including journalists, make efforts to ensure that global standards of professional conduct are met in order to enhance the credibility and protection of journalists; and that they coordinate with one another and with the United Nations in order to ensure that their work is complementary.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 115
- Paragraph text
- The Special Rapporteur encourages coordination between United Nations agencies and initiatives, such as the United Nations joint Plan of Action on the Protection of Journalists and the Issue of Impunity. Greater coordination between United Nations agencies, in terms of funding and programmes, may result in more efficient use of resources and less duplication of work. The Special Rapporteur welcomes the fact that civil society was consulted as part of the initiative and encourages strengthened links between United Nations agencies and civil society in the protection of 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)
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 116
- Paragraph text
- In keeping with the United Nations Action 2 programme, the Special Rapporteur encourages other United Nations agencies to support the protection of journalists by ensuring that United Nations actions at the country level are grounded in human rights principles and guided by international norms and standards. Training and toolkits, such as those provided by the United Nations Development Programme (UNDP) in relation to journalists working on HIV/AIDS and corruption, for example, could be tailored to the protection of 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)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 48
- Paragraph text
- The challenges that journalists encounter in undertaking their professional work are manifold. While the death or plight of foreign journalists in armed conflict situations frequently draw the attention of the international community, local journalists continue to face daily challenges in situations that have not reached the threshold of an armed conflict, but may be characterized by violence, lawlessness and/or repression. These range from restrictions to movement, including deportations and denial of access into a country or a particular area; arbitrary arrests and detention, particularly during public crises or demonstrations; torture and other cruel, inhuman or degrading treatment or punishment, including sexual violence against female journalists; confiscation of and damages to equipment, information theft, illegal surveillance and office break-ins; intimidation, including summons to police stations for questioning, harassment of family members, death threats, stigmatization and smear campaigns to discredit journalists; abductions or enforced disappearance to killings.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 49
- Paragraph text
- Since 1 January 2011, the Special Rapporteur has addressed communications relating to instances of restrictions or violence against journalists to the governments of Angola, Azerbaijan, Belarus, China, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Georgia, Honduras, Iran (Islamic Republic of), Iraq, Kazakhstan, Libya, Madagascar, Malawi, Malaysia, Maldives, Mexico, Morocco, Pakistan, Panama, Paraguay, Russian Federation, Spain, Sri Lanka, Sudan, Syrian Arab Republic, Thailand, Tunisia, Turkey, Uganda, United Arab Emirates, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam and Yemen.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 54
- Paragraph text
- An attack against a journalist is not only a violation of his or her right to impart information, but also undermines the right of individuals and society at large to seek and receive information, both of which are guaranteed under articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights respectively. Indeed, without respect for freedom of expression, and in particular freedom of the press, an informed, active and engaged citizenry is impossible. An attack against a journalist is therefore an attack against the principles of transparency and accountability, as well as the right to hold opinions and to participate in public debates, which are essential for democracy.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 56
- Paragraph text
- Despite the existence of provisions in international human rights law which protect their right to seek, receive and impart information and ideas of all kinds, journalists across the world continue to face risks and challenges in carrying out their work. The Special Rapporteur reiterates that the problem with regard to continued and increasing violence against journalists is not a lack of legal standards, but the lack of implementation of existing norms and standards (A/65/284, para. 83). It is therefore essential that these existing norms and standards be implemented at the national level. The Special Rapporteur wishes to emphasize again that although the origin of the acts of violence may not initially be known, the primary responsibility of protecting journalists, fully investigating each case and prosecuting those responsible lies with Governments and State institutions (A/HRC/4/27).
- 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
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 60
- Paragraph text
- For their part, journalists and media organizations also have a responsibility to take precautionary safety measures to ensure their own protection. Additionally, by voluntarily adhering to global standards of professionalism, journalists can also enhance their credibility in the eyes of society and their legitimate protection concerns. Such standards of journalistic professionalism include those that have been developed and adopted by journalists and media workers themselves, such as the Declaration of Principles on the Conduct of Journalists of the International Federation of Journalists, which proclaims that "respect for truth and the right of the public to truth is the first duty of the journalist."
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 61
- Paragraph text
- Most of the offline media have developed an online alternative, and given that the Internet has become an essential and economic medium for disseminating news to a global audience, leading to an emergence of "online journalists" - both professionals and so-called "citizen journalists" who are untrained, but who play an increasingly important role by documenting and disseminating news as they unfold on the ground. Such an expansion of individuals involved in spreading information has enriched the media landscape by increasing access to sources of information, stimulating informed analysis and promoting the expression of diverse opinions, particularly in moments of crises.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 64
- Paragraph text
- The Special Rapporteur reiterates that the right to freedom of expression should be fully guaranteed online, as with offline content. If there is any limitation to the enjoyment of this right exercised through the Internet, it must also conform to the criteria listed in article 19, paragraph 3, of the International Covenant on Civil and Political Rights. This means that any restriction imposed as an exceptional measure must (i) be provided by law, which is clear and accessible to everyone; (ii) pursue one of the legitimate purposes set out in article 19, paragraph 3, of the Covenant; and (iii) be proven as necessary and the least restrictive means required to achieve the purported aim.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 65
- Paragraph text
- One of the biggest challenges to ensuring the protection of journalists is impunity or the failure to bring to justice the perpetrators of human rights violations. In this regard, the Special Rapporteur has on many occasions stressed that impunity for those who attack and/or kill journalists is a central obstacle to guaranteeing the protection of journalists and press freedom, as it emboldens perpetrators as well as would-be perpetrators to attack journalists with no legal consequences. Indeed, impunity is one, if not the main cause of the unacceptably high number of journalists who are attacked or killed every year. States must recognize that in cases of violence against journalists, impunity generates more violence in a vicious cycle.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 66
- Paragraph text
- According to the Committee to Protect Journalists (CPJ), in nine out of 10 cases in which journalists are murdered, the perpetrators go free. As at 20 March 2012, 565 journalists have been murdered with impunity since 1992. The root causes of impunity may vary from context to context, but can mainly be attributed to lack of political will to pursue investigations, including for fear of reprisal at the hands of powerful criminal networks, inadequate legal framework and a weak judicial system, ineffectiveness of police forces and judicial bodies and lack of expertise, lack of resources allocated to law enforcement and the justice system, as well as negligence and corruption. Against these obstacles, many journalists choose not to report threats or incidents of physical attack, further fuelling the cycle of impunity.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 67
- Paragraph text
- The Special Rapporteur welcomes the efforts by various organizations to combat impunity, as well as the declaration by the International Freedom of Expression Exchange (IFEX) network in 2011 of 23 November as the International Day to End Impunity. This date has been chosen by the network to mark the second anniversary of the Maguindanao massacre in the Philippines, during which over 30 journalists were killed. As mentioned in Chapter II, the Special Rapporteur attended the Inter-Agency meeting on the Safety of Journalists and the Issue of Impunity, and welcomes efforts to adopt a United Nations joint Plan of Action on the Protection of Journalists and the Issue of Impunity, which is being coordinated by UNESCO. He hopes that such a joint plan of action will strengthen the protection of journalists on the ground through the presence of various United Nations agencies, funds and programmes in the field. He calls on all States to support the plan.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 68
- Paragraph text
- In the case of Guatemala, the International Commission against Impunity in Guatemala (CICIG), which began operations in September 2007, has an unprecedented mandate among United Nations and other international efforts to promote accountability and strengthen the rule of law. The Commission aims to investigate and dismantle violent criminal organizations in Guatemala, which are believed to be among the cornerstones of impunity in the country, threatening the justice system and democratic institutions. The Commission carries out independent investigations in accordance with international human rights standards under Guatemalan law and following Guatemalan procedure. It fortifies Guatemala's public policy framework and justice sector institutions, making proposals for legal reforms, providing technical assistance to justice sector institutions, and working closely with the Attorney General's Office on the prosecution of symbolic cases. Although the CICIG is not specifically directed towards journalists, it draws attention to issues at the heart of the problem of impunity.
- 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
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 69
- Paragraph text
- With regard to initiatives that address journalists in particular, efforts made to provide protection to journalists in Colombia have been welcomed, primarily as it recognizes that it is an important issue within the country and that measures must be taken to address the phenomenon. The Protection Programme for Journalists and Social Communicators, together with the Programme for the Protection of Human Rights Defenders, was created by the Government of Colombia in 2000, with the approval of Decree No.1592. The aim of the programme is to protect journalists and media workers in situations of risk or threat because of their work. Civil society organizations have contributed to the programme by presenting, investigating and following up on threats against journalists; and the Risk Evaluation and Regulation Committee (CRER) an inter-institutional committee determines and implements the necessary protection measures in each case.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 70
- Paragraph text
- Various protection programmes in Colombia, including the programme for the protection of journalists, were subsequently merged into one programme, which was formally institutionalized under the Ministry of Interior following the adoption of Decree No. 4912 in December 2011. Such a programme was necessitated by the high number of assassinations of journalists during the previous administration, in which eight journalists were killed in the first year, and six killed in the last six years. However, the situation in Colombia is still not an optimal one for journalists; in fact, Colombia has dropped in its ranking on the Press Freedom Index of Reporters Without Borders, from 114th out of 179 countries in 2002 to 143rd in 2011-2012.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 71
- Paragraph text
- OHCHR Colombia has welcomed the protection programme of the Ministry of Interior and Justice, but has also highlighted concerns, including the delays in assessing risks and implementing protection measures, the absence of a contextual approach and the transfer of protection schemes to private companies. OHCHR Colombia continues to provide assistance and advice to help to create more homogeneity and coordination between the different protection mechanisms. Despite these shortcomings, the Special Rapporteur welcomes the positive steps taken to combine different protection programmes based on coordination between State institutions, journalists and civil society organizations, and considers it an important step forward in preventing the assassination of 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 72
- Paragraph text
- The establishment in Colombia of the National Unit for the Protection of Journalists and other vulnerable sectors is also a good practice worth mentioning. However, this mechanism only addresses so-called "material measures of protection," such as mobile phones, bulletproof vehicles, emergency evacuations and transfers to other regions of the country or abroad, such as those granted under witness protection programmes. The Special Rapporteur considers it important to mention that the protection of journalists requires a holistic approach that includes material, legal, and political measures of protection, in particular public condemnation of attacks against journalists and support for press freedom by high-level State officials.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 78
- Paragraph text
- Ensuring that journalists can effectively carry out their work means not only preventing attacks against journalists and prosecuting those responsible, but also creating an environment where independent, free and pluralistic media can flourish and journalists are not placed at risk of imprisonment. The Special Rapporteur expresses his deep concern that the current total number of journalists imprisoned worldwide is reportedly the highest since 1996, with 179 journalists behind bars as at 1 December 2011. Reportedly, the work of 86 imprisoned journalists - half of the total imprisoned - has primarily appeared online. In addition, journalists may be victims of short-term detentions, which can also heighten the climate of intimidation. Such detentions are often difficult to document statistically.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 79
- Paragraph text
- Indeed, the Special Rapporteur remains concerned at the continuing existence and use of criminal laws against journalists and members of the media, which are often used by authorities to suppress "inconvenient" information and to prevent journalists from reporting on similar matters in the future. Consequently, there is a chilling effect which stifles reporting on issues of public interest. Charges such as treason, subversion and acting against national interests continue to be brought against journalists worldwide, as well as allegations of terrorism and criminal defamation for reporting false news or engaging in ethnic or religious insult.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 80
- Paragraph text
- As stressed previously, including in the report to the General Assembly (A/66/290), there are four types of expression or information which States are required to prohibit under international law: child pornography; incitement to genocide; advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence and incitement to terrorism. Other types of information or expression, which States are not required to prohibit, but may be restricted in exceptional and limited circumstances primarily to protect the rights of others, are established under article 19, paragraph 3, of the International Covenant on Civil and Political Rights. However, while protecting individuals from false and malicious accusations, protecting national security or countering terrorism are legitimate interests, the Special Rapporteur remains concerned that such pretexts are used by authorities to unduly control and censor the media and to evade transparency or to silence criticism of 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 81
- Paragraph text
- The Special Rapporteur reiterates that any restriction to the right to freedom of expression must satisfy the three-part test stipulated in article 19, paragraph 3, of the Covenant: (i) the restriction imposed must be provided by law, which is clear and accessible to everyone; (ii) it must be proven as necessary and legitimate to protect the rights or reputation of others; national security or public order, public health or morals; and (iii) it must be proven as the least restrictive and proportionate means to achieve the purported aim.
- 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
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 83
- Paragraph text
- Defamation laws protect an individual's reputation from false and malicious attacks, and constitute valid grounds for restricting freedom of expression. Nearly all countries have some form of defamation legislation, although different terms are used, such as libel, calumny, slander, insult, desacato, or lèse majesté. However, the problem with defamation cases is that they frequently mask the determination of political and economic powers to retaliate against criticisms or allegations of mismanagement or corruption, and to exert undue pressure on the media.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 84
- Paragraph text
- In particular, the Special Rapporteur remains concerned that defamation remains classified as a criminal offence rather than a civil tort in many countries around the world. As he has emphasized on many occasions, criminal defamation laws are inherently harsh and have a disproportionate chilling effect on free expression. Individuals face the constant threat of being arrested, held in pretrial detention, subjected to expensive criminal trials, fines and imprisonment, as well as the social stigma associated with having a criminal record.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 90
- Paragraph text
- The Special Rapporteur emphasizes the importance of journalists' right to access information, which is part of the right to seek and receive information under articles 19 of the Universal Declaration on Human Rights and the International Covenant on Civil and political Rights, respectively. He would like to stress that Governments should classify only those data which are proven to harm national security and other vital interests of the State. Moreover, there should be clear classification criteria and register of classified information, which is both established by law and accessible to everyone. Further, classified data should be subject to regular review and declassified if confidentiality is no longer necessary.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 91
- Paragraph text
- The Special Rapporteur also remains concerned at journalists being held accountable for receiving, storing and disseminating classified data which was obtained in a way that is not illegal, including leaks and information received from unidentified sources. In this regard, he emphasizes that journalists should not be held responsible for, or be forced to reveal, their sources of information. The Special Rapporteur further stresses that it is also important for States to facilitate access to historical archives of official information to enable victims of human rights violations to exercise their right to truth, as well as journalists and academics for investigative purposes.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 93
- Paragraph text
- While armed conflict situations may place journalists at risk, the Special Rapporteur notes that the majority of attacks against journalists take place outside of armed conflict situations. Individuals who cover public demonstrations, report on issues such as corruption, human rights violations, environmental issues, organized crime, drug trafficking, public crises or emergencies are placed at particular risk of violence. Nevertheless, the Special Rapporteur also reiterates the importance of the following concerns.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 94
- Paragraph text
- Central challenges in relation to human rights violations committed against journalists include various forms of intimidation, physical attacks - including abductions and killings -, arbitrary detention, as well as impunity and the use of criminal laws to imprison and intimidate journalists. Female journalists face additional risks, such as sexual assault, mob-related sexual violence at public events or sexual abuse in detention or captivity. Due to social, cultural and professional stigmas, many of these attacks are not reported.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 88
- Paragraph text
- Over the past three decades, the right to truth has most often been invoked in situations relating to the failure of the State to ensure accountability for systematic violations of human rights and to provide appropriate reparations. It has also commonly been related to the right of victims and their relatives to demand investigations and information as a first step in achieving justice. As international jurisprudence has evolved, it has become evident that the right to truth has also a clear, collective dimension. There is a shared interest in the clarification of human rights violations and in the dissemination of information on the context in which they occurred, especially so as to re-establish trust in State institutions and to ensure non-repetition of the violations. The realization of the right to truth, at both the individual and the collective levels, requires access to and, often, also the dissemination of information on human rights violations.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 89
- Paragraph text
- In parallel, the global recognition of the overall importance of transparency of public institutions in the consolidation of peace, democracy and development is unquestionable. Explicitly included as a component of the right to freedom of expression, the right to access information is increasingly protected by national laws. Technological advances, democratic transitions and the expansion of civil society activity have contributed to a significant increase in the demand for all types of information held by public bodies.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 92
- Paragraph text
- In this context, the Special Rapporteur concludes that the right to access information on human rights violations, as enshrined by the right to freedom of expression, should be considered to be part of the right to truth in all circumstances - whether it relates to past or present situations, is claimed by victims, their relatives or by anyone in the name of public interest, in situations of political transition or not, and irrespective of the existence of legal proceedings, including when judicial action has expired.
- 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
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 93
- Paragraph text
- Given that the enjoyment of human rights also implies responsibilities, and is based on the principles of universality, equality and interdependence, there is a shared responsibility in denouncing human rights violations whenever they occur. Such responsibility is of greater importance in the case of public officials. Therefore, the disclosure in good faith of relevant information relating to human rights violations should be accorded protection from liability. On the other hand, the silence of State officials on violations that they witness can be interpreted as complicity. Transitions to peace and democracy based on silence over past crimes, atrocities or impunity are not sustainable.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 95
- Paragraph text
- The effective implementation of national laws on information continues to be limited by the reluctance of public bodies and officials to comply with the new norms and the continued acceptance of multiple grounds for secrecy. Particular attention should therefore be paid to overseeing the steps taken to institutionalize norms regulating access to information and to examining the true relevance of confidentiality. Ultimately, legitimate national security interests can be fully protected only through respect of all human rights, including the right to access information.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 12
- Paragraph text
- Historically, in particular in countries that have experienced situations of serious and systematic human rights violations, lack of access to information and, often, the circulation of misinformation, have been central issues for subsequent governments and society as a whole when seeking to address the past and constitute an important challenge in the transitional justice process. Over the years, especially following the transition to democracy experienced by countries in Latin America and Eastern Europe in the 1980s and 1990s, the right to the truth has been recognized in a number of forums and documents as a distinct right.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 15
- Paragraph text
- International human rights bodies and mechanisms have recognized and developed the right to truth as a distinct right. Principle 4 of the updated set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1) notes the existence of the right to know the truth, irrespective of any legal proceedings. Both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have noted the importance of this right, separately from judicial proceedings. The Inter American Commission has stated that the right to know the truth is a collective right which ensures society access to information that is essential for the workings of democratic systems, and is also a private right for relatives of the victims, which affords a form of compensation, in particular, in cases in which amnesty laws are adopted.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 18
- Paragraph text
- The right to seek and receive information is an essential element of the right to freedom of expression. It is, as noted in a previous report of the Special Rapporteur, a right in and of itself and one of the rights upon which free and democratic societies depend (E/CN.4/2000/63, para. 42). Accordingly, the Special Rapporteur has, since the establishment of the mandate, carried out a number of studies regarding certain aspects of its implementation (see, for example, E/CN.4/1999/64, E/CN.4/2000/63, E/CN.4/2003/67, E/CN.4/2005/64 and Corr.1, A/HRC/11/4 and A/HRC/17/27). In more recent reports, the Special Rapporteur has focused on rights and limitations regarding access to the Internet, which are in numerous respects closely linked to the right to seek and receive information (A/HRC/17/27, sects. II to VI, and A/66/290, sects. III to V).
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 19
- Paragraph text
- The right to access information has many aspects. It encompasses both the general right of the public to have access to information of public interest from a variety of sources and the right of the media to access information, in addition to the right of individuals to request and receive information of public interest and information concerning themselves that may affect their individual rights. As noted previously, the right to freedom of opinion and expression is an enabler of other rights (A/HRC/17/27, para. 22) and access to information is often essential for individuals seeking to give effect to other 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 20
- Paragraph text
- Furthermore, public authorities act as representatives of the public, fulfilling a public good; therefore, in principle, their decisions and actions should be transparent. A culture of secrecy is acceptable only in very exceptional cases, when confidentiality may be essential for the effectiveness of their work. There is consequently a strong public interest in the disclosure of some types of information. Moreover, access to certain types of information can affect the enjoyment by individuals of other rights. In such cases, information can be withheld only in very exceptional circumstances, if at all.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 22
- Paragraph text
- Notably, article 6 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (known also as the Declaration on Human Rights Defenders), adopted by the General Assembly in resolution 53/144, expressly provides for access to information on human rights, stating that everyone has the right, individually and in association with others, (a) to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how these rights and freedoms are given effect in domestic legislative, judicial or administrative systems; and (b) as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 25
- Paragraph text
- The gravity and the scale of the practice of disappearances by the regimes that were in power in Latin America from the 1960s, and the subsequent struggle of family members and society in general to establish the fate of the victims and to ensure investigation into the facts and punishment of the perpetrators, was initially at the centre of the development of the right to truth. During those regimes, the justice systems of the countries in which such acts occurred were completely ineffective in carrying out investigations into the facts. Moreover, many of the countries concerned adopted amnesty laws that not only ensured impunity for the perpetrators but, in effect, also impeded investigations by the justice systems.
- 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
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 26
- Paragraph text
- In an attempt to address this issue, in particular since the 1980s, numerous countries have created inquiry commissions, more commonly known as truth commissions, to, in most cases, carry out investigations, make public their findings and provide recommendations regarding reparations and reconciliation. These commissions have largely reported on both the general circumstances leading to and surrounding human rights violations and individual cases. Such commissions were first established in Latin America following the collapse of military regimes and/or the end of armed conflicts that had given rise to large-scale, serious and systematic human rights violations, such as extrajudicial executions, disappearances and even genocide.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 30
- Paragraph text
- In this context, the pursuit of judicial investigations into human rights violations is a core responsibility of the State and a major starting point for the realization of the right to truth. The judicial investigation of individual cases is not sufficient in itself, however; the right to truth implies not only the clarification of the immediate circumstances of particular violations, but also the clarification of the general context, the policies and the institutional failures and decisions that enabled their occurrence. Beyond this, the realization of the right to truth may require the dissemination of information on violations in order to restore confidence in State institutions and ensure non-repetition.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 32
- Paragraph text
- The Inter-American Court has repeatedly recognized this right. In addition, the Basic Principles on Reparations and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law include, as a measure of satisfaction, verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm to the victims, as well as inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels (General Assembly resolution 60/147, annex, paras. 22 (b) and (h)).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 36
- Paragraph text
- As mentioned above, the right to truth affects and has many implications for other rights; for example, (a) it is in itself part of the reparation for the victims and their families, and it honours the memory of the victims; (b) it is the first step in eliminating impunity and striving towards the right to justice and reparation; (c) it is part of the guarantee of non-repetition; (d) it is essential for the individual and his or her social and mental health recovery; (e) it is part of the reconstruction of the social network of relationships, peaceful coexistence and reconciliation; and (f) it is part of the historical heritage of a nation and is, therefore, open to academic research and investigative journalism. Only people who have the right to fully acknowledge their past can be truly free to define their future.
- 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
- Health
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 37
- Paragraph text
- As observed above, the State has an obligation to disclose information, and in particular, certain types of information, such as that regarding violations of human rights or humanitarian law. This is clearly information of public interest, engaging a high presumption of disclosure. The overriding public interest in the disclosure of information concerning serious violations of human rights and humanitarian law, in addition to the obligation of States to take proactive measures to ensure the preservation and dissemination of such information, is generally acknowledged. Limitations to these obligations, especially in situations of transitional justice, can be invoked only under very specific circumstances.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 38
- Paragraph text
- By its resolution 65/196, the General Assembly proclaimed 24 March as the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims, in recognition of the work and values of Monsignor Oscar Arnulfo Romero of El Salvador, who was killed in 1980. In his message on the day in 2013, the Secretary-General emphasized the individual and collective dimension of the right to truth, noting that each victim had the right to know the truth about violations against them, but that the truth also had to be told more widely as a safeguard to prevent violations from happening again.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 40
- Paragraph text
- In the context of human rights violations, and especially in cases of serious violations, the rights of victims and their families to access information can have several aspects. First, gaining access to information regarding the circumstances surrounding a human rights violation is usually essential in order to give effect to other rights, such as due process, guarantees to a fair trial and the right to a remedy. Moreover, clarifying what occurred is in itself one of the elements of reparations for victims and family members. Lastly, in cases of violations such as disappearances, the violation is continuing and ceases only once family members are able to ascertain the facts and determine the fate of the disappeared person. The refusal of the State to provide information, or the provision by it of false information, constitutes an additional violation because it prolongs and deepens the anguish, in addition to the moral and emotional pain.
- 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
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 42
- Paragraph text
- The Inter-American Court has developed extensive jurisprudence regarding the various aspects of the right to know and to seek and receive information in the context of human rights violations. The Court has consistently recognized victims' and/or their families' rights to access information regarding violations suffered. In its findings, the Court has often associated the right to seek and receive information with basic human rights and State obligations, such as the obligation of the State to protect and ensure human rights, and the right to judicial protection and a fair trial and/or due diligence guarantees.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 44
- Paragraph text
- As described above, the right of victims and their families to access information and know the truth has different aspects and principles.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 45
- Paragraph text
- In its considerations, the Court has emphasized that the State must demonstrate a certain amount of due diligence in searching and providing information. For example, it was of the view that the State could not seek protection in arguing the lack of existence of the requested documents but, to the contrary, must establish the reason for denying the provision of the said information, demonstrating that it had adopted all the measures within its power to prove that, in effect, the information sought did not exist. Furthermore, the Court deemed it essential that, in order to guarantee the right to information, the public powers should act in good faith and diligently carry out the actions necessary to ensure the effectiveness of that right, especially when it dealt with the right to the truth of what had occurred in cases of gross violations of human rights, such as those of enforced disappearances and extrajudicial execution in the case under consideration.
- 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
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 46
- Paragraph text
- The Court has also considered judicial proceedings to be essential to the right to know the truth, holding that States may establish truth commissions, which contribute to the creation and preservation of historical memory, elucidation of the facts and the determination of institutional, social and political responsibilities during certain historical periods in society. Nevertheless, the Court considers that this does not complete, or substitute for, the State's obligation to establish the truth through judicial proceedings; hence, the State has the obligation to open and expedite criminal investigations in order to determine the corresponding responsibilities.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 55
- Paragraph text
- In a number of instances, States have continued to limit access to information concerning action carried out under previous regimes, even when they took place many years before. In the absence of detailed justification, allegations that information regarding such past violations can affect national security have little credibility. The Special Rapporteur considers that it is difficult to justify a continuing public interest in imposing limitations to information from former regimes. As noted, authorities in countries undergoing a process of transitional justice have a particular obligation to proactively ensure the preservation and dissemination of information on serious violations of human rights and humanitarian law that took place in the past.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 57
- Paragraph text
- The recurrent use of national security concerns as a justification for the denial of access to various types of information predicates a need to study carefully the promotion of confidentiality on such grounds. Widespread secrecy justified on national security grounds is particularly problematic in the context of investigations of human rights violations because it may represent one of the main obstacles to the clarification of responsibilities and consequences of serious violations, ultimately becoming a barrier to the promotion of justice and reparation.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 58
- Paragraph text
- Although national security is a legitimate State concern, one of the main challenges faced when information is classified on national security grounds has frequently been the lack of transparency of the process as a whole. In cases of human rights violations, the situation may occur whereby those who decide to classify such information could belong or be linked to the entities allegedly responsible for the violations. The persistent denial of information on human rights violations potentially involving national security bodies often weakens public trust in these institutions, ultimately reversing the alleged justification for secrecy.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 63
- Paragraph text
- The Special Rapporteur understands that legitimate national security interests can be protected fully only through the respect of all human rights, including the right to freedom of expression. The most secure nations are those that pay greater attention to their human rights obligations. The importance of respecting all human rights and fundamental freedoms in responses to terrorism, for example, is widely recognized by States (see Commission on Human Rights resolution 2005/80). Promoting access to information, besides being an obligation, is a basic requirement for the rapid identification of malpractice and for the consequent enhancement of the work of all public bodies, including those working in the promotion of national security.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 64
- Paragraph text
- Bearing in mind these concerns, civil society organizations and academic centres, in consultation with experts from more than 70 countries, developed the Global Principles on National Security and the Right to Information (known as the Tshwane Principles).2 The principles provide detailed guidance to those engaged in drafting, revising or implementing national norms relating to the State's authority to withhold information on national security grounds or to punish in cases of disclosure of such information. While preparing the present report, the Special Rapporteur participated in various consultations relating to these principles.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 66b
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] Information regarding other violations of human rights or humanitarian law is subject to a high presumption of disclosure, and in any event may not be withheld on national security grounds in a manner that would prevent accountability for the violations or deprive a victim of access to an effective remedy;
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 66c
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] When a State is undergoing a process of transitional justice, during which the State is especially required to ensure truth, justice, reparation and guarantees of non-recurrence, there is an overriding public interest in disclosure to society as a whole of information regarding human rights violations committed under the past regime. A successor government should immediately protect and preserve the integrity of, and release without delay, any records that contain such information that were concealed by a prior government.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 67
- Paragraph text
- In the context of access to information on violations of human rights, the references made in the Tshwane Principles to public interest disclosures (part VI) and limits on measures to sanction or restrain the disclosure of information to the public (part VII) are of particular relevance. Among various recommendations, it is proposed that national law should protect from retaliation public personnel who make disclosures of information showing wrongdoing (such as human rights violations), regardless of whether the information is classified or otherwise confidential. It is further suggested that public bodies establish internal procedures and designate specific persons to receive protected disclosures.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 68
- Paragraph text
- Information on human rights violations involving the activities of national security and intelligence bodies that operate under strict secrecy procedures are often only disclosed by those working within these entities (see A/HRC/10/3). In this regard, the Special Rapporteur has recalled the importance of ensuring the protection of whistle-blowers, that is, persons with a connection to the State who, having a legal obligation to ensure confidentiality, disclose to the public information that they reasonably consider to reveal human rights violations. The Special Rapporteur has indicated that a whistle-blower should not be subjected to legal, administrative or disciplinary sanctions as long as he or she has acted in good faith, pursuant to international standards on the subject. In fact, every person who is involved in or witnesses a human rights violation should assume the moral responsibility to denounce it.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 69
- Paragraph text
- Furthermore, the Special Rapporteur has highlighted the fact that, under no circumstances, may journalists, members of the media or members of civil society who have access to and distribute classified information on alleged violation of human rights be subjected to subsequent punishment. Equally, confidential sources and materials relating to the disclosure of classified information must be protected by law. In this context, journalistic self-regulatory mechanisms and codes can significantly contribute to drawing attention to eventual risks in the communication of complex and sensitive issues.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 70
- Paragraph text
- Over the past 20 years, numerous national norms have been adopted with the aim of promoting the right to access information. It is currently estimated that more than 50 national constitutions guarantee a right to information or of access to documents, or impose an obligation on State institutions to make information available to the public. More than 90 countries have adopted national laws establishing the right to request information and procedures for the public to obtain government-held information, thus responding to their human rights obligations.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 71
- Paragraph text
- These efforts were frequently stimulated by the democratic transitions experienced in various regions over the past decades. The increasing pressure for broader access to information is also a result of the work of international and national non-governmental organizations. Lastly, the rapid evolution of information technology has significantly expanded the capacity of States and individuals to process and communicate all types of information in a timely manner. Naturally, this has raised expectations that public entities (and other private actors) proactively disclose relevant information to society regularly.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 74
- Paragraph text
- Notwithstanding the positive steps taken by a number of States, as reflected in the many national legal instruments regulating access to information, multiple obstacles are frequently encountered in their implementation. Altering long-standing practices of government workforces is a complex process, especially when public bodies have been established or subjected to reforms during a previous authoritarian rule. The provision of information in a timely manner requires not only improvement of the technical capacity of public bodies to process and share information, but also the training and awareness-raising of public officials at all levels with regard to their duty to respond to public requests for information, while assigning absolute priority to information relating to human rights violations.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 75
- Paragraph text
- While reviewing multiple experiences that promote the right to access information, experts have developed some core principles to guide the design and implementation of relevant laws and practices. The same principles had been endorsed and presented to the Commission on Human Rights by the Special Rapporteur on the right to freedom of opinion and expression in 2000 and were further reflected in other declarations prepared by international mechanisms for promoting freedom of expression. The Special Rapporteur considers that these principles continue to represent a crucial tool for translating into practice the various human rights obligations concerning the right to information.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 76d
- Paragraph text
- [The core principles include:] Limited scope of exceptions. Reasons for the denial of access to information should be clearly and narrowly designed, bearing in mind the three-part test suggested in the interpretation of the right to freedom of opinion and expression. Non-disclosure of information must be justified on a case-by-case basis. Exceptions should apply only where there is a risk of substantial harm to the protected interest and where that harm is greater than the overall public interest in having access to the information;
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 76f
- Paragraph text
- [The core principles include:] Costs. Individuals should not be deterred by excessive cost from making requests for information;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 76i
- Paragraph text
- [The core principles include:] Protection for individuals who disclose relevant information (whistle-blowers). National laws on the right to information should provide protection from liability for officials who, in good faith, disclose information pursuant to right to information legislation. Individuals should be protected from any legal, administrative or employment-related sanctions for releasing information on wrongdoing, including the commission of a criminal offence or the failure to comply with a legal obligation. Special protection should be provided for those who release information concerning human rights violations.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 77
- Paragraph text
- As indicated in a comprehensive comparative study of national experiences promoting access to information, the adoption of national laws should be regarded only as the first step: full implementation requires political will (full endorsement by various relevant authorities of the principles enshrined by the new normative framework), an active civil society (advocating and monitoring the implementation of the norms) and respect for the rule of law. In fact, a number of frequent obstacles can be noted in the review of national practices implementing legal frameworks protecting the right to information.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 83
- Paragraph text
- The inclusion of vaguely defined or inappropriate exceptions in national laws on access to information is also a common obstacle that seriously compromises the impact of the instruments. Inappropriate exceptions include, for example, reference to the protection of good relations with other States and intergovernmental organizations. As mentioned above, the widespread and unspecified use of national security concerns as a reason for the denial of access to information is another common occurrence. Some laws explicitly exclude some public bodies from the ambit of national norms, preventing consideration of whether information pertaining to those bodies should be disclosed at all.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 85
- Paragraph text
- The review of national experiences also demonstrates important positive elements in existing laws and practices. It is clear that provisions establishing objective procedural guarantees which detail the processes required to request and obtain information, in addition to the responsibilities of public bodies in these processes, are a central element for the successful implementation of national norms. The establishment of a broad scope for the right to access to information in national laws is central to the success of the norms. The inclusion of pragmatic instructions among principles, such as that of ensuring that access is rapid, inexpensive and not unduly burdensome, is also positive.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 86
- Paragraph text
- There are also good practices regarding the appointment of dedicated officials to assist in the implementation of national laws on access to information. These can be established through the appointment of information officers, or the establishment of an office, such as the Mexican Federal Institute for Access to Information. Such mechanisms may undertake multiple functions relating to the promotion of access to information, such as processing requests, ensuring the proactive publication of information by public bodies, providing assistance to applicants, proposing adapted procedures to implement the law, training and raising the awareness of other officials, monitoring the implementation of the law, and reporting.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 97
- Paragraph text
- The Special Rapporteur calls upon States to implement the measures set out 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
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 103
- Paragraph text
- States should, in particular, consider the appointment of a focal point, such as an information commissioner, to assist in the implementation of national norms on access to information or the creation of a State institution responsible for access to information. Such mechanisms could be mandated to process requests for information, assist applicants, ensure the proactive dissemination of information by public bodies, monitor compliance with the law and present recommendations to ensure adherence to the right to access information.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph